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Home My WebLink About1000-70.-5-40OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date: July 23, 2008 Proposed Permit to Wetland Permit for PINE NECK HOLDINGS LLC SCTM#70-5-40 Peconic Permit Expediting on behalf of PINE NECK HOLDINGS LLC requests a Wetland Permit to construct a 528 sr. rear deck attached to the dwelling, and construct a 4'X 46' catwalk, 4'X 5' ramp and 6'X 20' seasonal floating dock. Located: 1475 Pine Neck Rd., Southold. SCTM#70-5-40 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 below listed policies and therefore is INCONSISTENT with the LWRP pursuant to § 268 of the Southold Town Code. THE FOLLOWING SECTION ADDRESSES THE PROPOSED DECK Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the SouthoM 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 setback from the proposed deck to the wood retaining wall (bulkhead) is 36.7 feet~ a minimum setback distance of 100 feet from the wetland line is required pursuant to Chapter 275-3. Findings~ purpose; iurisdiction~ setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practicable. Figure 1. Pine Neck Holdings Residence In the event that the action is approved; to further Policy 5: Protect and Improve Water quality in the Town of Southold and Policy 6 referenced above: Require the establishment of a minimum 20 foot wide vegetated buffer landward from the bulkhead. Require that the buffer is vegetated with species native to Long Island. THE FOLLOWING SECTION ADDRESSES THE PROPOSED DOCK STRUCTURE Policy 5. Protect and improve water quality and supply in the Town of Southold. The dock structure plans propose "treated lumber" for the piles with the treatment unspecified. In additiom the decking materials are unidentified within the plan. Policy 6. Protect and restore the qualiO, and fimction off'the Town qf SoWhoM eco.systems including Significant Coastol Fish and Wildlifi, Habitats and wetlands'. 6. l Protect and restore ecological qualiO, ,hroughout the Town of Southold. 6. 2 Protect vulnerable fish, wildl~fb, and plant species, and rare ecological communities. 6. 3 Protect and restore tidal and.freshwaler wellandx. A. Comply with slalulol? and regulatory requirements of the Southold Town Board of Trustees laws and regulations fbr all .4ndros Paten[ and other lands' under their jurisdiction Comply with Trustee regulations and recommendations as set fi)rth irt 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, BeJbre issuing a permit jbr a dock stmwture, the Trustees shall consider whether the dock will have any of the following harmful ¢ffects: [1] Whether the dock will impair nca, igation or be located in areas' of high vessel trqffic or vessel congestion; The proposed action is located in a creek which serves as a primary navigation route to the marina to the west of the parcel. The dock structure addition will extend to an additional 42 feet into the waterway. The vessel to be located at the terminus of the dock structure is unidentified. The vessel must be identified pursuant to: § 275-11 Construction and operation standards. (b) Dock /ocations and lengths. [Amended l O-11-2OO5 by L. L. No. 17-2005] [2] Within creeks and other narrow waterways, no dock length shah exceed 1/3 the total width of the water body. Determination of the length ~'the dock must include the dimensions of the vessel. The dock length is proposed at 71 feet~ the water-body width is not indicated on the plan and therefore the proposal may not meet the 1/3 rule as referenced above. Figure 2. Showing narrow creek width and existing dock line. Figure 3. Showing narrow creek width and existing dock line. In addition as the above photos show~ the proposed dock would extend into navigable waters at a narrow section of the waterway. It is evident that the limited length of the existing docks located along this section were designed to preserve the navigability of the section. [?] Whether the dock will mtduly inte~;fere with the public use od/' waterways for swimming, boating, fishing, shell fishing, waterskiing and other water-dependant activities; [3] Whether the dock will unduly interJkre with transit by the public along the public' beaches orJbreshore; [4] Whether the dock will significantly impair the use or value of waterJhont property adjacent to or near the dock; [5] Whether the dock will cause degradation of sut)'~ce water quali.ty and natural resources: The construction materials (type of timber) are identified as treated lumber with the "treatment" unspecified. The proposed action is located within a marine wetland. Activities during dock construction can destroy vegetation either above or below the tide line by pulling them from the substrate or destroying their root system. The proposed construction practices of the dock have not been identified. It is recommended that the applicant identify the proposed construction practices. [6] Whether the dock will cause habitat fragmentation and loss q~'sign~ficant coastal fish and wilctliJ~, habitats; Whether the dock will result in the destruction ~¢' or prevent the growth of vegetated wetlands, sea grasses including eelgrass (Zostera marina) and widgeon grass (Ruppia marilima) or shellfish; The absence or occurrence of sea-~rass in the proposed construction area is uuknown~ no information has been submitted. [8] Whether the dock will unduly, restrict tidal ~low or water circulation; [9] Whether the dock will be safe when constructed; [10] Whether the dock will adversely q[fect views, viewshe& and vistas important to the community; [l l] Whether the cumulative impacts of a residential and commercial dock will change the watemvay or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate,Jbcilities are available to boat owners and/or operators for fueling, discharge (?f'waste and rubbish, electrical service and water service. Policy 9. 9.4 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Assure public access to public trust lands and navigable waters. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 1.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. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative. The applicant currently enioys access to the water body via a 30 foot existing dock. The proposed 41 extension of the dock structure will impede waters below the line of mean high water for navigation~ recreation~ and other public trust purposes of Jockey Creek. Due to environmental constraints of this location (tidal wetlands~ 2'.4" water depth of this area at Iow tide)~ the proposed action may not be suitable in the proposed location. A mooring in an area with greater water depth is a better alternative and would further the above policies. 