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HomeMy WebLinkAbout1000-107.-1-12 OFFICE LOCATION: Town Hail 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: Mark Terry, Principal Planner ~--~ LWRP Coordinator '~ Date: January 15, 2010 Re: Proposed Wetland Permit for MICHAEL & BETH NEUMANN SCTM#1000-107-1-12 J.M.O. Environmental Consulting on behalf of MICHAEL & BETH NEUMANN requests a Wetland Permit to construct a 4'X 75' open grate fiberglass catwalk supported by untreated 4"X 4" timber posts, a 3'X 15' ramp and a 6'X 20' float secured by (2) 10" piles. Located: 3329 Grand Ave., Mattituck. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of $outhold 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 CONSISTENT with the below Policy Standards and therefore is CONSISTENT with the LWRP; provided that the proposed action meets sub-policies 6.3, and 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. Figure 1. Subject site. (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; The proposed dock .will be 110' in len.qth. Chapter 275 requires that the determination of the length of the dock must include the dimensions of the vessel. Please have the applicant identify the dimensions of the expected vessel to that the Board can determine the width of the naviqable channel in relation to the docks and vessels on the opposite shoreline. Further, it is unclear if the dock complies with the 1/3 rule established by Chapter 275. Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, she//fishing, waterskiing and other water- dependant activities; Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; Whether the dock will cause degradation of surface water quality and natural resources; Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; Whether the dock will result in the destruction of or prevent the growth of vegetated wet/ands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shelltTsh; [8] Whether the dock will unduly restrict tidal lfow or water circulation; [9] Whether the dock will be safe when constructed; r10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [1 !] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether altemate 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. To further Policies 5 Protect and improve water quality in the Town of Southold, 6.3 Protect and restore tidal and freshwater wetlands and Po/icy 11. Promote sustainable use o[ living marine resources in Long Island Sound, the Peconic Estuary and Town waters. Itis recommended that the Board require that the silt boom be deployed during the construction Of the dock structure pursuant to: § 275-11 Construction and operation standards. A. ' General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. Note that Mattituck Inlet and Creek is identified by the state as a regional Maritime Center and are a primary focus of maritime activity within the Town of Southold. The intent of Policy 10; Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations is to protect existing water-dependent commercial, industrial, and recreational uses and to enhance the economic viability of water-dependent uses by ensuring adequate prevision of infrastructure for water- dependent uses and their efficient operation. The action furthers the above policy. 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: Lod Hulse, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS All applicants for permits* including Town of Southold ageacies, shall complete this CCAF for proposed actions that am 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 deter' tion 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 Iht, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A propo~/ action will be evaluated as to its s~gniflcant 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 "yea", then the pwpnsed action may achievement of the LWRP policy s~ndards and conditions contained in the Thus, the action should be analyzed in mote detail and, if necessary, modified a determination that it is consistent to the maximum extent practicable with policy standards and conditions, ff an action cannot be certified as consistent with LWRP policy standards and conditions, ~ A copy of the LWRP is available in the following places: online website (southoldtown.norlhfork.net), the Board of Trustees Office local libraries and t~ Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM~ 107 01 12 The Application has been submitted to TownBoard ~ PlavningDept. ~-~ BuBdingDept ~'~ 1. Category of Town of Southold agency action Action undertaken directly by Town agency ~pi~' -- .