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Home My WebLink About1000-115.-12-23.1 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: May 17, 2010 Re: Proposed Wetland Permit for DENNIS & IRENE KRAFT SCTM#1000-115-12-23.1 THE ACTION IS LOCATED IN A NYSDEC CRITICAL ENVIRONMENTAL AREA. En-Consultants, Inc. on behalf of DENNIS & IRENE KRAFT requests a Wetland Permit to construct a fixed timber dock consisting of a 4'X 78' fixed timber catwalk, 3'X 14' hinged ramp, and 6'X 20' float secured by (2) 6" dia. pilings and install (1) 8" dia. piling for 1,500 lb. boat lift. Located: 1710 Deep Hole Dr., Mattituck. SCTM-115-12-23.1 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 below Policy Standards and therefore is INCONSISTENT with the LWRP. The applicant HAS NOT demonstrated that the action fully meets the below policies. In addition the LWRP states "Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored beats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative'. The subject parcel already has access to public water via an existing dock structure. 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 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: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; The proposed dock is 112 feet in length. 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. [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; 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, shortening or reducing the size of structures, and increasing 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. 9.4 Assure public access to public trust lands and navigable waters. Provide access to, and reasonable recreational use of, navigable waters and pubfic trust lands under water. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navi.qation, recreation, and other public trust purposes, including the incidental rights of public anchorinq. The proposed dock structure (if approved) will result in a perpetual loss in unobstructed public access and use of public underwater lands equal to the dock and vessel dimensions. The length and fixed nature of the dock could impede navigation of other vessels. 3. Obstruction of navigable waters and underwater lands is limited: to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the use's dependence on access to naviqable waters, (ii) the range of tidal water level fluctuation, (iii) the size and nature of the body of water, (iv) the nature of public use of the adiacent waters, (v) the traditional means of access used by surrounding similar uses, (vi) whether or not alternative means to gain access are available. In the event that the action is approved; to further Policies 5. Protect and improve water quality in the Town of Southold, 6.3 Protect and restore tidal and freshwater wetlands and Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. It is recommended that the Board require that the silt boom be deployed during the construction of the 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 necessaq/ during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation ora 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. Pursuant to Chapter 266, 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 INSTRUCTIONS ] A Il applicants f0r perm its* including T 0w n 0f S0uth0[d agencies, shall c0m plete this C C A F f0t' proposed actions that aresubiectt0theT0wn0fS0ulh01d Waterfr0ntr0asistencv Review Law This assessmentisintended I0 supp[ement0therinf0rmati0n used by a T0wn 0fS0ulh01d agency in m a k in g a d e t e r m in a ti0 n 0 f c 0 n s iste n c y *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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. Thns~ each answer must be explained in detail., listing both supporting and non- supporting facts. 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. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 115 12 _ 223.1 PROJECT NAME Dennis & Irene Kraft The Application has been submitted to (check appropriate response): TownBoard I~ Planning Board[---] Building Dept. ["--~ BoardofTrustees[5~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning actMty, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) [--] (c) Permit, approval, license, certification: Nature and extent of action: Remove existing dock and construct a fixed timber dock, consisting off 4' x 78' fixed timber catwalk, 3' x /4' hinged ramp, and 6' x 20' float secured by (2) 8"-diameter pilings and install (1) 8"-diameter piling fur 1,500 lb. boat lift, all as depicted on the project plan prepared by' En-Consultants, Inc., dated April 21, 2010. Location of action: 1710 Deep Hole Drive, Mattituck Site acreage: 0.448 ACRE Present land use: RESIDENTIAL. Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Derails & Irene Kraft (b) Mailing address: 6 Redam Drive Smithtown, NY 11787 (c) Telephone number: Area Code 631-361-3383 (d) Application number, if an5,: 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 III - Policies; Page 2 for evaluation criteria. [~Yes [~ No [5~ 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 [5~] Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria [~ Yes [-~ No ~-] Not Applicable I he proposed dock would be located in place of an existing dock and would be consistent both in it seaward extent and character with the neighboring docks to the north and south. This area of Deep Hole Creek is characterized by a plethora of similarly sized and configured private docks. 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 Ill - Policies Pages 8 through 16 for evaluation criteria ~ 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 1II - Policies Pages 16 through 21 for evaluation criteria [~ Yes ~] No ~ Not Applicable The dock will reduce the area if floating dock located in the surface waters of Deep Hole Creek by 50% and will be constructed with tmtreated timber so as to minimize potential water quality impacts associated with CCA or other treated timber. 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. [~ Yes [~] No ~] Not Applicable Due to the presence of numerous adjacent and neighboring dock structures, installation of the proposed dock will not cause "fragmentation of ecological communities", nor will its constrnction result in the physical loss, degradation, or functional loss of ecological components, as the dock will be elevated above surface waters: of open-pile construction; and located over an area devoid of ~vetlands vegetation and seagrasses. The dock will also be constructed with untreated decking; extend less than 1/3 the width of the waterway, and otherwise confomr to the statutory and regulatory requirements of the New York State Tidal Wetlands Law and Town Wetlands Law. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section 111 - 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 Ill - Policies; Pages 38 through 46 for evaluation criteria. Yes [~ Noel Not Applicable As thc seaward end of the proposed dock would remain situated within the "pier line" of the similarly configured neigbboring docks, the dock xxill not interfere with public navigation; and the dock will not obstruct passage across a dry beach or otherwise affect the goals of Policy 9. ,Attach additional sheets if necessary WORKING COAST POLICIES Poli~v 10. Proiect Southold's water-dependent uses and promote siting of new water-dependent suital~le locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. [~ Yes [~ No ['--] Not Applicable uses in To the extent Po c? 10 is applicable to the project, the proposed dock would neither alter nor adversely impair the surrouoding community character, water use, or scenic quality of the surronnding environs of Deep Hole Creek. 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 Ill - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes {-~ No [5~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section II1 - Policies; Pages 62 through 65 for evaluation criteria. [--] Yes ~'1 No [5~] 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 [5~ Not Applicable PREPARED BY ----~___ ROBE RRMANN .4mended on 8'1/05 TITLE COASTAL MGMT SPECIAIJST DATE 4/27/10 D~EP HOLE DRIVE STON£ DRIVEWAY 1"=40' 4' x 78' FIXE 3' x 14' RAMP CEEE~ ~0~- O~ ! /// I'l ~ 5000 a" P~LE (T'~.) DOCK PP, QPOCeP POCK R~PUAC~MbNf FOR P~NNt5 S I~Nf~ KRAFT ON PUI~P HOb~ CRBBK, ~WWTITLEK, 5L]PPOLK CO,, NY