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Home My WebLink About1000-106.-6-29Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Planner Date: May 7, 2008 Chapter 268: Waterfront Consistency Review Wetland Permit for GARY GUJA SCTM#106-6-29 Philip R. Anderson on behalf of GARY GUJA requests a Wetland Permit to construct a docking facility consisting ofa 4'X 16' ramp to a 4'X 58' catwalk, elevated a min. 4' above grade of wetlands, a 3'X 15' ramp and a 6'X 20' floating dock with three (3) secure piles plus one additional 10" round tie-off pile. Located: 372 North Dr., Mattituck. SCTM# 106-6-29 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 LWII, P policy standards and therefore is CONSISTENT with the LWRPi provided that the proposed action meets all dock standards pursuant to § 275-11 Construction and operation, specifically dock standards 1~ 2 and 3. Maritime activity in Southold traditionally has been concentrated in the harbors~ inlets and creeks. Developed Coast Policy #1 promotes a continuation of the traditional pattern of maritime activitv~ supporting the economic base, maintaining the maritime character of the Town, and avoiding disturbance of the remaining natural shoreline and water areas. It also recognized that Mattituck Inlet and Creekt identi['ted by the state as a regional Maritime Center. 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. The primary components of the desired development pattern are: strengthening the hamlets as centers of activit¥~ maintaining a clear sense of separation between hamlet centers and the countryside, encouraging water-dependent uses to concentrate in existing locations of maritime activitg, enhancing stable residential areas~ and preserving agriculture~ open space and environmentally sensitive coastal resources. WORKING COAST POLICY Policy 10 Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. The intent of Working Coast Policy # 10 policy is to protect existing water-dependent commercial~ industrial, and recreational uses and to enhance the economic viability of water-dependent uses by ensuring adequate provision of infrastructure for water-dependent uses and their efficient operation. The proposed action is consistent with LWRP Policy 10-protect Southold's water- dependant uses and further is in compliance with § 275-2 water-dependent uses. § 275-2 Definitions; word usage. WATER-DEPENDENT USES -- An activity which can only be conducted on, in, over or adjacent 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. The uses include, but are not limited to commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock facilities, shipyards and boat-building facilities, navigation aides, basins and channels, industrial uses dependent upon waterborne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 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. Furthering LWRP policy 6.3~ the applicant proposes to use all untreated materials in construction and therefore is in compliance with § 275-11. § 275-11 Construction and operation standards. C. In water. The following standards are required for all in-water operations adjacent to residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water-dependent nature of their use. (2) Docks. In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with ehromated copper arsenate (also known as "CCd '9, commercial copper quat (CCQ), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Similarly, the use of tropical hardwoods is prohibited unless it is certified by the Forest Stewardship Council or similar organization. Materials used for structural components shall be determined at the discretion of the Trustees. 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 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 eelgruss (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. Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Planner Date: May 7, 2008 Proposed Permit to Wetland Permit for GARY GUJA SCTM# 106-6 -29 Philip R. Anderson on behalf of GARY GUJA requests a Wetland Permit to construct a docking facility consisting ofa 4'X 16' ramp to a 4'X 58' catwalk, elevated a min. 4' above grade of wetlands, a 3'X 15' ramp and a 6'X 20' floating dock with three (3) secure piles plus one additional 10' round tie-offpile. Located: 372 North Dr., Mattituck. SCTM#106-6-29 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 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Sonthold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Sonthold agency in making a determination of consistency. *Except minor exempt actions 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 Waterfxont Revitalization Program. A proposed action will be evaluated as to its si..t, nifieant 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thu% each answer must be explained in detail~ listing both suooortin- and non- suooortin- facts. 