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,..
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FLOAT PROP;,
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CATW^L[{ ' OPE~'
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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