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Home My WebLink About1000-137.-4-10OFFICE 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 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: October 6, 2008 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for JUDIE LIZEWSKI SCTM#137-4-10.1 Proper-T Permit Services on behalf of JUDIE LIZEWSKI requests a Wetland Permit to construct a 4'X 35' fixed walkway dock with mooring pole. Located: 145 Fleetwood Rd., Cutchogue. SCTM#137-4-10.1 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 operations, 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 SouthoM and designated by the New York Sate Department of state as Critical Environmental Areas' worthy of protection including: Cutchogue Harbor ~Vetlands, 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 ~nvironmental 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 water depths ranging .3 to 1.6 feet at MLW 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 § 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 docMng facilities. [1] Residential docks. [Amended lO-11-2005 by L.L. No. 17-2005] [bJ If any part ora 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. Furthermore~ the proposed dock is in Fast Creek part of the Cutchogue Harbor and Wetlands a NYS Significant Coastal Fish and Wildlife Habitat {SCFWH), recognized by the Town as worthy in Drotectine (see Cutchoeue Harbor Wetlands SCFWH Narrative below). 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. The Town of SouthoM is rich in habitats' that support diverse and often large wildlife populations, many of which are of commercial or recreational value. The importance of these habitats has been recognized through the state designation as' Significant Coastal Fish and Wildlife Habitats in Southold. These habitats cover the full range of habitats typical on the East End of Long Island and include danes, beaches, wetlands, islands and open water. The Town of $outhold recognizes the importance of protecting and enhancing these wetlands and habitats. NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT (SCFWH) CUTCHOGUE HARBOR AND WETLANDS: Cutchogue Harbor and its adjacent wetlands are located west of Little Hog Neck, opening into Little Peconic Bay in the Town of Southold, Suffolk County (7.5' Quadrangles: Southold, NYand Southampton, NY). This approximate 490 acre habitat includes the shallow open water area of Cutchogue Harbor (205 acres) and three adjacent, distinct tidal wetland/creek areas: Wickham Creek, Haywater Cove, and Meadow Beach (Horseshoe Cove). The Wickham Creek area contains approximately 70 acres of undisturbed tidal creek and Salt Marsh located behind a Iow beach on Cutchogue Harbor. The Haywater Cove area consists of approximately 190 acres of Salt Marsh islands, mudflats, open water and tidal Creek including East Creek, Mud Creek and Broadwater Cove. All three of these tidal creeks have been disturbed to some extent by adjacent residential and recreational development. The Meadow Beach area is an approximate 25 acre area, including a 15 acre wetland preserve owned by the Nature Conservancy, bordered by undeveloped wooded shoreline. Much of the Cutchogue Harbor and Wetlands area receives moderate summer recreational use, including recreational boating in the coves and creeks. 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 communiW 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 water depths ranging .3 to 1.6 feet at MLW 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 nron dreduim, 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: [1J 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 doch 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 wethmds, 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; [l OJ Whether the d~ck wi~~ adverse~y a~ect views~ viewsheds and vistas imp~rtant t~ the c~mmunity; [11] Whether the cumulative impacts ~f a residentia~ and c~mmercial d~ck wil~ change the waterway ~r the environment and whether alternate design, construction, and location of the doch 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. The use of grid decking having greater than 50% light penetration to the substrate. ~ 2. Minimize the length of the docking structure to the greatest extent practicable. 3. Design standards allowing for the public to access trust lands and water. If the agency~ Board of Trustees makes a contrary determination of consistency~ 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. H. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency rnakes 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 V~RP policy standards. