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HomeMy WebLinkAbout1000-115.-12-21.1 & 21.2 OP'VICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. 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 MEMORANDUM To: From: Jim King, President Town of Southold Board of Trustees Mark Temj, Principal Planner ',~b,~ LWRP Coordinator '~- Date: December 14, 2009 .Re: Proposed Wetland Permit for CHARLES & CAROLYN LoCASTRO SCTM#115-12-21.1 &21.2 En-Consultants, Inc. on behalf of CHARLES & CAROLYN LoCASTRO requests a Wetland Permit to construct a fixed timber dock consisting of a 4'X 12' inclined ramp, 4'X 88' elevated catwalk, 3'X 14' hinged ramp, and a 6'X 20' float secured by (2) 8" dia. pilings. Remove existing stoop and concrete walls from existing dwelling; construct roofed-over attached deck with step-down; construct 4'X 8' stoop and step in place of existing stoop; install new cellar door; install a drainage system of drywells; replace existing dirt driveway with pervious gravel driveway and parking area; Located: 1475 & 1500 Deep Hole Dr., Mattituck. SCTM#115-12-21.1&21.2 The proposed action to clear up to 50' from tidal wetlands boundary; selectively remove individually marked trees located within 50' of the wetlands boundary; and establish a 15' wide non-disturbance buffer adjacent to the tidal wetlands boundary 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 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. Maintain buffers to ensure tha' adverse effects of adjacent or nearby development are avoided: 1. Maintain buffers to achieve a high filtration efficiency of surface runoff. 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. The applicant proposed to clear up to 50 feet from wetland boundary and remove 16 mature trees on the property within the Boards jurisdiction. A 15 foot non-disturbance buffer is proposed. The terms of maintenance have not been defined. It is recommended that the establishment and terms of the buffer be memorialized in a covenant and restriction filed with the Suffolk County. Clerk. An example definition of a similar type of buffer follows: NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted ' vegetation shall be (ninety) 90 percent for a period of three (3) years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property; trimminq tree limbs up to a height of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four toot (4') wide access path or stairs constructed of pervious material for access to the water-body~ The proposed action to construct a fixed timber dock consisting of a 4'X 12' inclined ramp, 4'X 88' elevated catwalk, 3'X 14' hinged ramp, and a 6'X 20' float secured by (2) 8" dia pilings is also recommended as INCONSISTENT with the LWRP and below policies: Figure 1. Subject lot in relation to dolphin piles across the creek. 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 recommendati,~ns as set forth in Trustee permit conditions The applicant has not sufficiently demonstrated that the proposed action meets the following § 275-11 Construction and operation standards. 2. C. 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; The landform in the area forces the dock structure into the navi.qable channel, seaward of the existing dock line. Further the width (or representative width) of the vessel moored has not been identified and therefore, the assessment of how far the dock structure projects into the channel is unclear. Note, that to the west of the dock structure across the channel another dock structure with two pilinqs exists. This dock must be assessed in relation to the proposed action. [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterSkiing and other water-dependant activities; [5] Whether the dock will cause degradation of surface water quality and natural resources; The construction method has not been identified. §275-11 · Construction and operation standards requires that all intertidal construction and excavation employ the installation of a silt boom that will retain all suspended sediments within the imr0ediate project area. [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; Deep Hole Creek contains one of the hiqhest dens t es of residential docks in Town Waters. ThP. cumulative ~mpacts of the proposed action has not been addressed. E12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. Limit grants, leases, easements, permits or lesser interes~ in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold A. INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM Allapplicantsf0rpermits* including T0wn0fSoutb01dagencies, shallc0mpletethisCCAF for proposed actions that are subject to the Town 0fS0uth01d Waterfr0ntC0nsistency Review Law. This assessmentisintended to supplement0therinf0rmati0n used by aT0wn 0fS0uth01d agency in m a k in g a d ete r m in a ti0 o 0 f c 0 n sis t e n c y. *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 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- suooortin,r,' facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. Be SCTM# 115 12 _ 12.1 & 12.2 PROJECT NAME CHA~.LES & CAROLYN LoCASTRO The Application has been submitted to (check appropriate response): 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 ~rtment~ all local libraries and the Town Clerk's office. · ' DESCRIPTION OF SITE AND PROPOSED ACTION ' ~ TownBoard ~] PlanningBoard[---I Building Dept. [~] Board of Trustees [~ Category of Town of Southold agency action (check appropriate response): (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: [~ Nature and extent of action: Construct a fixed t~mber dock, consisting ofa 4 x 12 ~nchned ramp, 4 x I~8 fixed elevated catwalk, 3 x 14 htffge .