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Home My WebLink About1000-70.-6-24 OFFICE 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 To: From: Jim King, President Town of Southold Board of Trustee~, Mark Terry, Principal Planner LWRP Coordinator Date: October 15, 2009 Re: Proposed Permit to Wetland Permit JOHN & EMILY BREESE SCTM#1000-70-6-24 Patricia C. Moore, Esq. on behalf of JOHN & EMILY BREESE requests a Wetland Permit to relocate the existing 8'X 24' floating dock and piles; maintain a 2.5' deep water depth; and .replace existing ramp with a 30"X 28' ramp. Located: 3689 Pine Neck Rd., Southold. SCTM#70-6-24 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 denoted following Policy · Standards and therefore is INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. 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. The proposed dock does not conform to Chapter 275 regulations, more specifically: Regulations for the placement and configuration of docking facilities. [1] Residential docks. [Amended 10-11-2005 by L.L. No. 17-2005] [bi If any part of a residential dock structure includes a float or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings: Iii It is no larger than six feet wide and 20 feet long except on Fishers/s/and if the need is demonstrated; or of equal square footage as determined by the Tr(/stees; [Amended 12-18-2007 by/.L. No. 23-2007] The proposed float i~s 8' x 24' and does not conform to the above section. Additionally, aerial photos indicate that the proposed extension would project sea-ward of the existing dock line and therefore would not conform to the below cited section (Figures 1 and 2), Ici In determining the permitted length of a proposed residential dock, the Trustees shall seek to maintain lengths consistent with the other docks (i.e., pier fine) in the waterway which meet tt~e requirements of this chapter, Figure 1. Aerial view site showing existing dock (black arrow). Figure 2. Aerial view of dock line with proposed sea-ward projection shown. 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 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront 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 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 action will affect the achievement of the LWRP policy standards and conditions the consistency review law. Thus, each answer must be explfiined in detail, and non- suooortin~ facts. If an action cannot be certified policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at ~ website (southoldtown.northfork.net), the Board of Trustee local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE ~.:i -' ; ~ i PROJECT NAME ',,..J o h r~ 4 ~ SeuthO!d The Application has been submitted to (check appropriate response): Southold ' s Town Board 1. [] Planning Board Building Dept. ~-~ Board of Trustees ~ I ' "' Category of Town of Southold agency action (check appropriate responsegc, (a) Co) Action undertaken directly by Town agency (e.g. capital[ :~'- construction, planning activity, agency regulation, land Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent 9f action: / / Location 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: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code ( ) o,Q&/~ -- 7/9' ~ (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 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 space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section II/-Policies; Page 2 for eValuation criteria. Yes [] No ~-~ 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 ?3 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 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 [~NotApplicable 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. · XYes No Not Applicable 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. ~ 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. ~] Ye~ No ~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES P61icy 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. [] Yes [] No ~-~ Not Applicable 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 [] Not Applicable '' I' · / 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 /v P~PA~DBY Plan View Prepared for: John 8reese Surveyed: June 2, 2009 SCT# 1000-70-6-24 Town: Southold Suffolk County, NY Datum: Low Water I 1" = 30' I ,p.. pox .-" 200q .v~t:land ~undoru IR. Fox" June, 2.OO,q [i _, SE? 17 c,,,u9 N . ection 1" = 20' / I Exlsl;Inq Dock Replace Existing I blkd. 4'x40'-~ 6'xq.6' Ramp with new Relocate Existing ! 30" X 28' Ramp Float (8'x24~ & Piles Maintain S E A 2.5' deep I h~ L E V E L ' ~ ~¢¢/~+ ~/'~'".~' ~ ....... - - MAPPING I~ P.O. Box Cf 366 ~ ~ Aquebogue Y,let:lond e×lst:. New York 11931 ~-.. Fox btf. m. June 'Oq ROBERT H. FOX NYS PLS# 5O197