--~ (a) construction, planning activity, agency regulation, land_transaction) "'[~! Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: _ ~ Nature and extent of action: i Applicant proposes to cdnstruct.a ~-" 3p~n grate fiberglass catwalk supported by un~.r.e~_¢ec~ 4"~4"timber posts~ a 3'x 15' ramp and a 6'x 20' float secured by (2) 10" piles. Locationofaction: 3329 Grand Avenue, Mattituck Siteaoreage: 1 t775 acres Present~%nduse: single family dwelling Present zoning classification: R-BO If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: Michael & Beth Neumann ~) MaiHngaddl~ss: 240 Riverside Blvd. Apt 5H New York, NY 10069 (c) Telephone number: Area Code ( ) 212-595-8987 (d) Application number, if any:. Unknown Will the action be directly undertaken, require funding, or approval by a state or federal agellcy? Yes ~ No [] Ify~, w~ch sta~ or fed~a~ ag~ncy~ NYSOEC, NYSDOS & USDOA DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in theTown 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 developmenL See LWRP Section IH - Policies; Page 2 for evaluation criteria. ~-~ Yes ~ No [] Not Applicable The nroiect as proposmd hmm hm~n d~gmem to be am ~m!! as possible (lengthwise). but still allow docking ~n ~h~ ]mmm~n This will minimize the amount of impact. It is felt that this Project is con~nt w~h th~s policy_ Attach additional sheets if necessary Policy 2. Protect and preserve historic and archa~oiogicni resources of the Town of Southold. See LWRP Section IH - Policies Pages 3 through 6 for evaluation criteria [] Yes ~'~ No ~ Not Applicable The project as proposed should have no ~mpact on the historic or archaeological r~ol~r~ ~f ~h~ ~wn an~~ _~he'_'!d hay~_ .~.c negative impacts upon the maritime character of Mattituck Tn]mt. It is felt that this project is consistent with this Policy. Attach additional shoets if necessary Policy 3. Enhance visual qnality and protect scenic resources throughout the Town of Southold. See LWRP Section m- Policies Pages 6 through 7 for evaluation criteria [] Yes [-~ No ~ Not Applicable The Dro~ect as DrODOSed should have no negative ~mpao~g ,pon the scenic resources or the visual aualitv of the Town. It ig felt that this project is consistent with this Policy, Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. MinimiT~ loss of life, structures, and natural resources from flooding and eroMon. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~-~ Yes [] No [] Not Applicable Th~ pr~j~ ~ p~ ~ '~"+ ~"_~!ve the c~ntre! ef flooding or erosion. The project site consists of a natural.. stable, well vegetated shoreline and the proposed dock should not negatively impact the existing shoreline. It is felt that this project is consistent with this Policy. Attach additional sheets if nece~.sary Policy 5. Protect and improve water q,ality and supply in the Town of Southold. See LWRP Section IH - Policies Pages 16 through 21 for evaluation criteria [] Yes ~-~ No ~ Not Applicable Potable water in Southo]d quality of Mattituck Creek, It is felt that this project is consistent with this Policy. A~ach additional sheets if necessary Policy 6. Protect and restore the qn~!ily and function of the Town of Southold ecosystems inclndi.~ $i~onitfeant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section IH - Policies; Pages 22 through 32 for evaluation criteria. / / [] Yes ~ No ~ Not Applicable The project as proposed has been designed to result ~n the least degree of adve.rse wetlands impacts. The prc~bosed~.do~k would be constructed using an open grate f.iberg.lass catwalk. This system allows for a minimum of (60% openings ~n the walk) which ~11 allow for sunlight to pass through the ooeninos and the~fore not shading out the e~isting wetlands vegetation. T~e~ro~osed catwalk would be supported by untreated timber 4"x4~/s. Since ~the fiberglass catwalk is inert and the 4"x4"s would be untreated there shall be leaching of chemicals. The 4"x4"s also will have a smaller (footprint)than normal piling.The location of the, propose catwalk was chosen because thi~ arem ~ ~h~ app]ion-t'~ property has one of the narrowest bands of w~tlands veqetation mnd m]mn navigatable depths are located