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 0CT-8-2008 09:00P FROM:PROPER-T SERVICES 631 ?34 74E3 T0:7656641 P. lx2 '-rroper-T Permit Services Box 617, Cutchogue NY 11935 Phone: 631-734-5800 jefitzge~suffolk, lib. ny.us Fax: 631-734-7463 FAX MEMO DATE: 10/8/08 TO: Jim King - Trustees FROM: Jim Filzgerald S~CT: Judic Lizewski; SCTM #1000-137-4-10.1 The application we submitted to "renew" the earlier Trustee permit shows the project as just a fixed open walkway. Yesterday, Mrs. Lizewski asked if we couldn't apply for a ramp and a float. I szJd we could. I drew up my version, which resulted in the end of the structure being 30' from Se remains of thc bulkhead. Today I placed a stake (a little offccnter) 30' from thc remains of thc bulkhead, and you will sec it whcn you inspect on Thursday. I think it looks like it's too far into the waterway, so now we're proposing a dock just like the two that are right across the water from Lizewski, as on the attached drawing. Everything's smaller, and overall it's 10' shorter than my first try. rll formalize this, of course, but I wanted you to be awa~ while you were inspecting on Thursday. Pages attached: One 0CT-8-2~8 Og:O1P FROM:PROPER-T SERVICES 6~1 ?~4 746~ T0:7656641 P.2x2 · ~" : n,/,.~. / PROPOSED DOCK Fixed wa ~ay 4' x 18' Hinged romp 3 x 10 ~,o., ~,x ~o. 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 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: October 6, 2008 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for JUDIE LIZEWSKI SCTM#137-4-10.1 Proper-T Permit Services on behalf of JUDIE LIZEWSKI requests a Wetland Permit to construct a 4'X 35' fixed walkway dock with mooring pole. Located: 145 Fleetwood Rd., Cutchogue. SCTM#137-4-10.1 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 LWRP policy standards and therefore is with the Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. APPLICANT: JUDI~ LIZEWSKI SCTM #: 1000-137-4-10.1 LW~-~0~'SISTENCY ASSESSMENT FORM (DOCK ONLY) Policy 1 [] YES Foster a pattern of development in the Town of Southold that enhances com- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of NVelopment. 0 [] NOT APPLICABLE The construction of a small private-use dock is consistent with the character of the waterfront community, and because of the relatively small area of the proposed dock it is felt that there is no adverse impact on the desired preservation of open space. ~tmcture use is not a factor since the project is accessory to and ac- cessed from private property. The project is certainly a beneficial use of the coastal location, and the incremental increase in development in the area is insiLmificant. Policy 2 [] YEs Preserve historic resources of the Town of Southold. ~NO [] NOT APPLICABLE There is no evidence to indicate that the immediate area of the project includes his- toric features, and it is to be expected that the mainly intertidal nature of the project area is unlikely to have been the site of activities of past civilizations. Pollcy 3 [] YES Enhance visual quality and protect scenic resources throughout the Town of Southoid. ~NO [] NOT APPLICABLE The structure proposed is low profile and will be inconspicuous in the proposed location. It is compatible with other existing shoreline structures in the area, and will not adversely affect the dynamic landscape elements (tidal fluctuations, sea- sonal vegetation changes; seasonal/diurnal changes in ambient light) wkich might contribute to ephemeral visual qualities. Policy 4 [] YES Minimize loss of life, structures, and natural resources from flooding and ero- sion. ~NO [] NOT APPLICABLE It is intuitively obvious that the likelihood of the structure proposed conlribufing to increased hazards which could result in the losses listed is minimal. Natural protec- tive features will not be adversely affected Policy 5 Protect and improve water quality and supply in the Town of Southold. [] YES ~l~NO [] NOT APPLICABLE The proposed project will not include a pump-out station nor will liquid or solid wastes be discharged into the water or wetlands. Disturbance of the creek bed dur- ing construction and thereafter during active use of the structure will be minimal. Protect and restore the quality and function of t,he~Town of Southold's ecosys- Policy 6__~ tem. [] YES ~'NO [] NOT APPLICABLE / Although the shading resulting from the p~oject stmctare may adversely affect the wetl~aad~on immediately under it, efforts will be made in the construction t.o~c .