The URL can be used to link to this page

Home My WebLink About1000-123.-8-22.4OFFICE 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: January 12, 2009 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for RONALD MASSAB SCTM# 123 -8-22.4 RONALD MASSAB requests a Wetland Permit to maintain the existing catwalk, ramp and floating dock. Located: 3265 Park Ave., Mattituck. SCTM# 123-8-22.4 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 LWRF policy standards and therefore is INCONSISTENT with the LWRP. 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 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. Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees pursuant to § 275-11. § 275-11 Construction and operation standards. Docks. [10] Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind wlthout full review and approval by the Trustees. The exiting docking facility is comprised of three 6 X 20 foot sections of floating dock. Pursuant to § 275-11 if any part of a residential dock structure includes a float, the float shall be designed so that, it is no larger than six feet wide and 20 feet long. Furthermore. during, a site inspection of the subiect docking facility~ it was observed that a portion of the floating dock was sitting on the bottomland. No part of the floating dock will contact the bottomland during a normal Iow tide pursuant to § 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 MI or M2 may be given grealer flexibility in these requirements given the water-dependent nature of their use. (2) Docks. (c) Regulations for the placement and configuration of docking fucilities. Residential docks. If any part of a residential dock structure includes afloat or fioating dock the float or floating dock portion shall be designed so that, with the exception of the pilings: It is no larger than six feet wide and 20feet long except on Fishers Island if the need is demonstrated; or of equal square footage as determined by the Trustees; [ii] No part of the floating dock will contact the bottomland during a normal low tide. The applicant has not demonstrated that the following dock standards have been met pursuant to § 275-11 Construction and operation standards have been met. § 275-11 (2) Docks. 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. The pre-existing/non-conforming docking structure currently does not allow for a public a passing way on the upland to enable persons to pass and repass around said dock or by steps or ramp pursuant to § 275-11 Construction and operation standards. § 275-11 (2) Docks. [9] All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way, on the upland, not less than five feet in width, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. The application is deficient in information (design, materials, water depth) to adequately assess the function and/or use of the dock structure pursuant to § 275-6 Application. § 275-6 Application. A. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the Clerk. Such application shall contain the following information: [Amended 10-11- 2005 by L.L. No. 17-2005] (8) Such application shall be accompanied by a survey and topographical map, created no more than one year prior to the date of application, with contours at two-foot intervals, showing ail wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. [Amended 10-11-2005 by L.L. No. 17-2005] The preexisting/non-conforming dock is in Deep Hole Creek a Critical Environmental Area nominated by the Town of Southold as worthy of protection~ see Critical Environmental Areas § 275-2 Definitions below. Actions proposed in a Critical Environmental Area may be subiect to more stringent requirements pursuant to § 275-11 Construction and operation standards. § 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 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. In the event that a docking facility is approved in this location, the following BMP's (design standards) are recommended: 1) 2) 3) Use grid decking having greater than 50% light penetration (irradiance) to the substrate. Low profile catwalk 2 feet above MHW and grade over vegetated wetlands. The dock structure at its terminus must achieve a minimum of 2.5 feet at MLW. 4) S) 6) Prohibit the use of building materials containing CCA, creosote, penta or homemade wood preservative products. Design standards allowing for the pass and re-pass by the public for accessing trust lands, public waters and the foreshore. Minimize the size of the docking structure to the greatest extent practicable: a. to provide for reasonable access to the water body. b. to minimize the loss of navigable waters and use of underwater lands. c. to minimize the fragmentation, impairment and physical loss of wetland habitat. 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 LI'I/RP, 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 I~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. k.._"-" 'x ! LWRP CONSI,%'IENCY ASSESSM~I~5'~ L~f.