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HomeMy WebLinkAbout1000-104.-3-2 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: September 22, 2010 Re: Proposed Wetland Permit for DAVIES FAMILY TRUST SCTM#1000-104-3-2 THE ACTION IS LOCATED tN A NYSDEC CRITICAL ENVIRONMENTAL AREA AND NYSDOS SIGNIFICANT FISH AND WILDLIFE HABITAT AREA. Suffolk Environmental Consulting, Inc. on behalf of DAVIES FAMILY TRUST requests a Wetland Permit to construct a 4'X 64' fixed elevated catwalk; 3'X 15' hinged ramp and a 6'X 20' floating dock on the eastern shoreline of the subject property. Located: 2385 Pine Tree Rd., Cutchogue. SCTM#104-3-2 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. Figure 1. Subject 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; A vessel mooring is located seaward of the proposed dock terminus. The ownership and what effect the proposed dock on the vessel mooring is not discussed. [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 reducing the size of structures, and increasin.q the width of non-disturbance buffers The dock is proposed to bisect vegetated tidal wetland (spartina alterniflora and spartina patens). In the event that the action is approved grid decking to allow sunlight to penetrate to existing vegetation is recommended. [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; See above answer regarding emergent vegetation. Information regarding submergent vegetation (although required) has not been provided. [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 Water depth at the terminus of the dock structure is indicated to be 4.3'. It is recommended to shorten or re-configure the dock to achieve a minimum water depth of 3.8' or less (depending upon vessel draft). [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 Southold. 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 could access public waters and underwater lands by obtaining a temporary vessel mooring. The construction of a private dock structure into public trust lands will result in the perpetual net loss of public use of underwater lands and waters. 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 Southoid LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are 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 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 of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Plan_nin~g~D_ep.ar~_~e~t~alLlocaL librar es and the Town Clerk's office. ~ B DESCRIPTION OF SITE AND PROPOSED ACTION ~! SCTM# 104 - 03 - 002 d13 The Application has been submitted to (check appropriate response) Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] 1. 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 and extent of action: Applicant proposes to construct a docking facility off the eastern section of sub.|ect property and the shoreline of Little Creek. Attach additional sheets if necessary Location of action: Site acreage: 2385 Pine Tree Road; Cutchoguel Town of Southold~ NY 0.4 acre + Present land use: Improved w/single family dwelling and related appurtenances 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: DAVIES FAMILY TRUST (b) Mailing address: 2385 Pine Tree Road; Cutchogue; Town of Southold~ NY (c) Telephone number: Area Code ( 631 ) 537 - 5160 (d) Application number, if any: N/A 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? 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 [] Not Applicable Subiect proposal is consistent with the policy in that the siting and utilization of the orooosed dock assembly will maintain the character of the surrounding neighborhood, which currently consists of many similarlv-imoroved residential lots with similar accessory structures (i.e. dock assemblies along Little Creek). In addition, subject proposal will be in harmony with the "...beneficia! use ora coastal location..." in that the leqally created residential waterfront (i.e. coastal) lot will be enhanced by the inclusion of the proposed dock assembly in order to access the contiguous surface waters. Accordingly, we believe that this project is consistent with this policy. 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 [] Not Applicable Subject proposal is not applicable to this policy in that it will have no impact to any potential historic and/or archaeological resources within the surrounding area. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southoid. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subiect oroposal will not adverselv imoact the visual oualitv of the surrounding area in that the surrounding area is currently comprised of properties improved with similar appurtenances (i.e. dock assemblies) of equal, if not oreater, size and scope. Scenic resources, assumedly views of Little Creek and Little Peconic Bay to the east, are not at risk due to the I~roposed dock assembly beino tvoical of the character of this section of waterfront. Accordingly. this proposal will comDIv with Policy 3. 