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Home My WebLink About1000-114.-9-14.1 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: October 15, 2010 Re: Proposed Wetland Permit for WILLIAM & DOLORES KREITSEK SCTM#1000-114-9-14.1 Suffolk Environmental Consulting, Inc. on behalf of WILLIAM & DOLORES KREITSEK requests a Wetland Permit to construct a fixed catwalk (including entry ramp and seaward access ladder) measuring 3'X 100', supported by thirty-two (32) pilings (4"X 4"), comprised of non-treated materials. Located: 2455 New Suffolk Ave., Mattituck. SCTM#114-9-14.1 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. Figure 1. Subject Parcel 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: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; The proposed dock is 100 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; 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; [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 The placement of private residential docks within this freshwater wetland system would adversely affect the open space character of the water body. An alternative design structure consistinq of a seasonal, temporary structure would miti,qate the potential cumulative impacts to the system. 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. 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. Use the following factors in assessing potential adverse impact: potential for interference with navigation, public uses of waterway, and riparian rights, The proposed action (if approved) would result in the perpetual loss of use of public trust lands and riparian rights. 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. Provide for free and unobstructed public use of all navigable waters below the line of mean hi(Ih water for naviqation, recreation, and other public trust purposes, including the incidental ri.qhts of public anchorin.q. 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: when necessary for practical and convenient operation of water- dependent industry or commerce, and provided that obstruction of commercial navigation does not result. for commercial recreational boating facilities provided that: (i) (ii) (i) (ii) (iii) (iv) the loss of navigable waters and use of underwater lands is offset by sufficient public benefit, and obstruction of commercial navigation does not result. when the principal purpose of the structure is necessary: to provide public access for recreational uses for improvements for navigation for protection from coastal hazards, or for essential public transportation and transmission facilities. The proposed action does not meet the above criteria, has been identified as a recreational use and therefore does not warrant extending beyond the "minimum necessary" over public trust waters for the launching and retrieval of non-powered vessels. It is recommended that the Board evaluate whether the proposed 100' dock structure will "extend beyond the minimum necessary for access to navigable waters" to meet sub-policy 9.4 above. Ensure that interference with passage along the shoreline is limited to the minimum extent necessary to gain access from the upland to the water. Further, two public access points to the lake exist: The Marratooka Lake Preserve, Mattituck, New York, was donated to the Town Southold in 1997 by The Nature Conservancy, Long Island Chapter. The approximately 11-acre preserve was originally donated to The Nature Conservancy in 1973 by Mr. & Mrs. Willard J. Heggen. The Marratooka Lake Preserve consists of 10.7 acres on the north shore of Marratooka Lake. Approximately 8 acres, or 80% of the Preserve, is successional shrubland. Most of this area is former pasture, hayfield, and cropland. Parks, Beaches & Open Space Work Plan (1983) identifies the parcel to the east of the subject parcel as Marratooka Lake ~ South, Mattituck 115-3-23.1 a 1.9-acre waterfront parcel used for fishing access to Marratooka Lake and lake vista. The public access point located on this property is available to launch non-powered vessels. This ramp i.~ located 480'+ from the parcel (see Fi.qure 2) Figure 2. Subject lot and proximity to public vessel launch. Provide access using methods and structures that maintain and protect open space areas associated with natural resources. Determine the extent of visual and physical impairment by structures extending through these open space areas based on: the value of the open space as indicated by un-fragmented size or mass of the wetland or other natural resources, distance to navigable water, and wetland value. 2. the size, length, and design of proposed structures. As indicated above, a public vessel launch is located east of the property and is available to the landowner. Therefore, public access to the water body currently exists. 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 fo/lowing standards are required for all operations within the jurisdiction of the Trustees: Erosion control. Installation of an erosion control structure is necessary du#ng 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. Further if the action is approved, to further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6; Protect and Restore the Quality and Function of the Town of Southold Ecosystem it is recommended that a landscaped buffer (width to be determined) be required landward from the edRe of wetlands, An example definition is provided below for your use. LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, FLOOD-tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] The purpose of the buffer is to reduce the area of turf adiacent to the wetland system and reduce water quality impacts from developed areas. 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 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 Planning~E[el~b~nent, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION~ SCTM# 114 - 09 - 014.001 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Category of Town of Sonthold agency action (check appropriate response): (a) Action undertaken directly by Town agquclt~e~g.' ~ construction, planning activity, agency r~t~!a.t!on, 17 tr~an~sac~tlon)--~ ~ (b) Financial assistance (e.g. grant, loan, subsidy¢ (c) Permit, approval, license, certification: ! [] Nature and extent of action: i t : Applicant seeks approval to construct a Fixed Elevatelfl Catwalk (including eotry.x~ and seaward access ladder) measuring 3.0' wide x 100.0';lon~mp!5"oi:~ed by thirty - two (32) ~ .