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 PI ~an~ing D~artment, all local libraries and the Town Clerk's office. _ ~ PRO CTN ME Gary Guja's Dock UOC ' ' The Application has been submitted to (check appro~.atetresponse): ~ ff~ ~.i-, J~~'~ Towa,oard [] ,oardofTr.stees 1. sou olda n a t on e kapprop. s ons ,: ? (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: X~X Nature and extent of action: Construc~ and insta~--~l pleasurecraft catwalk and oocK 5o~a~.approx<9~ 11~/f.eet incluOing blt x 2O.ft float (horlzon~al L~rellne). Ail lumber materials catwalk & dock min. 4 ft above grade of wetlands (ramped) Location of action: Site acreage: 372 North Drive (Flag~'lot) on Mattituck Creek 31.984 sq ft = 0.73 acres Present land use: single family residential Present zoning classification: residential 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: Guja's Dock (b) Mailing address: 372 NorLix Drive, haggi~uck , New xorK C/O Philip R. Anderson-Project Manager/ Consultant Southampton, NY 11968 (c) Telephone number: Area Code ( ~ql,/gaS_.~9.v7 r:__ 631/259-2263: P. Anderson (agent) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yel~:~ No~ Ifyes, wkich state or federal agency? New York State Dep't Env. New York State Dep't of State- Coastal Resources · U.S. Army ~o;rp~. ~;f ~noineers C. Evaluate the project to the following policies by analyzing how the projectwm iurther~support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 Project is wzthzn~community development standards in minimizing length of catw~lfk and dock and alleviating any undu~ visual impacts plus by using untreate~ the To~n ne Snu[hn~d. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Sonthold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~-~ Yes ~] No [] Not Applicable There are no known archaeological or historic resources at this site or within proximity to the site that WOUlO ot~lerwise possibly be visually impacted or othe£wi~- on ¢ n essa~ Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section HI - Policies Pages 6 through 7 for evaluation criteria Yes ~ No ~ Not Applicable 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 II1 - Policies Pages 8 through 16 for evaluation criteria ~-~Xyes [~ No [] Not Applicable NO erosion or floodinq should occur at all- as a result of the construction and placement of the proposeds dock-NONE-no flooding or erosion will result-project does not create any increase in nonpervious or nonpermeaDle surtaces and well nod lead ~o causing any difference~ In tld~l £1u.~ u~' uth=~ wa~e~ £1uCLu=blons and ,,,ovements of the '.-at~r~ cf H~tt!tuck Crcck. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes [] otApplieahle See an~w£~ Uu PuXl~i~ I, 2 & 3-~ei-eii~ ~,~= ~o= ........ ~ p~rhap~ may. ALL LUMBER NATURAL WOOD-tropical qreenheart- no toxic discharqes and no permanent changes in sedimentation will occur-also by float for docking being in min. 4 ft depth at low water any "prop oreoging- ~na~ may ouherw~se have occure, A~chadd~a~~agers will be instgntflcant ir ~,~. 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 No Not Applicable project site there will be N0 siqnificant chanqes in any wildlife disaturbances as a result of the proponent making use of the completed dock project. The flush of Mattituck Creek will not be ~ffected by this doc~ l~S~alla~ion-excep~du~ln9 uun~t~uuLio~ ~here will be mlnla,~i u~avuldabi~u~u~ua.~=o-,,~,,~,.~ par A~ch add~t~o~ s~ets i~ce ~ .... ~ ........... 