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Home My WebLink About1000-139.-1-18 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: Jim King, President Town of Southold Board of Trustees From: MarkTerry, Principal Planner ~ LWRP Coordinator Date: August 13, 2009 Re: Proposed Wetland Permit for EDNA MCNULTY SCTM#1000-139-1-18 EDNA MCNULTY requests a Wetland Permit to construct a fixed timber dock consisting of a 4'X 90' fixed timber catwalk (elevated 4' above grade of marsh), a 3'X 20' hinged ramp, and a 6'X 20' floating dock supported by (2) 8" dia. pilings. Located: 875 Westview Dr., Mattituck. SCTM#139-1-18 Pursuant to § 268-5. Review of actions, the LWRP Coastal Consistency Review prepared for the proposed action on March 12, 2007 is still in effect. Cc: Lori Hulse, Assistant Town Attorney OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 ?$5-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROG~ MEMORANDUM To: James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Date: March 12, 2007 Re: MCNULTY C/O JOHN MCNULTY SCTM# 139-1-18 EDNA MCNULTY fixed timber dock marsh); a 3'X 20' hinged Westview Dr. , POA requests a Wetland perrmt to construct a of a 4'X 90' fixed timber catwalk (elevated 4' above grade of and a 6'X 20' float supported by (2) 8" dia. pilings. Located: 875 18 The Chapter 268, Waterfront Consistency Review of the Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based a 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 CONSISTENT with the below Policy Standards and therefore is CONSISTENT with the LWRP; provided that the proposed action meets sub-policies 6.3~ 9.4 and 10.5 Co) outlined below. 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate that the following dock standards pursuant to § 275-11. Construction and operation standards have been met. (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; [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 constructed; [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. It is recommended that the Board evaluate whether the proposed dock will "extend beyond the minimum necessary for access to navigable waters" to meet sub-policy 9.4 below. 9.4 Assure public access to public trust lands and navigable waters. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation~ recreation~ and other public trust purposes, including the incidental rights of public anchoring. Structures extending beyond the minimum necessary for access to navigable waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in the following circumstances: when necessary for practical and convenient operation of water- dependent industry or commerce, and provided that obstruction of commercial navigation does not result. for commercial recreational boating facilities provided that: (i) the loss of navigable waters and use of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does not remit. when the principal purpose of the structure is necessary: (i) to provide public access for recreational uses (ii) for improvements for navigation (iii) for protection from coastal hazards, or (iv) for essential public transportation and transmission facilities. The LWRP recognizes that Mattituck Inlet and Creek is a regional Maritime Center. In addition the intent of Policy 10 is to protect existing water-dependent commercial, industrial, and recreational uses and to enhance the economic viability of water-dependent uses by ensuring adequate provision of infrastructure for water-dependent uses and their efficient operation. The term Water-dependent use means a business or other activity which can only be conducted in, on, over, or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. Existing uses should be maintained and enhanced where possible and appropriate. The recreational use of the proposed dock in Mattituck Creek ( a Maritime area) is consistent with sub-policy 10.5 (b) (below). Provide and maintain efficient infrastructure for water-dependent uses. Maintain existing infrastructure and improve or provide new infrastructure, particularly in Mattituck Inlet and Creek, Mill Creek and the Village of Greenport, for commercial and recreational vessels and water-dependent uses. The Town of Southold will work with the federal government, New York State, Suffolk County, the Village of Greenport and private owners of water-dependent uses to: 1. Maintain existing sound infrastructure for continued or potential future use by preventing loss through abandonment and neglect. 