closer to shoreline, with this. th A~haddifi~Msh~mWn~c~ssaryproposed docking system would be much shorter in length than if proposed elsewhere on the site. There is less Policy7. Protect andimproveair~mli~y~the Town ofSouthoid. See LWRPSectionlH- PoHci~ Pag~ 32through34~rev~uationc~te~ [] Yes ~ No [~x~lot Applicable It is felt that this Policy is not applicable to this project since no portion of the project will Droduce anything that would impact air quality. Attach additional sheet~ if necessary Policy 8. Minimi,~ enviromental degradation in Town of Southold from solid waste and h~,~rdons substances and wastes. See LWRP Section HI - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~-~ No ~-~ Not Applicable The project as proposed has been designed no to use treated materials nor does the pro~ect involve the use of or the creation of any solid waste and hazardous substances and wastes. It is felt that this project is consistent with this policy. 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 IH - Policies; Pages 38 through 46 for evaluation criteria. [] Ye~ No [] Not Applicable The project as proposed has been designed to be the minimal sized (length & width) that will allow access to navigable waters which should not result in an unnecessary interference with the use of public trust lands. It is felt that this project is consistent with this Policy. 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 IH- Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No [] Not Applicable ,#6, cont. ' impacts to the site. Prior to installation of the 4"x4" pos .~z~ ~/ "plugs" 6f the wetlands vegetation can be removed and'repla~te~/~/ on site. As proposed, the project should not result in physi a~ loss or the degradation of or functional loss of ecological components. It is felt that this project is consistent with this Policy. The project'as proposed will not adversely impact any ex'isting water-dependent uses of Mattituck Creek. It is felt that this project is consistent with this Policy. Attach additional sheets if necessary Policy 11. Promote sus~alnahie use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. Sec LWRP Section ~I- Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [] Not Applicable of the Town of Southold's finfish, shellfish-and crustaceans. l~ w~]l nn~ nogat~v~ly ~mp~_t the ~_xisting commercial fishin~ fleet located in Mattituck Creek. It is felt that this project is consistent with this Policy. AOach additional sh~m if necessary Policy 12. Protect agricultural lands in the Tow-, of Southold. See LWRP Section HI - Policies; Pages 62 through 65 for evaluation criteria. ~'~ Yes ~ No [--~_ Not Applicable T~ ~ f~l~ ~h~ th~.~ Policv Js not aoolicable to this project since no a~ricultural lands are involved. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resolwces. See LV~/]RP Section III - Policies; Pages 6~ through 68 for evaluation criteria. Yes [] No [~ Not Applicable It is felt that this Policy is not applicable to this project since it does not involve the use of or development of energy or mineral resources. Created on 5/25/05 11:20 .dM SCALE I ~': 20' Applicant: Michael And Beth Neumann Location: 3329 Grand Avenue, Mattituck Purpose: Private Recreational Docking Locus: 72~32' 41000' Datum: Apparent Low Water 'S.C.T.M.No. 1000-107-1-12 Applicant proposes to construct a 4' x 75' open grate fiberglass catwalk supported by untreated 4" x 4" timber posts, a 3' x 15' ramp and a 6' x 20' float secured by (2) 10" piles. At Mattituck Creek, Mattituck, Town of Southold, Suffolk County, New York. L-~ pr~p,.. ^1~ .5' ALV/ 0 ' gOTTOU B3 C3 JO~ns Ma~ 4,5 E3 ~ GUYTON TRUST FLOAT PROP;, RA}4P PROP, CATW^L[{ ' OPE~' 72/ / EX. 2 STY SFD EX. GARAGE EX, DRIVE Applicant proposes to construct a 4' x 75' open grate fiberglass catwalk supported by untreated 4" x 4" timber posts, a 3' x 15' ramp and a 6' x 20' float secured by (2) 10" piles. At Mattituck Creek, Mattituck, Town of Southold, Suffolk County, New York. Depths, AHW, ALW and TWL Line located by C~ Just 1300 Hours 27 Oct '09- Low Tide Applicant: Michael and Beth Neumann Location: 32329 Grand Avenue, Mattituck Purpose: Private Recreational Docking Locus: >2o32' 41~00' Datum: Apparent Low Water S.C.T.M.No. 1000-107-1-12 APPLICANT: MICHAEL LOCATION :3329 GRAND sc^t_£ { ,v='~.' ^.,'.orEo PRIVATE RECREATIONAL NEUMANN AVENUE ,,1'4~"[ TITg Cl~ DOCK,-,, Pb~tq