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HomeMy WebLinkAbout1000-57.-2-21 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 MEMORANDUM To: Jim King, President Town of Southold Board of Trustees . From: MarkTerry, Principal Planner ~ LWRP Coordinator Date: January 15, 20(~ Re: Proposed Wetland Permit for GEORGE BALDWIN SCTM#1000-57-2-21 The proposed action is located within a New York State Department of State Significant Fish and Wildlife Habitat Area, a New YOrk State Critical Environmental Area and a Peconic Estuary Critical Natural Resource Area. AMLW is 0.0ft GEORGE BALDWIN requests a Wetland Permit to construct a 4'X 3' access platform, 2.5'X 9' ramp and a 3'X 12' floating dock. Located: 1045 Island View Lane, Greenport. SCTM#57-2-21 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 LWRP and listed policy standards provided below. Figure 1. Subject parcel. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 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 ell Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions The applicant fails to prove that the action meets the following requirements § 275-11 Construction and operation standards C. 2 (d) of the Southold Town Code: (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: [/] Whether the dock will impair navigation or be located in areas of high vessel .traffic or vessel congestion; Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities; Chapter 275 requires that the determination of the lenRth of the dock (width in. this instance) must include the dimensions of the vessel. The dimensions of a vessel are not specified. [5] Whether the dock will cause degradation of surface water quality and natural resources; AMLW is 0.0 feet and the dimensions and type (manual vs. machine powered) vessel has not been identified. Whether the dock wi//cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; The proposed action is located within a New York State Critical Environmental Area. At the discretion of the Board of Trustees, any operations proposed in cdtical environmental areas (§ 275-2) may be subiect to more strinqent requirements than detailed .in this section. Such requirements may include, but are not limited to, denial of certain operations, shortenin.q or reducinq the size of structures, and increasin.q the width of non-disturbance buffers Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eetgrass (Zostera marina) and widgeon grass (Ruppia mafitima) or shellfish; [8] Whether the dock will unduly rest#ct tidal flow or water circulation; f l] 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 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 immediate project area. [12] 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 thestate and the Town of Southold. Limit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public/ands 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 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 Waterfzont 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). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the L~P 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 ~outhold's website (southoldtown.northfork.net), the Board of Trustees Office, the Plannyg Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION/ TownBoard [] Plan, Dept. [] Bu,d Dept. ?-d o ,aofTrust s 1. 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: ?l ¢rm , ¢:5' xq'. . Location of action: Site acreage: Present land use: Present zoning classification: .SXdm 0J If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: 6~.0¥'~fl. ~d[tlJt['l (b) Mailing address: ID~.~ ~;~.~,-~-q}~.~r~J ~/]C (c) Telephone number: Area Code ( ) ~"~.! 14"~--'[~/~.35 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~] No['-] Ifyes, which state or federal agency? N~.~ECI ~0~'; ~.~k~l) 0~ 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 III - Policies; Page 2 for evaluation criteria. ~'Yes [] No [] (Not Applicable - please explain) 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 - please explain) ' - I ' ' 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 - please explain) 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 - please explain) Attach 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 ~/'Yes ~-~ No [-~ (Not Applicable- please explain) .