3. Obstruction of navigable waters and underwater lands is limited: a. by extent and characteristics of the developable adjacent upland area and its ability to support in-water development for the water-dependent use. b. b. by potential adverse effects on natural resources and their uses, and c. by potential adverse effects on public safety. 4. 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. 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. 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. 5. Ensure that navigable waters and marine navigation, whether on land or sea, are not obscured or rendered ineffective through poorly placed or directed lighting. The structure extends beyond the minimum necessary to access navigable waters. Furthermore~ the proposed action is private~ noncommercial and will not support a pattern of development that enhances community character nor preserves "public" access or public recreational activities. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. C. Foster the occurrence and abundance of the Town's marine resources through: 1. protection of spawning grounds, habitats, and water quality, It is recommended that the proposed action be amended to further the above listed policies to the extent practicable. It is recommended in the event that the dock is approved and to further the above policies that the Board prevent the use of chromated copper arsenate (CCA) treated wood in the construction of the structure pursuant to § 275-11. B~I (f~ Construction and operation standards below. 09 In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA "), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Preservatives of any type, including but not limited to those listed above cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive areas. Further it is recommended that the Board require the installation of a silt boom (where feasible) pursuant to § 275-11. (2) Construction and operation standards below. 2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation ora silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. AH intertidal construction and excavation requires the installation ora silt boom that will retain all suspended sediments within the immediate project area. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me with any questions. Kieran Corcoran, Assistant Town Attorney Scott Hilary, LWRP Coordinator To,~n of Southold Ao INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FOR JUN 1 0 2008 So~th~ld Town All applicants for permits* including Town of Southold agencies [ sbo~! -:n;i;,,,,~ mis tzcAl~ /0i proposed actions that are subject to the Town ofSouthold Waterfron 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 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 hst, policies and ~xplanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its sigrdficant 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 LW'P,P 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 LW'RP policy standards and conditions, it shall not be undertaken. SCTM# A copy of the LWRP is available in the following places: (southoldtown.nortlffork.net), the Board of Trustees Offic libraries and the Town Clerk's office · DESCRIlq'ION OF srrE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): ~ TownBoard r~ PlanningBoard[--~ BltildingDept. J~ B ' stees ~ "': 1. Category of T0wn of Southold agency action (cheek appropriate response): (a) (b) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) (c) q2errmt, approval, license, certification: Nature ad,extent of action: ~ Location of act/on: Site acreage: Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: Co) Mailing address: (c) Telephone number: Area Code ) tg"ff/- 7~"~ (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 or federal agency? C. 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 A~ach additional shee~ if necessa~ Policy 2,. Protect and~resefV'C,~iStorFc-~d arch~6 ol~gical resources oi' ~ae Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town Of Sonthold. See LWRP Section !II - 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 III- Policies Pages 8 through 16 for 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 ~ 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_i Pages 22 through 32 for evaluation criteria. ~-- - 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 ~ No ~ 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. Y. es V-~ 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 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. -~]-Y~S-[Y'~ -N-6-'~i/t'-A~-pqi~-a~l/ ......................................... 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. Attach additional sheets if necessary ?oliey 12. Protect agrieaRural lands in the Town'of Sonthold. See LWRP Section III - Policies; pages 62 through 65 for evaluation criteria. ~] Yes ~ NoJ~_ Not Applicable 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 Jockey Creek tie line along average high Water S82~6'05"E 40. 1 Story Frame House none Lot 8 Lot 7 Lot 6 .3¸ 84'15', Pine Neck Road 899':t: EXISTING PLOT PLAN INffOP~MATION FOR ?LOT VLAN TAKEN FROM 5UP. VEY BY JOHN EHLERD LAND 5URVEYOP~ DATED' APRIL I, 2005 S H 0 R ELI N E PROPOSED FLOATING DOCK z -~ o AND CATWALK U O -1.7 o -z.~ -3.4 AT 1475 PINE NECK ROAD J o c K E v c R E ~ K SOUTHOLD, NY -2.9 -3.2 -z.~ -~'~-z.~ S.C.T.M. ~ 1000-70 - 5 - 40 -2. 7 -2. ~ ~VISIONS DATE; ~2.6 ~2, 5 ~2.6 GLO'' W[DTM x 20u0'' L~N~TM -2.4 ~ASONA~ ~o~.~ DOC~ AS PEA NY5 5-2 I ~2.4 ~2.4 g" a,A. WOOC DEC FlU NOD ~ ~ 2, ~ ~2.2 ~2.2 -2.3 .1 ~2.0 ~2.1 ~ 2.0 ~.6 ~.5 PROPOSED 4'-0" WIDTH U ~ Rxed T~mber Dock -0.2 TO Be R~MOVED % ~ ~ ~ no Ramp ~ Float a~ ~0.4 ~lm¢ IG.I' Timber OUSe 1 Story _~,,,Frn~ e NOW OR ~RMERLY 5C0~ ~ JENNIFER 5CHULMAN ,,OUse 5CTMff I ~0-70-5-4 I NOW OR FORMERLY VINCENT * PET~ BENIC N.Y.S. DEC APPLICATION 5CTM¢ ]000-70-~-3~ LOCATION M~ 1-4738-03825/00001 PROPOSED DOCK & DECK PLAN PECONIC PERMIT ~CA~,,":w * EXPEDITING ~u~*~o~o~o~*,~ 7'-0" P~ONE: ~3 I ,734.¢3G I 20'-0" 5'-0" ~'-0" ~Lo'r ~'-0" ~uO" ~'-0" ILO'' INPRINGEMENTS WILL BE PROSECUTED DATE: 4-29-0~ HIGH WATER DR. BY: R W L WATe~ U~ SCALE: AS NOTED CHKD: LOW WATER 0806