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HomeMy WebLinkAbout1000-123.-3-19OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 l Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: October 6, 2008 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for KIMBERLY MUELLER SCTM# 123 -3 - 19 En-Consultants, Inc. on behalf of KIMBERLY MUELLER requests a Wetland Permit to construct a 4'X 30' fiberglass grid catwalk (2' above grade of marsh) with "L"-shaped 4'X 8' stairs at the seaward end. Located: 1445 Bungalow Lane, Mattituck. SCTM# 123-3-19 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 us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The proposed dock is in a Critical Environmental Area nominated by the Town of Southold as worthy of protection~ (see Critical Environmental Areas ~ 275-2 Definitions below). Any proposed action in a Critical Environmental Area may be subiect to more stringent requirements such as denial of certain operationsn and shortening or reducing the size of the structure pursuant to § 275-11 Construction and operation standards. 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. § 275-2 Definitions; word usage. CRITICAL ENVIRONMENTAL AREAS -- All sites previously nominated by the Town of Southold and designated by the New York Sate Department of state as Critical Environmental Areas worthy of protection including: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek § 275-11 Construction and operation standards. (7) Critical environmental areas. At the discretion of the Board of Trustees, any operations proposed in critical environmental areas (§ 275-2) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of structures, and increasing the width of nondisturbance buffers'. The proposed dock/float location is at a low water depth of 2 feet indicated on the site plan provided by the applicant. The use of a vessel associated with the proposed dock could have adverse impacts to the public trust bottomland from sitting of float~ vessel and/or prop dredging from the vessel. Pursuant to 1~ 275-11 Construction and operation standards no part of the floating dock will contact the bottomland during a normal Iow tide. The potential impacts to the public trust bottomland from a vessel associated with the proposed action should be considered. § 275-11 Construction and operation standards. ~2~ Docks. Regulations for the placement and configuration of docking facilities. [1] Residential docks. [Amended lO-11-2005 by L. L. No. 17-2005J lb] If any part of a residential dock structure includes afloat or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings: [ii] No part of the floating dock will contact the bottomland during a normal Iow tide. Policy 9-Provide for public access to, and recreational use of, coastal waters, public.lands, and public resources of the Town of Southold. The proposed action is private~ noncommercial and will not support a pattern of development that enhances communit~ character nor preserves "Public" access or public recreational activities Policy Standard-9.4 Assure public access to public trust lands and navigable waters. A. Provide free and substantially unobstructed passage along public trust shorelands. E. Provide access to, and reasonable recreational use of navigable waters' and public trust lands under water. 2. Permit limited obstruction of public use, including navigation, in navigable waters': 3. Obstruction of navigable waters' and underwater lands is limited: b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (ii) the range of tidal water level fluctuation, The proposed dock/float location is at a Iow water depth of 2 feet indicated on the site plan provided by the applicant. The use of a vessel associated with the proposed dock could have adverse impacts to the public trust bottomland from sitting of floah vessel and/or prop dredging from the vessel. The applicant must demonstrate that the following dock standards pursuant to § 275-11 Construction and operation standards have been met. § 275-11 Construction and operation standards. 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 constructe& [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. If the action is approved, the following best management practices (BMP's) are recommended: 1. Minimize the length of the docking structure to the greatest extent practicable. 2. Design standards allowing for the public to access trust lands and water. If the agency~ Board of Trustees makes a contrary determination of consisteucy~ the agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. 