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 [] N~-~Not Applicable 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. oq- ot 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 Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. X~--~ Ye~ No [] Not Applicable Public Access to shoreline will remain unaffected- anyone desiring to walk the creek shoreline may easily walk around proposed dock structure-creek access will also remain unaffec~e~ to puDllc DU~ WiLl De enhanced for project Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold% 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. Pr~jact as p~upu~d ts in most suitable l~oation to allow for ~--~ck tr~vcrslng oyez lea~t ~mount and leas~ Wl~t of and is in accordance w~h ]~mml ~=~w ~-~,~ .._~_ __~ other pr~e~;~existing docks ad~acen~ A~chadditi~~s~ Mattituck Creek in ~eneral. Dock is sited so as not to interfere with other adjacent dock locations an use Poli~ 11. ~romo~ ~6 use of living marine resources in Long Isin.d Sou.d, the Peco,ic Estua~ and Town waters. See L~ Section III - Policies; Pages ~7 through 62 for evaluation c~te~a. Yes No Applic.b e .............. ~ ....... ~=~x~ NON-?reared l~mDer and by usin~ natur~l l~)mh~r= .... ~,~ ~,~..__.. c~ll~ti~- ~- .... uZ ~XC~ wa~e lumber generated at constru~.~d of the l~oal Creek waters or Pe~on~ R~y m=e,3~r], ~l, ztcm' It is NOT expected that there is any (NONE) associated from this project as planned and proposed. A~ach additional sheets if neccss~ Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes Iq No Z %otApplieahle direct or indirec~-N/A Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section HI - Policies; Pages 65 through 68 for evaluation criteria. [] Yes ~ No [-~:~Not Applicable NOT an energy related Project-N/A PREPARED BI~h~ipC R'~gen~') Consultant/ TITLE Project Manager DATEFeb. 17, '( GARY GUJA PROPOSED DOCK 372 North Drive ,_,. ,,, ,, ,,,_,., Mattituck, New York...1,1952 I-' L/-U~IVl ~. VV (Suffolk County) SCTM #1000-106-6-29 I~\F L,l.wassur eyedextreme Iow_water ~ -- -~ 95.399 _ ~ .~, \ ~ -:;I ft at ALW ~ ~,, \ j .,w~,,~J .(~ -4 ft at ALW ZO .L 4ft x 8 Lft pe iff'anent catwalk ~ok. : ~ 4ft x 16ft onramp ~ (Raml ,d 4ft ~bove grade or wet~ds) Aver Low water Z t 3ft X 15 t float ramp,~'O LU ~ -- -- 74.699 -- ~-- /"/ ' f.~ / ~ ~ 3-6" sta )ilizer piles-;-.~"-~ approx. Wetland boundary limit ~..~? ~ Tidal Wetland Line "' f~ Piles~'~ flagged by P.Anderson on Nov. 21,200~- / ,/ 1.10 be-off p~ es Drawings & Plans by: ~ ~..,. Philip R. Anderson / Project Manager/Consultant 25 O~ldfield Road-Conscience point ~ ~outhampton, NY 11968 · . · , . .................. F~eld Inspection with m~/ surements & depth soundings on Nov. 21, 2007 rmone~,~: ~z~-zz~ -~-~ .............. / - at ~ PM to 2Pm Low tide Email' PRA123@Optonline net * . - · * ~ / (w~th s~te photography) P. 1 of 4 rev Feb 11, '08 ~ Dec. 23, 2007 SCALE is: 1 Inch to 20 Feet DRW:GUJA~A 2 GARY GUJA $72 North Drive Mattituck, NY 11952 (Suffolk County) SCTM # 1000-106-6-29 ~ 95.036 1 single 10" round tie off pile 3ft x 15 ft floatramp 4ft x 58ft permanent catwalk & Dock~ (min 4ft above grade of wetland veg.) \ UPLAND (max. 26" above aver high water) \ 6ft,,'(' 20 ft float _._ 4ft x 16ft onraml3-~.. J 6" round piles 8 ft O/(; \ 3-6" roun¢l ~tpiles/ ~' \ ~----~._~__.~..~.._.~__._.;~' ~ \ II/'j' / ~ '--. ' -- ~:::~ILI~"I~EAN HIGH WATEF i h · ~ ~ Extreme Iow water ~ MHW as surveyed (, II Ill Wetland boundary Aver. LOW water _1'_ III vat~/ limit A . . \ Extrema IIIiw (by field insp. on nov. 21, 2007-1 PM-Iow t~ / Plans & Drawings By:~ t at ALW Philip R. Anderson P. 2 of 4 Phone/Fax: 631/259-2263 Email: PRA123@Optonline. net rev Feb 11, '08 Dec. 23, 200; Scale is: I inch to20 feet DRW:GUJA1B GARY GUJAProposed dock 372 North Drive Mattituck, New York Construction Cross-Section SCTM # 1000-106-6-29 6" round piles 8 ft O/C (TYP) min lengtlhs 20 lumber Untreated use tropical greenheart,-,,.. all connections thrubolted ~/use sy nth~ ;tic decking 2" thick handscrewed including stringers to piles ~ ~J 4"x 6" side stringers withhotdipped galvanized hardware ~'~ high water 3" x 8" scissor bracing (alternate bents) --[ aver. (installation of scis§~3r-.bracJn(~ owner's discretion)/ Drawings & Plap..s .,b.y:..Crc~de of wetlands ~'nmp r~. Anderson Project ManagedConsultant Phone/Fax: 631/259-2263 p. 3of4 Email: PRA123@optonline.net SCALE IS: 1/2 inch per foot Dec. 23, 2007 DRW:GUJA1C Material -- 3.988 Ited ~ use sy nth, ;tic decking 2" thic~ les ~ ~ J 4"x 6" side stri ed hardware I J IL_ I'r .~"X 6" center stril ~ 3" x 8" crossbra, ~ bents) J ~ _.[ aver. hi [ Crade of son ~ltant S.C.T.M. NO. O 288.00' LOT(S): 29 $ 89"48'00" 8 ADD PROPOSED DOCK 02-25-08 LOCATE FLAGGING 01-25-08 AREA: 31,984 SQ.F~. OR 0.7.3 ACRES £t£v,*no~v o4tu~: ....................... CERTIFIED TO: GARY GUJA; suR~* or: P/O LOT K ~AP or: SHORE ACRES APR - 3 °