~ '~' A. INSTRUCTIDNS ~ o ~t~ I. ~p?ants 4e~its incld& of S;ff~l~ }gencies, sh~ t~]CCAF for D p o~..ea act~o~t ~e subject to, he T~;~of~a~ont Consistency Revie;, Law. This ~ssessn~ ~ h~tenkd to supple~ a~ o~r'Xi~o~anon u- ~' s~ by a To~ of Southold agency in N ~0 makm~ ~e~inatibn of co~s~ency. ;~'c~ m~r exempt acttons~ng Budchng f emmts' ~ nm,sternal er t(5;~,l~ted w,thm the ~o~'tc, l Ero~n ~ ~.-': ~efore ans~e questions ir Section C, the preparerxof this>d~Zr~w exempt ; ~~X. listt~licies ~d explanations of each policy c~& t~e W~ of Southold Local ~ x ~.ron~evitalization Program. A proposed action will be evaluated as to-itZ'Mgnific~t '~ ~b~efi~al ~d adverse eff~ts upor[~ coastal ~ea (whch ~cludes all of Sou~old To~). 3. If ~y question in ~ C on t:fi~ fo~ i~ ~swered "yes" or "no,J; ~e~ ~e ~ro~osed action will affect fl~~t~he L¢;RP p~s~ds ~d cond~i~ns conmine~ i~ ~e consiste[cYx (.~ review laST Thus, each ans~.~ust ~.~ed ~ ~et~, lis~g both supponin~ and nor- Sk &'~ supporfink facts. If ~ actio~ ~:~,>~ ~ifi~ ~onsi~nt ~ the L~ po~y ~ ~0 condi~,ns, it~all~tbeflnde~ke~ _ C~' ~ A copy of the L~ is availab[e~the follo~ng ~ces' o~ine at ~dof~ld's website (southol~o~e~ik~ ~e O. the Bo~d of Trustees ~ffi~ t~e Pl~ep~ment. all local :.ibraries a~d~,~ ~],:'s office [ ~, ~ B. DESCmP~ION OF SITE AND PROI"OSED ACTIO~ ~ ~ · (c c pprop iat respo e). Town.oa.d ~ Plann~gBoard~B,,~d~g.ep.-~/Boa~ofT.ste~ ( ) Action =~¢n&en~ir~ly b~To ~, agency (e.g. capi~l k .- cons':mctio~, pl~n~vi~, al: ency re~lation, l~d ~msactibn) (b) F~mlcial ~e.g. ~t, Icm~, subsidy) WI .~-- Site acreage:. ~ Present land use: jQ.(~"d~'/3~l:''-~/f'~'ttq"5 0 Present zoning classification: /~' If an application for the proposed action has been filed with the '['own of Southold agency, the following information :;hall be provided: (a) Name of applicant: f~0 (Y-4, I 6/ ~COr~¢ ~ $ ~ ~ (b) Mailingaddress: ffO~o'~ ~ ~/fl~ ~ / / * ~ (c) Telephone number: Area Code ( ) ~/ 6'- 3~0 -- ff~/~7 (d) Applicaticn number, if any: Will the action be directly undertaken, reqrire funding, or approval by a state or federal agency? Yes [] No[-'] Ifyes, 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 ali 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 spa ce, 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 [~Not Applicable Attach additional sheets i f 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 I~Not Applicable Attach additional sheet:~ if necessary Policy 3. Enhance visual quality, and prole~t scenic resources throughout the Town of Southold. See LWRP Section III -. Policies Pages 6 througl:~ ;' for evaluation criteria [] Yes [] No ~Not Applicable Attach additional sheet:~ 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 e~ aluation criteria ~ Yes ~ No 1~ Not Applicable Attach additional sheets i f necessary Policy 5. Protect and improve water quali~, ~md supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluatio~t criteria ~] Yes [--] Nc, ~Not Applicable Attach additional sheets i:? necessary Policy 6. Protect and restore the quality :,n.:l function of the Town of Southold ecosystems includfllng Significant Coastal iFish and Wildlife Habit:,ts and wetlands. Sec LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes Attach additional sheet~ if necessary Policy 7. Protect ,'md improve air quality in the Town of Southold. See LWRP Section Ill - Policies Pages 32 through 34 for evaluation criteria. [] Yes [] No I Not Applicable Attach additional sheet:; if necessary Policy 8. Minimize environmental degradation in Town of Southoid from solid waste and hazardous substances and w~s~tes. See LWRPSeetion III-Policies; Pages 34 through38 for evaluation criteria. Yes [~ 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 Ai~ach 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. L,ee LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [-~ No ~ Not Applicable Attach additional sheets i f necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconie Estuary and Towrt waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~ No ~-~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in th~ Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [-~ Yes ~ No I~] 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 fi~r evaluation criteria. ~ Yes [] No [_~ Not Applicable LOT NUIdBER$ REFER TO "MAP OF MARRATOOKA POINT" FILED MAR 9,1927 IN THE OFFICE OF THE SUFFOLK COUNTY CLERK AD MAP NO 331 SURVEY OF PROPERTY AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. I000 ~23 08 - ~ jZ~N 8, 1987 March X, 1991(update) S, LIC. NO. 49618 ~e~ ~ ~'ErORS, P.C. P. 0. BOX 909 MAIN ROAD N.Y. 11971 CERTIFIED TO; FIRST AMERICAN TITLE ,INSURANCE COMPANY OF NEW YORK TITLE NO. ~00 - S - 788S EA~LE ABSTACT COR~, CITIBANK N.A., its ~aaao~e & or PHIL1P MOTTOLA Figure #1 Ronald Massab Doek-123-8-22.4 (Deep Hole Creek) Live:Search Figure #1 Ronald Massab Dock-123-8-22.4 (Deep Hole Creek)