~ pilings (4.0 x 4.0 ), comprised of non-treated matelaab, all in~ade~to obtain practmal access onto Marratooka Lake. Please note that the C:it,3ea~ll~"~ll only extend 24.0' from the normal high water line into the lake. Attach additional sheets if necessary Location of action: 2455 New Suffolk Avenuel Mattituck; Town of Southold~ New York Site acreage: 1.2 acres ± Present land use: Improved with single-family dwelling and related appurtenances Present zoning classification: 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: WILLIAM & DOLORES KREITSEK (b) Mailing address: P.O. Box 941; Mattituck, New York 11952 (c) Telephone number: Area Code ( 631 ) 283 - 4800 (d) Application number, if any: N/A Will the action be directly undeffaken, 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 Subject proposal is consistent with this policy in that the proposal to construct a docking assembly within this property_ is characteristic of waterfront communities. In addition, this project will be in harmony with the "...beneficiM use o£~ co,scM loc~Cion...", in that the legally created residential waterfront (i.e., lakefront) will be enhanced by the inclusion of the proposed docking assembly in order to provide practical access to Lake Marratooka. Accordingly, we believe that this project is consistent with this policy. 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 This proposal is not applicable to this Policy. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable This proposal is not applicable to this Policy. 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 This proposal is not applicable to this Policy. 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 This proposal is not applicable to this Policy. 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 This proposal is not applicable to this Policy. 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 This proposal is not applicable to this Policy. 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 This proposal is not applicable to 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 III - Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable This proposal is not applicable to this Policy. 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 proposal is applicable in that a water-dependent use (i.e. access to surface waters; boating) is being sited onto a waterfront parcel, however~ with regards to this Policy's concerns with marinas, aquaculture, etc..., this proposal is not applicable due to this proposal involving only a private docking assembly. 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...). 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...) 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 Subiect proposal is not applicable in that the proposal does not involve the conservation of energy 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 Created on 5/25/05 l l :20 AM PROPOSED DOCK ASSEMBLY PLAN for the KREITSEK Property Situate: 2455 New Suffolk Avenue · Mattituck · Town ofSouthold · New Ynrk · SCTM #: 1000 114--09 - 014.1 SITE PLAN NOTE: Freshwater Wetlands Boundary delineated by Robert Fox on July 18, 2003. PROJECT DESCRIPTION Applicant proposes to construct a docking assembly off the northern shoreline of property in order to provide access onto Marratooka Lake. Project specifications are as follows: (1) FIXED ELEVATED CATWALK (including entry ramp and seaward access ladder) measuring 3.0' wide x 100.0' long, supported by thirty-two (32) pilings (4.0" x 4.0"). All materials to be non-treated (i.e., Fir, Oak, Cedar, and/or open-grate fiberglass top decking). All hardware to be hot dipped galvanized. Date: October 29, 2009 Scale: Drawn by mall .... ' - ~n~, _~dapted trom Lhe s~te map ::I subject proper~k x~l pr'~ll~dre'J i~ 8[.4 LEiK EL ~I ~PPtNG PROPOSED DOCK ASSEMBLY PLAN for the KREITSEK Property Situate: 2455 New SuffOlk Avenue · Mattituck · Town of Southold · Ne~a York · SCTM *r: 1000 -~ 114 --09 .-- 014.1 [' ~iTE ~LpT~q' DETAIL 1 NOTE: Freshwater Wetlands Boundary delineated by Robert Fox on }uly 18, 2003. Scale Drawn by: PROIECT DESCRIPTION Applicant proposes to construct a docking assembly off the northern shoreline of property in order to provide access onto Marratooka Lake. Project specifications are as follows: (1) FIXED ELEVATED CATWALK (including entry ramp and seaward access ladder) measuring 3.0' wide x 100.0' long, supported by thirty-two (32) pilings (4.0" x 4.0"). All materials to be non-treated (i.e., Fir, Oak, Cedar, and/or open-grate fiberglass top decking). All hardware to be hot-dipped galvanized , ;cu,be~' 29, 2009 _ SUFFOLK ENVIRONMENTAL CONSULTING, INC 1.0': 10.0 ~ :~,,~ :: ~u~h~,~, ,~ . =ldapted lioin the siee map o~ :ubjec: p:ol-ez[:, t~ ix:opiated b: SE ~ =h., LI ,1 ~Pl 1;,,~ , : PROPOSED DO(iK ASSEMBLY PLAN fbr the KREITSEK Property- Situate: 2455 New Suffolk Avenue · Mattituck · Town of Southold, Ne~ York · SCTM #: i000 - 114 - 09 014.1 CROSS-VIEW NOTE: Freshwater Wetlands Boundary delineated by Robert Fox on July 18, 2003. IOO' Proposed Aec. ess I~dder Proposed Pilhtg [4" x 4"} Normal High Water £aawn bs: Edge of Wellands as per R. Fox [7 18 200.~} PROJECT DESCRIPTION Applicant proposes to construct a docking assembly off the northern shoreline of property in order to provide access onto Marratooka Lake. Project specifications are as follows: (1) FIXED ELEVATED CATWALK (including entry ramp and seaward access ladder) measuring 3.0' wide x 100.0' long, supported by thirty-two (32) pilings (4.0" x 4.0"). All materials to be non-treated (i.e., Fir, Oak, Cedar, and/or open-grate fiberglass top decking). All hardware to be hot-dipped galx anized. 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 ,..j From: Mark Terry, Principal Planner ~,~,'~""-~ LWRP Coordinator Date: October 15, 2010 Re: Proposed Wetland Permit for WILLIAM & DOLORES KREITSEK SCTM#1000-114~9~14.1 Suffolk Environmental Consulting, Inc. on behalf of WILLIAM & DOLORES KREITSEK requests a Wetland Permit to construct a fixed catwalk (including entry ramp and seaward access ladder) measuring 3'X 100', supported by thirty-two (32) pilings (4"X 4"), comprised of non-treated materials. Located: 2455 New Suffolk Ave., Mattituck. SCTM#114-9-14.1 The proposed action has been reviewed to Chapter 266, 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 i% INCONSISTENT with the LWRP. Figure 1. Subject Parcel