~'amp, and 6 x 20 float secured by (2) 8"-diameter pthngs, all as depicted on the project plan~vepa~3 by En-Consultants., Irlc., dat(d' November 10, 2009. Remove existing stoop and concrete walls from existing dwelling; construct roofed-over attached deck with step-down; construct 4' x 8' stoop and step in place of existing stoop; install new cellar door; install a drainage system of drywells; replace existing dirt driveway with pervious gravel driveway and parking area; clear up to 50 feet from tidal wetlands boundary; selectively remove individually marked trees located within 50 feet of the wetlands boundary; and establish a 15'-wide nondisturbance buffer adjacent to the tidal wetlands boundary, all as depicted on the site plan prepared by Nathan Taft Corwin nl, L.S., last dated April 13, 2009. Location of action: 1475 & 1500 DEEP HOLE DRIVE, MATTITUCK Site acreage: 1.169 Present land use: RESIDENTIAL 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: CHARLES & CAROLYN LoCASTRO (b) Mailing address: 145 EAST DRIVE NORTH MASSAPEQUA, NY 11758 (c) Telephone number: Area Code516-753-0383 (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. 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 Sonthold 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 ~ 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 [--1 No [--1 Not Appli~ble The proposed dock would be located in an area of Deep Hole Creek characterized by numerous, similarly configured docks. By using open-grate decking, however, the dock can be more lowly elevated; and it would be situated on the proper~y where the marsh is narrowest and navigable water depths are reached most quickly so that the dock can be designed to be as short as possible. Therefore, the project will be consistent with Policy 3~ 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 Ill - Policies Pages 8 through 16 for evaluation criteria 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 proposed dock is to be constructed with all non-treated decking, including open-grate (with 60% open space) decking over the vegetated marsh. Associated with the minor renovations to the existing dwelling is a proposed drainage system of drywells and a 15' wide, approximately 3,080 s.f. nondisturbance buffer. By therefore minimizing use of treated materials on the dock structure; improving the drainage capacity of the site with respect to roof runoff; and ensuring the long-term buffering ability of the land adjacent to the wetlands with respect to sheet flow runoff, the project will be consistent with policy 5. 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; Pages 22 through 32 for evaluation criteria. Yes ~ No [~ Not Applicable The proposed dock would be located in the area of the property where, consistent with "Best Management Practices," the structure will traverse the least amount of vegetated marsh. The dock is proposed to be constructed with untreated decking, including open-grate decking with 60% open space over the vegetated marsh, and the supportive framework of the catwalk is minimized via use of 4" x 4" support posts over the vegetated mamh. As evidenced by the attached aerial photograph, the adjacent and opposite shorelines of Deep Hole Creek are characterized by more than a dozen similarly configured private docks. Neither the proposed dock nor the minor renovations proposed to the existing dwelling (which will be accompanied by the introduction of a drainage system of drywells to the property and the establishment ofa 15' wide, approximately 3,080 s.fi nondisturbance buffer as mitigation for an approximately 380 square foot increase in lot coverage) will have a significant adverse impact on the adjacent tidal wetlands or waters of the Town. Therefore, the project will not result in the "fragmentation &ecological communities" or the physical loss, degradation, or functional loss of ecological components and will be consistent with Policy 6. 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. 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 [~ N o~] Not Applicable The proposed dock will not impede navigation or otherwise impact public access to or recreational use of Deep Hole Creek. Attach additional sheets if necessary WORKING COAST POLICIES Po. licy 10. Pro. tect 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 criteria. [~ Yes [--] No ~] Not Applicable For reasons described above, the proposed dock would not alter nor adversely impair the surround community character, water use, or scenic quality of the surrounding environs of Deep Hole Creek. 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. [--] 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. [--I Yes [~] No [~ Not Applicable PREPARED BY ROBERT~R~ANN TITLEcoASTAL MGMT SPECIALIST DATE 11/17/09 Amended on 8/1/05 DEEP HOLE DRIVE 1" = 60' 0 T~EE TO : 4' x 88 x 14' 6' x 20' FLOAT DEEP HOLE CREEK ix. ~ (Tm.) W~ ~ ( r~ ~ ~W) ~ rrm f~ r~ fr~ ~ ~ N ~ f, ~ IlL - L.5.~ ~f~ ~ ~ ~f~ ~1~115-12-21.1 $ 21,2 PR~P POCK C~ LOC~O ON P~P H~ C~K, ~ffl~K, ~P~K CO,, NY ~1 ~1 II/10/~ SURVEY OF PROPERTY SITUA T£ MATTITUCN TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-115-12-21.1 S.C. TAX No. 1000-115-12-21.2 SCALE 1"=30' APRIL 13, 2009 AREA DATA S.C. TAX No. 18,166 sq. fl. 1000-115-12-21,1 0.417 S.C. TAX No. 32,775 sq, ff. 1000-115-12-21.2 0,752 TOTAL (TO TiE LINE) 50,941 sq, fU 1.169 1. ELEVATIONS ARE REFERENCED TO LOW WATER DATUM EXfSTING ELEVATIONS ARE SHOWN THUS:-5~ EXISTING CONTOUR LINES ARE SHOWN THUS: ...... 5 ..... ~ INDICATES INDIVIDUAL TREES TO BE REMOVED. 3. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103C0482 G ZONE AE: SASE FLOOD ELEVATIONS DETERMINED ZONE ×*: AREAS OF 500-YEAR FLOOD, AREAS OF IO0-YEAR FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 100 YEAR FLOOD 4, UPLAND AREA = 38,994 sq. fi, 5, TOTAL LOT COVERAGE OVER UPLAND LOT AREA - 1,28A sq. fl, OR S.SY. OF UPLAND AREA (INCLUDING EXIST. HOUSE. PROPOSED DECK, STOOP &: STEPS) \\ \\ \\ \\ \ \ \ \ \ \ \ \'% \ x -%, DRAINAGE SYSTEM CALCULATIONS: 208 cu, fl, / 42,2 = 5 verficel ff. of 8' diD, leoching pool required PROVIDE (2) 8' dio. X 3' Nigh STORM DRAIN POOLS PROPOSED 8' DIA. X 3' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS: %?** '~,- ~o¢~¢~¢¢~' CERTIFIED TO.. CHARLES LoCASTRO CAROLYN LoCASTRO THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED No, 50467 Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 Fox (531)727-1727 a9-O66Z'