The URL can be used to link to this page

Home My WebLink About1000-140.-1-8 OIFFICE 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 To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: November 16, 2010 Re: Proposed Wetland Permit for DON JAYAMAHA SCTM# 1000-140-1-8 Costello Madne Contracting Corp. on behalf of DON JAYAMAHA requests a Wetland Permit to construct a 4'X 94' fixed dock with a 6'X 20' "T" section offshore end, with open grate decking. Located: 243 Maiden Lane, Mattituck. SCTM#140-1-8 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 ail ^ndros 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 standards pursuant to § 275-11. Construction standards have been met. following dock and operation (b) Dock locations and lengths. [Amended 10-11-2005 by L.L. No. 17-2005] [1] No dock shall be erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation, fisheries, shell fisheries, scenic quality, habitats or wetland areas. A commercial marina is located opposite the proposed dock structure. It is recommended that the Board determine the size of the vessels which are moored at the southem finqer of the commercial marina and vessel proximity to evaluate impacts to navi,qation as a result of the proposed action. [2] Within creeks and other narrow waterways, no dock length shall exceed 1/3 the total width of the water body. Determination of the length of the dock must include the dimensions of the vessel. A proposed vessel is not shown on the survey. (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 impair navigation or be located in an area of high vessel traffic or vessel congestion; The proposed action is located opposite to an existing commercial marina. The survey does not show the distance between two potential vessels; One moored on the south of the existing finger pier and one at the end of the proposed dock. The width of the navigable channel is therefore, unknown. [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 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 commemial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts. 9.4 Assure public access to public trust lands and navigable waters. Eo 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: when necessary for practical and convenient operation of water-dependent industry or commerce, and provided that obstruction of commercial navigation does not result. bo 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. Figure 1. Subject property. Figure 2. Subject property and proximity of vessels. Photo date September 20, 2010 Figure 3. Subject property and vessel proximity. Photo date September 20, 2010 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 taw. Thus, the a~tion should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximin 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. gs A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown. nortlffork.nat), the Board of Trustees Office, the Planning Deparlment, all local libraries and the Town Clerk's office. - -- DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ]q{~) / ~ r",e ,'ppli, t o,, ,ubmi,,ed ,o check ro ,riate response): I. Catego. of*ow~ o~'So~thold a~e,,cy a,~tion (c~e,,k app~pria~e respo.~): A '~ ~' V''° (a) Co) (c) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [-~ Financial assistance (e.g. grant, loan, subsidy) - ~ 2010 Permit, approval, license, certification: Nature and extent of actionh 1 Site acreage: · 6 tlc F~-- Present zoning ¢lassifi~ion:~- ~ If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name ofapplicant: ]~tSH / (b) Mailing address: ,~./'7t_~ ./~/_,~_~Jq Lto_~/t~ _ ~c~ ~relephon¢ n~r: ~ Code ~ ~ f~/-~" ?D q '7 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes¢ No[--] Ifyes, which stateor federalagency? ~,, ~, ~cr 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 Attach additional sheels if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of 8outhold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ['--~ Yes [-~ N°~N°t Applicable ACk, ch additional she~s if necessm'y Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section HI - Policies Pages 6 through 7 for evaluation criteria Yes ~-~ No ~-~ Not Applicable ~ .~'~ f ~ ~ I--3e(~_~-~ ~ -~ __ AOach additional sheets if necessary NATURAL COAST POLICIES Policy 4. 1Minimiz~ loss of life, structures, and ~atural resources from flooding and erosion. Sec LWRP Section IH - Policies Pages 8 through 16 for evaluation criteria [] Yes[-~ No~NotApplicable r--p~o~~ ~- 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 Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems includinR Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - 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. Atlach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southoid from solid waste and hazardous substances and wastes. Sec LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. r'~Yes~N°/~'N°tApplicable''' ~l. Ot~,~ .~:~o O_'~{~ad 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 Southoid. 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 Southold'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. fiYes [] No [] Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonic Estuary and Town waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. [-~ Yes~N° [--~ N°t Applicable '~r~_--~:~ 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. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resollrces. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [-~ Yes ~ No~ot Applicable"~-~_. _ ar~/~ Created on 5/25/05 11:20 AM · Date: To: Client: Proposal: September 29, 2010 Southold Town Trustees and Mark Terry Don Jayamah - 243 Maiden Lane, Mattituck Construct a 3'x10' ramp onto a 3'x27' fixed dock with a canoe storage rack. Tnstall one swim ladder. DEVELOPED COAST POLiCiES Policy I Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infra=bdcture, makes beneficial use of a coastal IocaUon, and minimizes adverse effects of development. Our proposal is consistent with this policy in that it a dock structure that will be utilized by the property owner to access water deep enough to use a small boat. Our proposal makes beneficial use of this waterfTont location. Waterfront property is the only appropriate location for a dock. The addition of this structure wilt not increase adverse effects on development. Policy 2 Preserve historic resources of the Town of Southold. This project location has no significant histodc resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal will not have a negative impact on the visual quality or scenic resources. Any disturbance to the indigenous vegetation during the initial construction is expected to re-establish within a season's time. The size of our dock structure is small and more than appropriate for this area. We are proposing a small 4' wide structure to access deeper water. NATURAL COAST POI.Z(;~[E$ Policy 4 Minimize loss of life, ~res, and natural resources from flooding and erosion. Our proposal has no impacts on the flooding or erosion of natural resources. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will not have any impact of the water quality or supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. Our proposed dock facility will have minimal effects on the ecosystem. During the initial construction there will be a disturbance to the ecosystem mainly while setting the pilings to support the dock. This area will easily re-establish itself within one season. We have submi~ced applications to all other governing agencies (DEC, ACOE, DOS) and we will adhere to any special conditions placed on this project in order to protect the wetlands on this site. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will not have any impact on the air quality in the Town of Southold. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous suba:-nces and wastes. Our proposal will not influence the environmental degradation in the Town of Southold from solid waster and hazardous substances and wastes. PUBLZC COAST POI. ZCZES Policy 9 Provide fur public access to, and recreational use of, coa=l~l waters, public lands, and public resources of the Town of Southold. Our proposal will give the property owner the ability the access his boats and engage in the recreational use of coastal waters. The dock will not inhibit others ability to access these same waters. WORKING COAST POI TCTES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. This is a waterfront piece of property. With the addition of this dock facility the property owner will be able to engage in water-dependent activities such as kayaking, fishing, site seeing, and swimming. Policy 1.]. Promote sustainable usu of living marine resources in the Town of Southold. Our proposal is minimal in size so there won't be much impact on the living madne resources. The dock will be only be 4' wide and decked with grate decking minimizing bhe shading of the existing vegetation. The structure will also be constructed a minimum of 3 1/2 feet over grade allowing for significant sunlight penetration. With adequate sunlight penetration, the wetlands will continue to thrive allowing them to maintain their function of providing food and shelter for small fish. Policy 12 Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. Our proposal will not have any impact on the development of energy and mineral resources. 0 ~0~ f · z:~oC..w...z~,~