1~ In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP policy standards. Pursuant to Chapter 268, the Board of Trnstees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. OFFICE 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 From: Date: Re: Jim King, President Town of Southold Board of Trustees M~k Te~, L~ Coordinator Scott A. Hil~, L~ Coordinator Chapter 268, WATE~RONT CONSISTENCY ~VIEW Wetl~d Pe~t for ~MBE~Y SCTM~ 123-3-19 En-Consultants, Inc. on behalf of KIMBERLY MUELLER requests a Wetland Permit to construct a 4'X 30' fiberglass grid catwalk (2' above grade of marsh) with "L"-shaped 4'X 8' stairs at the seaward end. Located: 1445 Bungalow Lane, Mattituck. SCTM#123-3-19 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 us, it is our recommendation that the proposed action is with LV~RP policy standards and therefore is with the LVOtP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. A ]1 applicants for perm its* including T0w n 0f S0uthold agencies, shall c0m plete this C C A F f0r proposed actions that are subject to the Town of S0uth01d W aterfr0nt C0nsistency Review Law. This assessmentisintended to supplement0therinf0rmati0n used byaT0wn0fS0uth01dagency in m a k i n g a d e t e r m in a ti0 n 0 f c 0 n s is t e n c y. *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). 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. Thus~ each answer must be explained in detail~ listing both supporting and non- suooortim, facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 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. - · DESCRIPTION OF SITE AND PROPOSED ACTION 123 3 19 PROJECT NAME KIMBERLY MUELLER The Application has been submitted to (check appropriate response): ~ TownBoard ~] PlanningBoard~] Building Dept. ~] BoardofTrustees[~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital i~1 construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) I'~ (c) Permit, approval, license, certification: [~ Nature and extent of action: CONSTRUCT A 4' X 30' FIXED TIMBER CATWALK (2' ABOVE GRADE OF MARSH) WITH 4' X 8' "L"-SHAPED STAIRS AT SEAWARD END, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY SEA LEVEL MAPPING, LAST DATED MAY 19, 2006. Location of action: 1445 BUNGALOW LANE, MATTITUCK Site acreage:. 0.784 ACRES Present land use: RESIDENTIAL, SINGLE-FAMILY DWELLING Present zoning classification: R-40 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: KIMBERLY MUELLER (b) Mailing address: 1445 BUNGALOW LANE MATTITUCK, NY 11952 (c) Telephone number: Area Code 631-298-1385 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~] No [5~] If yes, which state or federal agency?. C. Evaluate the project to the following policies by analyzing how the project will further 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. ~]Yes ~] No [5~ 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 [5~ Not Applicable 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 ~ Yes ~-] No [~ Not Applicable THE PROJECT WILL BE CONSISTENT WITH POLICY AS THE PROPOSED CATWALK WILL BE LOWLY ELEVATED TO CREATE MINIMUM INTRUSION INTO THE WATERWAY. 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 THE PROJECT WILL BE CONSISTENT WITH POLICY 5 AS IT WILL BE CONSTRUCTED WITH MINIMAL STRUCTURAL INTRUSION INTO THE WATERWAY AND WlLL BE CONSTRUCTED WITH UNTREATED, FIBERGLASS-REINFORCED DECKING, THUS MINIMIZING POTENTIAL IMPACTS ASSOCIATED WITH CCA-TREATED TIMBER. 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 Seetlon III - Policies; Pages 22 through 32 for evaluation criteria. Yes ~ No [~ Not Ap01icable THE PROJECT WILL BE CONSISTENT WITH POLICY 5 AS IT WILL BE CONSTRUCTED WITH MINIMAL STRUCTURAL INTRUSION INTO THE WATERWAY AND WILL BE CONSTRUCTED WITH UNTREATED, FIBERGLASS-REINFORCED DECKING, THUS MINIMIZING POTENTIAL IMPACTS ASSOCIATED WITH CCA-TREATED TIMBER. THE DOCK WILL ALSO BE SITUATED 1N AN AREA ALREADY DEVELOPED WITH OTHER DOCK STRUCTURES. THE PROPOSED CATWALK HAS RECEIVED APPROVAL PURSUANT TO THE NEW YORK STATE TIDAL WETLANDS ACT AND REPRESENTS ONLY A MODIFICATION TO A DESIGN PREVIOUSLY APPROVED PURSUANT TO THE TOWN WETLANDS LAW AND WILL THUS MEET THE STATUTORY AND REGULATORY REQUIREMENTS OF THE NYSDEC & TOWN TRUSTEES. 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. V1 Yes V1 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 THE PROPOSED CATWALK W1LL NEITHER IMPEDE OR AFFECT ACCESS TO OR RECREATIONAL USE OF COASTAL WATERS, PUBLIC LANDS, OR PUBLIC RESOURCES OF THE TOWN OF SOUTHOLD AND WlLL THUS BE CONSISTENT WITH POLICY 9. 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 IH - Policies; Pages 47 through 56 for evaluation crl'teria. ~] Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estaary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~] Yes ~] No [5~ 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 ~ No [~ 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 PREPARED BY ROBER~ERRMANN TITLEcoASTAL MGMT SPECIALIST DATE 9/8/08 Amended on 8/1/05 Plan View -/.6 Applicant: Klm Muellar Proposed: Dock Purpose: Private Mooring Surveyed: 05-17-06 Mapped: 5-19-06 SCT# 1000-123-3-19 Town: Southold '/-6 C, r ~ o k,,,' · ,o 'Q 7 3ection 1" = 10' ~' Proposed Dock Fiberglass Gdd 2' above grade Sc7'~ / 4' x 30' with '~/.~ ~..~.~°-°°-/~ grid panel steps ~/o~ / Proposed Dock (4' x 303 Fiberglass grid 2' above grade All material from approved list grid panel steps 2' x 4' (1' drop) ............. HH exist:. bt:~:m. ~f;Iond ' --'----~ t~undor~ ~xlsL 4,, X 4" R. Fox Io~ Mo9 'OO sill posts blVd. 8' o.c. MAPPING 631-722-3390 P.O. Box # 366 Aquebogue, NY 11931 ROBERT H. FOX NYS PLS# 50197