~planking to permit some sunlight through. During conslxuction, the indigenous plants will be protected insofar as possible. Although Cutchogue Harbor, includ'mg East Creek, has been designated as a Sig- uificant Coastal Fish and Wildlife Habitat, the proposed project is not inconsistent with Policy 6 of the LWRP or with Policy 7 of the NYS Coastal Assessment in- formation. Dredging is not proposed. The only intrusion into the wetlands will be the construction of a short fixed walkway; no ramp and no floating dock are pm- posed. Both shores of this small, apparently man-made, inlet off East Creek in the project area are developed with private waterfi'ont residences, and at least four properties within several hundred feet of the proposed project have existing dock structures similar to that proposed. The incremental increase in shoreline development attrib- utable to the proposed project is not sign/ficant from the standpoint adverse impact upon wildlife, shellfish or finfish. The bottom in the immediate area of the project is not conducive to scallop or elam production. The area above the high water mark is not suitable for least tern or pip- lng plover nesting, and there are no osprey nesting sites in the immediate area. Diamondback terrapin have not been observed in or near the project location. The project will have no adverse effect upon existing tidal patterns and there will be no degradation of water quality. A careful review of the physical, biological and chemical parameters listed in LWRP Policy 6 and NYS Policy 7 indicates that there are no conflicts with any of the parameters listed. All statutory and regulatory requiremems, at all levels of government, will be strictly complied with. No dredging, excavating, or filling is proposed. Policy 7 [] YES Protect and improve air quality in the Town of Southold. ~NO [] NOT APPLICABLE The construction or use of the project as proposed will not result in significant amounts of new air pollution. The siting of the dock is such as to limit the usable size of the boat, and thus its engine. Policy 8 Minimize environmental degradation in the Town off Southold from solid waste and hazardous substances and wastes. [] Yrs [] pOT APPLICABLE The project as proposed will not result in the generation of any additional solid waste. The handling and storage of petroleum products will be accomplished through the use of approved containers and facilities, and approved methods of handling and storage will be followed. Policy 9 [] YES Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 10 [] Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. [] NO ~4~OT APPLICABLE This policy is not applicable to the proposed project. Policy 11 [] YES Promote sustainable use of living marine resources in Long Island Sound, the Peconic Es~ry and Town waters. [] NO ~'NOT APPLICABLE This policy is not applicable to the proposed project. Policy 12 Protect agricultural lands in the Town of Southold. [] YES [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 13 [] YES Promote appropriate use and development of energy and mineral resources. [] NO ~/NOT APPLICABLE This policy is not applicable to the proposed project. ! / / /J Southhold Town Board of Trus ;; ~LPS OF ENGINEERS DATA PURPOSE: Construct fixed open walkway for private recreational purposes. l~: East Creek COUNTY: Suffolk DATUM: MLW AT: Cutchegue STATE: New York PROJECT PLAN Application regarding the propert~ of Judie Lizewski, $CTM #1000-137-4-10.1 Ropre~med by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchegue, NY 11935 James E. Fit~erald, Jr. 631-734-5800' Aoril 30, 2002 · THE SITE OF THE PROPOSED PROJECT IS SHADED CORPS OF ENGINEERS DATA PURPOSE: Consu'uct fixed open walkway for private recreational purposes. IN: Eas~ Creek COUNTY: Suffolk DATUM: MLW AT: Cutchogue STATE: New York TAX MAP Application regarding the property of Judie Lizcwski, SCTM #1000-137-4-10.1 Represented by PROPER-T PERMIT SERVICES P.O: Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 A~ri130, 2002 " '--~ ~ OG NEC, ~ : , ',, , ~ j ~ L I T T L E P E C CO~ O~ ENG~ DAT~ ~C~TY M~ ~SE: Cmm~ ~ ~ wa~ay for A~li~fion r*g~d~g ~* ~ of private r~eation~ p~. i Judie L~ski, SC~ ~1000-137~10.1 R~r~t~ ~ DA~: ~W PROPER-T PE~T SER~CES ~: E~ Cr~k AT: Cutcho~e P.O. Box 617, Cutch~e, ~ 11935 CO~: Suffolk STA~: N~ Y~k J~ E. Fi~ge~l~ Jr. 631-734-5800 Anfi130, 2002 SURVEY OF LOTS 8 & 9 MAP OF FI,EETWOOD COVE i FIL~ #o. 1263 FILED JULY 1. 1958 SITUATED AT r~ CUTCHOGUE TOWN OF SO~THO[D SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-1~7-04-10.1 _~[ ' ' SCALE 1 "=40' ~ MARCH 13, 2001 '~ . ~RtL 19, 2001 ~D~ ~ ~ ~ ~ ~RIL 29. 2~2 ~O~ W~DS · TOP~HI~ SU~ "~'~.~' ~' AK~ = ~.,~., .q. ,. ~..~ M.. ~~'~ ~_~ ~~ ~..,'~ . x.,-~~{~I ~ ~ ' ~ ~ N ( ~~ -"" ~ d':~7 L N I I F FLEETWOOD ~--- Jose Ingegno ~-----~ LandSurveyor . ~ (~)121-~ F~ (~}127-1721