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 Subiect proposal will fully comply with Policy 4 in that the proposed dock assembly is designed to be comparable in desk]n and scooe as that of the surroundinq dock assemblies, which have not resulted in loss of life, structures, and natural resources within this area. Accordingly, this proposal will comply with Policy 4. 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 Subiect ~roposal is not ao~licable to this policy in that it will have no effect to the water quality/supply within the surroundin(] area. 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 Subject proposal will maintain the quality of the surrounding ecosystem in that the proposal is typical of this section of Little Pond, which has not resulted in significant effects to the surrounding ecosystem. Accordingly, this proposal will comply with Policy 6. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal is simply to improve subject property with a dock assembly which will not result in any form of adverse effects to air quality. Accordingly, this proposal is not applicable with this oolicv. 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 Subject proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic oollutants, petroleum products. Attach additional sheets if necessary 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 Subject [~rooosal is not aDolicable to this policy in that the proposal is attendant to a private dwelling. Regardless, this oroiect will not impede anv access to the surface waters in and around subject property and/or become detrimental to the recreational use of the surroundinq resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section Ill - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subject orooosal is applicable in that a water-dependent use li.e. access to surface waters; boating) is being sited onto a waterfront parcel, however, with reqards to this Policy's concerns with marinas, aquaculture, etc..., this proposal is not applicable due to this proposal involving only a private docking assembly. 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 Subject proposal is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...). 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 [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal agricultural production, etc...I 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 [] Not Applicable Subject proposal is not applicable in that the proposal does not involve the conservation of enemy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 5/25/05 11:20 AM DA VIES FAMILY TRUST Property ~ Proposed Dock Structure Situate: ~585 Pine Tree Road; Cutchogue; Town of Southold, New York SCTM #: 1000 - 104 - o3 - 00~ SITE PLAN DETAIL I1 BRICK WALK Proposed Fixed Elevated Catwalk {4.ff x Proposed Hinged Ramp [3.0' x Proposed Floating Dock [6.ff x 20.0' -3.8'-+ ~, * -4.3'-+ , PROJECT DESCRIPTION: Applicant proposes to construct a docking assembly off the eastern shoreline of subject property consisting of the following: FIXED ELEVATED CATWALK measuring 4.0' wide x 64.0' long (supported by eighteen ~18~ pilings); HINGED RAMP measuring $.0' wide x 15.0' long; FLOATING DOCK measuring 6.0' wide x ~0.0' long (secured by four ~42 pilings). All materials to be non- treated (Fir, Oak, Cedar, etc...) and all hardware to be hot-dipped galvanized. NOTE: Soundings pursuant to the underwater topographical contours as obtained by PECONIC SURVEYORS, P.C. (see attached survey, last dated August 9, 2010). Date: Scale: Drawn by: Comments: SUFFOLK ENVIRONMENTAL CONSULTING, INC. P.O, Box 2003 * Bridgehampton · NY · 11932 (631) 537 - 5160 (phone) (631`) 537 - 5291 (facsimile') I / OF DA VIES FAMILY TRUST Propertf ~ Proposed Dock Structure Situate: ~$85 Pine Tree Road; Cutchogue; Town of Southold, New York SCTM #: 1000 - lO4 - O3 - OO~ SOUTH ELEVATION Date: Scale: Drawn by: Comments: 98.0' _ i "Proposed Fixed Elevated Cat*talk [4.0' x 64.01 AItW Proposed Pilings {10 total 20.0' -3'8'+- -4.3'± -1.l'± Proposed Pilings 112 total 0 6" x 6"1 ^LW PROJECT DESCRIPTION: Applicant proposes to construct a docking assembly off the eastern shoreline of subject property consisting of the following: FIXED ELEVATED CATWALK measuring $.0' wide x 6~.0' long (supported by eighteen E18~ pilings); HINGED RAMP measuring $.0' wide x 15.0' long; FLOATING DOCK measuring 6.0' wide x ~0.0' long (secured by four E~ pilings E6" x 6"] ). All materials to be non-treated (Fir, Oak, Cedar, etc...) and all hardware to be hot- dipped galvanized. August i o, zo ~ o mch NOTE: Soundings pursuant to the underwater topographical contours as obtained by PECONIC SURVEYORS, P.C. (see attached survey, last dated August 9, 2010). P.O, Box 2003 · Bridgehampton · NY 11932 .~ OF Z