2. Demolish and remove alternative infrastructure which is likely to present hazards to harbor operations. 3. Maintain existing, and, where necessary for water-dependent uses, construct new, shoreline stabilization and engineering structures such as piers, wharves, jetties, and bulkheads. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for perm/ts* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfi'ont 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 Water~ont Revitalization Program. A proposed action will be evalnatbrl 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 sulmortim, and non- ~. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken.. 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 ~ scm# , :5c] , / _ ? : , ......... ' / a ne nppncanon nas Been submitted to (check appropriate response): ~ TownBoard [-~ Planaing Board [_--] Building Dept. ~ Board of Trustees [~ Category of Town of Southold agency action (check appropriate response): (a) Action undeaaken 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: ' i . -- ~ t d . , . d , · Location of action: 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) Nameofapplicant: ~Tt~ mtsl~J~.~tJtt/ (b) Mailing address: ~//~ -J~O~r~ [r~f~lta./l~l: .~0/ (c) Telephone number: Area Code ( ) b3[_ c~- /'/tO_~J/ (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? No ~ If yes, which state or federal agency?. Yes 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 communBy 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 ~ 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 South01d. 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 At~ach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI - Policies Pages 16 through 21 for eValuation criteria t~ Yes [] No [--] Not npnlicab e ., . Or 0~- .¢:rd_a,u.4' +,'~,b~r, ' ' P ' ' ..... " 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. Yos No Not Applicable ~oli~ ~,' Protecl ~d improve air Pag~ 32 through 34 for evaluation [] Yes r~ 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 Southoid. See LWRP Section III - Policies; Pages 38 through 46 for eValuation criteria. ~ Yes~ No [] Not Applicable ..... ,d- -' ~ 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 III- Policies; Pages 47 through 56 for evaluation criteria. ~ Yes ~ No [] Not A. pplicable 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 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. [] 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 EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631~283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING James King, Chairman Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 April 30, 2007 Re: Edna McNult% 875 Westview DHve~ 8o~tlnflfl ~ Dear Mr. King: Pursuant to our discussions and agreements during the 21 March 2007 public hearing on the captioned application, please find enclosed (3) copies of a project plan prepared by Eh-Consultants, Inc., last dated 30 April 2007, which has been revised to depict the following: 1. Proposed dock shifted four (4) feet to the east and reconfigured at its landward end to obviate the need to remove the Baccharis bush that was in line with the previously submitted proposal 2. A "three-pile bent" used only for the most seaward set of pilings supporting the catwalk 3. A four-foot wide pathway through the wooded area, designed to obviate the need to remove any trees 4. Pursuant to our subsequent conversation, a reduction in the size of the support pilings over the marsh to 4" x 4" posts, as an alternative to the widening of the spacIng between larger posts Should you require any additional information before the requested permit can be issued, please let me know. R~ yours, Robert E. H~.'mann Coastal Management Specialist TU _ f (¢:20FM, ?/10/0~) TIDAl. W/TI.ANDS BOUNDARY INC,, PROPOSED 4' x 90' ~ FIXED TIMBER CATWALK EN-CONSULTANI~, INC. ~. ~;".~P . ~' 1319 NORTH SEA ROAD -'~'-'~ _~ ... '-. -,~4 "" ~-' ......... - 8 PILE"(TYP.) % ~ S~PTON, NY 11968- x ~o' &"~ ". ~31-283 f~6O % % T~TEES 1"=60' PROFOCP POCK POI~ I~PNA MCNIJ!.TY ON N~Al'1111JCK ¢I~K, /V~,ffl11Z:K. %IPPOLK CO,. NY ¢¢rfl~fl OP 2 2-7-07, 4-~0-07 "~BOARD OF ~TO~KN ' OF $OUTHOI:B'/_ 5~CflON 1HROLUH PROPO~I) TU, PROPOSED 4' x 90' ~ FIXED 'lIMBER CATWALK EN-CONSULTANTS, INC. -,.. 1319 NORTH SEA ROAD -2'_ SOUTHAMPTON, NY 1196B._ 631-283-6360 PROPOCP POCK POi~ I~PNA MCNLLTY ON MAfqllgK Cl~gK, MAI'ql'LICK, ~,PPOLK CO,, NY ~1'10I~ 2 2-7-07, 4-~O-O7 // ? 'm mi P'R'OFK)S_E D WIDE TIDAL WETLANDS IBOUNDARY 1" = 60' ~CI~ON 1HRO~H r~OPO~I2120~K 6' ~O^f , , ~