-the.. ._ woo~d, , a~t,Dvt~ mil com.vl~, l ' 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 HI - Policies; Pages 22 through 32 for evaluation criteria. [~Yes [~ No [] (Not Applicable - please explain) 1 ttt owt¢ . Atlach 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. See Section IH - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No [~(Not Applicable - please explain) '0 ........ '" ~ ' '-I 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 IH - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No ~/(Not Applicable - please explain) 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 HI - Policies; Pages 38 through 46 for evaluation criteria. ~ Ye~ No ~-~ (Not Applicable - please explain) '-ida,,, T po d wt Il COIVLVlL, t. 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 Applicable - please explain) 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 HI - Policies; Pages 57 through 62 for evaluation criteria. I~Yes ~ No [] Not Applicable- please explain 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~NotApplicgble-pl segxplain. 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 - please explain BALDWIN 045 ISLAND VIEW LANE DWELLING DECK P/L 66' 6" "~aL w o.0' ECON AY Prepared By: LA[NG ENVIRONMENTAL CONSULTANTS 225 MAIN ST. SUITE 205 NORTHPORT, NY 11768 (631)261-7170 (631) 261-7454 fax PROPOSED; INSTALL 3' x 4' PLATFORM, 2. E x 9' RAMP AND 12' x 3' FLOATING DOCK. DECK AND FLOATER TO BE SUPPORTED/SECURED BY 8" DIAMETER PILES ON: PECONIC BAY AT: 1045 ISLANDVlES LANE COUNTY: SUFFOLK STATE: NY APPLICATION BY: GEORGE BALDW1N SHEET: 1 OF 3 DATE: OCTOBER 2009 OVERALL SITE PLAN SCALE: 1" = 40' PROPOSED: INSTALL A 12' by 3' FLOATINO COCK TO BE ACCESSED STRUC~JRES TO BE BUILT DIRECTLY OFF OF BULKHEAD ADJACENT PROPERTY OWNERS: 1. MICHAEL CARLUCCI 856 ISLAND VIEW LANE 2. ROSE AND JOHN MILAZZO 131 KINGS ROAD HAUPPAUGE NY SUFFOLK COUNTY TAX MAP #; DIST. 1000 SECT, 57 , BLOCK 02, LOT 21 DATUM: AMLW 00 VICINITY MAP P/L APPROVED GABION AND LANDING DECK -- TO BE CONSTRUCTED (* SEE NOTE #~) AMHW PLAN VIEW SCALE: 1" = 10' APPROVED BULKHEAD EXTENSIONS- TO BE CONSTRUCTED (*SEE NOTE #4) 66,__0"%0 5£. coRNER oF DWELLING -- 4'x3' PROPOSED ACCESS PLATFORM -- 2.5'x9' PROPOSED RAMP PROdECT NOTES: 1. ACCESS PLATFORM TO BE INSTALLED TO TOP OF BULKHEAD. PLATFORM TO BE 3' BY 2. 2.5' BY 9' RAMP TO BE ATTACHED TO ACCESS PLATFORM AND CONNECT TO FLOATING DOCK VIA FREE ROLLING WHEELS; 3. FLOATING DOCK TO BE ,3,0' BY 12' AND CONNECTED TO TWO (2) 8" PILES ON THE LANDWARD SIDE OF THE FLOATER. 4. BULKHEAD AND GABION AREA APPROVED. PERMIT #: NYSDEC: 1-4758-05440/00001 (7/,31/07) ARMY CORPS: NAN-2006-O0068 (,3/16/07) TOWN OF SOUTHOLD: ~6298 (6/1,3/08) NYSDOS: F-2008-0,39,3 (6/15/08) (2) 8" PROPOSED- FLOAT PILES P/L ~ -- 12'x 3.0' PROPOSED FLOATING DOCK Pmp~md By: B. LAING IL SOClATES ENVIRONMENTAL CONSULTANTS 225 MAIN ST. SUITE 205 NORTHPORT, NY 11768 (631) 261-7170 (631) 261-7454 fax PROPOSED: INSTALL 3' x 4' PLATFORM, 2.5' x 9' RAMP AND 12' x 3' FLOATING DOCK~ DECK AND FLOATER TO BE SUPPORTED/SECURED BY 8" DIAMETER PILES ON: PECONIC BAY AT: 1045 ISLAND VIES LANE COUNTY: SUFFOLK STATE: NY APPLICATION BY: GEORGE BALDWIN SHEET: 2 OF 3 DATE: OCTOBER 2009 ~ AMHW (WETLAND LINE) EBB FLOOD SECTION A-A SCALE: 1/4" = 1' PROPOSED 3' x 12' -- FLOATING DOCK TYP. FLOAT PILES (2) -- EXISTING GRADE Of ADJACENT PROPERTY AMHW II II II -- EXISTING BULKHEAD -- PROPOSED 2.5' x 9' RAMP I I TYP. 3/4" THRU ii BOLTS I L~ TYP. 3" x 6" I CROSS BRACING -- PROPOSED 4' x 3' ACCESS PLATFORM -- PROPOSED TYP. PILE (2) II Prepared By:& PROPOSED; INSTALL 3' x 4' PLATFORM, 2.E x 9' RAMP AND 17 x 3' FLOATING DOCK. B. LAIN(; ~OEIATB DECKAND FLOATER TO BE SUPPORTED/SECURED BY 8" DIAMETER PILES ENVIRONMENTAL CONSULTANTS ON: PECONIC BAY AT: 1045 ISLAND VIES LANE 225 MAIN ST. SUITE 205 NORTHPORT, NY 11768 COUNTY: SUFFOLK STATE: NY APPLICATION BY: GEORGE BALDW1N (631) 261-7170 SHEET: 3 OF 3 DATE: OCTOBER 2009 (631) 261-7454 fax