HomeMy WebLinkAbout1000-86.-1-9.4 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:
Jill Doherty, President
Town of Southold Board of Trustees
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: July 21,2010
Re: Proposed Wetland Permit for E. BROWNELL & KAREN JOHNSTON
SCTM#1000-86-1-9.4
THE ACTION IS LOCATED IN A NYSDEC CRITICAL ENVIRONMENTAL AREA AND
NYSDOS SIGNIFICANT FISH AND WILDLIFE HABITAT.
E. BROWNELL & KAREN JOHNSTON request an Amendment to Wetland Permit
#5217 to remove the stairs at the seaward end of the existing catwalk and construct a
4'X 15' extension to the catwalk and 4'X 10' "L" section. Located: 4001 Wells Rd.,
Southold. SCTM#86-1-9.4
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 CONSISTENT
with the below Policy Standards and therefore is CONSISTENT with the LWRP
provided that the applicant meets or furthers the following policies to the greates
extent practicable.
Figure 1. Existing dock structure on parcel.
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.
Chapter 275 requires that the determination of the length of the dock must
include the dimensions of the vessel. The dimensions of a vessel are not
specified. It is recommended that the applicant provide this information
Further, the applicant has not demonstrated 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:
[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;
[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;
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 critical environmental areas (§275-2) may be
subject to more stringent requirements than detailed in this section. Such
requirements may include, but are not limited to, denial of certain
operations, shortenin.q or reducin.q the size of structures, and increasin.q
the width of non-disturbance buffers
[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;
[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.
9.3
Preserve the public interest in and use of lands and waters held in public
trust by the state and the Town of $outhold.
A. Limit grants, leases, easements, permits or lesser interest in lands
underwater in accordance with an assessment of .potential adverse impacts of
the proposed use, structure, or facility on public interest in public lands under
water.
The applicant currently enjoys access to public waters via a 58.5' fixed
dock structure. The purpose of the 20' extension to the dock structure
into public trust waters has not been provided.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action
Cc: Lori Hulse, Assistant Town Attorney
.Town of Southold
A. INSTRUCTIONS
LWRP CONSISTENCY ASSESSMENT FORM
- 2 2010
All applicants for p~rrnits* including Town of Southold agencies, shall co~l
proposed actions that are subject to the Town of Southo]d Waterfront Cofislstency Revi~Wgaw:-Tiffs
assessment is intended to supplement other imeormation used by a Town of Southold agency in
malting a determktatiun of consistency. *F~cept mi~or ~xcmpt ¢clions i~cl~di~g B~i/di~g £ermit~
¢nd other mi~isteri¢~ permits not locateg withi~ thc Coa~t¢! ~ro$io~ Haz¢rd
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 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 supporting and non-
suooorfin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and
conditions, it shall not be undertaken.
PROJECT NAME
The Application has been submitted to (check appropriate response):
TownBoard [] PlanaingBoardE~ BuildingOept. ~ Board ofTrustees
A copy of the LWRP is available in the following places: online at-the Town of Soutllbld? s
website (southoldtown.northfork.net), the Board of Trustees ~ ~ffice; ~h¢ Planning Departn~ent, all
local libraries and the Town Clerk's office. : .:
DESCRIPTION OF SITE AND PROPOSED ACTION ~;_~ L ' Z;:
Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken direcdy by Town agency (e.g. capital
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:
~Location of action:
Site acreage: ~'~1 L~£ 5
Present l~d ~e:
Present zo~g cl~sificafion:
If ~ application for ~e proposed ~fion h~ ~en filed M~ ~e To~ of Sou~old agency, ~e follo~g
~o~afion sh~l be prohded:
(a) N~e of applic~t:
Co) Mailing address:
(c) Telephone number: Area Code ( )_
(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 all 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 IH - 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 NotAppiieable
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Sauthoid. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
[] Yes [] No [-~ blot Applicable
Attach additional sheets if necessapj
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 erlteria
~ 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 ~'~ Not Applicable
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 IH - Policies; Pages 22
through 32 for evaluation criteria.
Yes 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.
~ Yes~] No [-~ Not Applicable
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southoid'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 F~ 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 '
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH - 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 HI - Policies; Pages 65 through 68 for evaluation criteria.
~-] Yes ~ No [] Not Applicable
PREPARED BY TITLE ~t~iv~L~ 6~ ft.~ ,,.~ DATE
~I~ ' CONSULTANTS INC
719 NORTH SEA RD,
SOUTHAMPTON, NY 11968
6~
N/F J. 8c ]t. NlCKICH
H~
£ £
£
£
at~ ........
4' x 52' SECTION OF EX. CATWALK TO
PROPOSED 4' x 15' EXTENSION OF EX,
CATWALK (EX. STAIRS TO BE
PROPOSED FIXED
RICHMOND CREEK
(APPROX. ~75')
£
£
£
£
£
£
PEOPO~P I~Xf'gNGION OF PlY~P
POE IG~N ~ I~, I~OWN~LL
JOHNSfON ON EICHMONP GI~F::K,
PI~¢ONIC, 5L~PObK¢OI. JN? ~'
E N- CONSULTANTS liNC
1319 NORTH SEA RD.
SOUTHAMPTON, NY tl 968
631-283-6360
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! PROF'O~P I~X~NStON OF PIMP
POCK FOR ~N ~ ~. ~LL
J~NSf~ ON RICHMONP C~K
P~CONIC, ~P~K CO~, NY
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