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Home My WebLink About1000-31.-12-12 O~'FICE 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: August 16, 2010 Re; Proposed Wetland Permit for MARTIN & ELIZABETH O'REILLY SCTM# 1000-31-12-12 Garrett A. Strang, Architect on behalf of MARTIN & ELIZABETH O'REILLY requests a Wetland Permit to construct stairs and landing down a bank, 3'X 72' catwalk with a kayak/canoe rack and steps down to the water. Located: 1420 Truman's Path, East Marion. SCTM#31-12-12 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 denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. The applicant HAS NOT demonstrated that the action fully meets the below policies. 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: Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities; [5] Whether the dock will cause degradation of surface water quality and natural resoumes; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [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. It is recommended that the Board evaluate the cumulative impacts of placing a permanent dock structure in this closed wetland system. Consider a seasonal alternative to the action. 9.4 Assure public access to public trust lands and navigable waters. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. Structures extending beyond the minimum necessary for access to navigable waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in the following circumstances: a. when necessary for practical and convenient operation of water-dependent industry or commerce, and provided that obstruction of commemial navigation does not result. for commercial recreational boating facilities provided that: (i) the loss of navigable waters and use of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does not result. when the principal purpose of the structure is necessary: (i) to provide public access for recreational uses (ii) for improvements for navigation (iii) for protection from coastal hazards, or (iv) for essential public transportation and transmission facilities. The proposed action has been identified as a "private" recreational use and therefore does not warrant extending beyond the "minimum necessary" over public waters. It is recommended that the Board evaluate whether the proposed dock structure will "extend beyond the minimum necessary" for access to navigable waters for a manual powered vessel (kayak). Figure 1. Subject property. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its wdtten determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attomey Town of Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM JUL 3 0 2010 All applicants for permits* including Town of Southold agencies, si~.~c~_mpl~"~!;':'.~.AF proposed actions that are subject to the Town of $outhold Waterfront 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). 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 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 website (southoldtown.northfork.net), the Board of Trustees Of~.~~-'~a~, ~l~t~'.~ll local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check a ro ' : pp pnate response) . L-----------'~ ~_ ['~ TownBoard [-~ Planningl)opt. [] Builaingl)ept. [] Board of Trustees 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 Location of action: Site acreage: Present land use: ~'?~ Present zoning classification: If an application for the proposed action has been filed with the Town of Soulhold agency, flae following information shall be provided: (a) Nameofapplicant /¢fce~T'//¢ (b) Mailing address: (c) Telephone number: Area Code (d) Application number, if any:_ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes eff'wJent use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section HI- Policies; Page 2 for evaluation [] No [--] Not Applicable Attach add/fional sheets if necessa~ Policy 2. Protect and preserve historic and archaeologieal resources of the Town of Southold. See LWRP Section HI -~ages 3 through 6 for evaluation criteria [] yes F-~ No[77/1'/ I Not Applicable . Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP S~gction IH - Policies Pages 6 through 7 for evaluation criteria I/~1 Yes ~ No ~'~ Not Applicable 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 Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -~icieiey~S l;oth~21~j~i~ation criteria Anach 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 Ill - Policies; Pages 22 throug92 for evaluation criteria. I ~ Yes ~ No [] Not Applicable / Attach additional sheets if necessary Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Policy 7. Pages 32 through 34 for evaluation criteria. [] Yes ~-~ No [--~NNot Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous S~y~ es and wastes. See LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. [-~ 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. ~No~A ~-~ Yes~ No pplicable Atlach 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. Sec LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No [--~Not applicable Attach additional sheets if n~essary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuar~nd Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~/IF-t~yes [] No r~ Not Applicable 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 r~ No [--~Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Polic~ 65 through 68 for evaluation criteria. ~ Yes [] Norr>/l_~ Not Applicable Created on 5125105 11:20 AM " 'GARRETT A. STRANG " architect . ~1230.T~a,~ler Street P.O.Box 1412' ~" Ir , ~ ' ' ':: ,~outhbld, New York 11971 r ph. 831 .?$5-5455; fx,. ~l~ 1 ;765-5490 ctequ "" ': :' ~mhicelxnet, net SITE DATA SITE AREA TAX MAP # ZONING FLOOD ZONE WATER SUPPLY USE EXISTING PROPOSED OWNER BUILDING AREA EXISTING to be removed PROPOSED ,517 ACRES - 22,511 SQ. FT. 1000- 31 - 12- 12 R - 401RESIDENTIAL "X" & "AE - 7" AT WETLANDS AREA PROPOSED - SUFFOLK COUNTY WATER AUTHORITY SINGLE FAMILY DWELLING SINGLE FAMILY DWELLING ELIZABETH P. O'REILLY MARTIN J. O'REILLY 477 4TM. STREET BROOKLYN, NY 11215 795 SQ. FT. 2,980 SQ. FT. LOT COVERAGE TOTAL EXISTING 3.6% PROPOSED 13,2% LOT AREA-UPLAND LOTCOVERAGEUPLAND EXISTING PROPOSED TOTAL IMPERVIOUS BUILDING & PAVED AREAS EXISTING PROPOSED TOTALIMPERVIOUS LOT COVERAGE UPLAND E~STING PROPOSED 18,182 SQ. FT. 4.4% 16.4% 795 SQ, FT. 3,250 SQ. FT. 4.4% 17.9%