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HomeMy WebLinkAbout1000-137.-4-14.1 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: June 22, 2011 Re: Proposed Wetland Permit for EVAN GINIGER SCTM#1000-137-4-14.1 The proposed action is located within a New York State Department of State Significant Fish and Wildlife Habitat Area, a New York State Critical Environmental Area and a Peconic Estuary Critical Natural Resource Area. Suffolk Environmental Consulting, Inc. on behalf of EVAN GINIGER requests a Wetland Permit to construct a 4'X 46' fixed elevated catwalk supported by six (6) 4"X 4" pilings and six (6) 6'X 6" pilings; 3'X 15' hinged ramp; and a 6'X 20' floating dock secured by two (2) 6"X 6" pilings. Located: 315 Fleetwood Rd., Cutchogue. SCTM#137-4-14.1 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 LWRP and listed policy standards provided below. Lower water depth ] J Bottom scarring Dock location Figure 1. depth. Subject parcel showing frequent and repeatable bottom scaring and Iow water Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal an6 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 The applicant fails to prove that the action meets the following requirements § 275-11 Construction and operation standards C. 2 (d) of the Southold Town Code: (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; Chapter 275 requires that the determination of the len.qth of the dock must include the dimensions of the vessel. The dimensions of a vessel are not specified. Based upon aerial photos the location of the dock is proposed in an unmarked, shallow channel. The area appears to contain Iow water depth and frequent bottom scarinq by vessels naviqatin,q the area. It is recommended that the Board assess the dock length with a vessel and determine of the proposed dock complies with the 1/3 rule. [3] Whether the dock will unduly interfere with transit by the public along the pubfic beaches or foreshore; See above comment. [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. It is recommended that in the event the action is approved, a significant non-disturbance buffer encompassing the wetland vegetation be established to miti.qate the local impacts from the dock structure. [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 she#fish; In the event that the action is approved, it is recommended that .qrid deckinq is required over areas containinq wetland vegetation to minimize shadinq of existing wetland vegetation. [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 construction method has not been identified. § 275-11 Construction and operation standards requires that all intertidal construction and excavation employ the installation of a silt boom that will retain all suspended sediments within the immediate proiect area. [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. Limit grants, leases, easements, permits or lesser interest in /ands 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 construction of a dock structure on public underwater lands would result in a net decrease of public use of such lands. 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, lfan 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. . . . :ii B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 137 04 014.1 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: AI}l}licant I~rol}oses to construct a docking facility off the northern section of sub.}ect property and the shoreline of Fleet's Cove/Eugene's Creek. Attach additional sheets il' necessary Location of action: Site acreage: 315 Fleetwood Road; I~utchogue; Town of Southold, NY 0.573 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: Evan Giniger (b) Mailing address: 205 West 76th Street; Apt. PH3D~ New York~ NY 10023 (c) Telephone number: Area Code ( 212 ) 209 - 1175 (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 Subject proposal is consistent with the policy in that the sitinq and utilization of the proposed dock assembly will maintain the character of the surrounding neiqhborhood, which currently consists of many similarly-improved residential lots with similar accessory structures (i.e. dock assemblies along Fleet's Cove). In addition, subject proposal will be in harmony with the "...beneficial use ora coastal location..." in that the legally created residential waterfront (i.e. coastal) lot will be enhanced by the inclusion of the proposed dock assembly in order to access tho conticluous 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 archaeoloqical resources within the surrounding area. 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 Subiect prooosal will not adversely impact the visual quality 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 greater, size and scope. Scenic resources, assumedly views of Fleet's Cove and Euqene's Creek, are not at risk due to the proposed dock assembly being typical of the character of this section of waterfront. Accordingly, this proposal will comply 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 Subject proposal will fully comply with Policy 4 in that the proposed dock assembly is designed to be comparable in desion and scope 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 Subject proposal is not applicable to this policy in that it will have no effect to the water quality/supply within the surrounding 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 Fleet's Cove, which has not resulted in significant effects to the surroundinq ecosystem. Accordingly, this proposal will comply with Policy 6. Attach additional sheets il' 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 [] Yes [] No [] Not Applicable Subject oroposal is not apolicable 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 policy. Altach 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 oroposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, oetroleum oroducts. 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 Subiect proposal is not apolicable to this policy in that the proposal is attendant to a private dwelling. Regardless, this proiect will not imoede any access to the surface waters in and around subiect property and/or become detrimental to the recreational use of the surrounding 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 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. Attach additional sheets il' necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town Waters. See LWRP Section II1 - 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 manaqement (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...). Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southoid. 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 aqricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal agricultural production, etc...) 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 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 enerqy sources, proper maintenance of fuel storaqe facilitie~, and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 5/25/05 ll:20 AM GINIGER Property Situate: 3 1 5 F'leetx~ o~')d Road: (utc~o~t~e Town oi'South~ld~ S(:TN~ ~: 1ooo 197 Ol- ol SUBJECT PROPERT'f P R 0 P 0 S E D GI IGEI:I Property Situate: ~13 Vlcetx~ood Road:(u~h~ue;Tox~nof'Southold~New York SCTM ~: lOOO Photograph indicating the staked out location of the landward terminus of the proposed catwalk at the landward edge of the tidal wetlands boundary (yellow arrows), and the staked out location of where the proposed catwalk crosses the low marsh (blue arrows), Photograph taken fi'om the northern section of subject property, fhcing northwest, overlooking Fleet's Cove. GINIGEII Property Situate: ,'~ 15 Vleetwood Road; ( utcho~ue. T(mn ~ffSouthoh:l, Ne~ York SC'I'M ~: moo 1~37 O~ Olk. 1 [overlooking Fleet's Cove. Photograph indicating the staked out location of where the proposed catwalk crosses the low marshl (blue arrows. Photograph taken from the northern section of subject property, facing northwest, GINIGEt:I Property Situate: 3 13 Fleetwood Road; ( [itchog-tle; l'ox~n o['Southold, New 5ork S( i~1¢: 1000 137-()~ 01t*.I Photograph indicating the staked out location of the landward terminus of the proposed catwalk at the landward edge of the tidal wetlands boundary (yellow arrows)~ and the staked out location of where the proposed catwalk crosses the low marsh (blue arrows). Photograph taken from the shoreline of subject property, facing south, towards the existing dwelling. I GINIGER Property Proposed Dock Assembly Situate: $15 Fleetwood Road; Cutchogue; Town of Southold, New York ~ SCTM #: 1000 - 157 - O~ - 014,.1 PROJECT DESCRIPTION: Applicant proposes to construct a dock assembly offthe northern shoreline of SITE PLAN DETAIL~.~ subject property in order to access the contiguous surface waters. The proposed dock assembl~ is to consist Scale: 1.0" -- 10.0' + ~ of (1) FIXED ELEVATED CATWALK (~.o' wide x ,~6.0' long) supported by six (6) '~.0" x ~.o" pilings & (Adapted from the Survey of subject property as~ six (6) 6.0" x 6.0" pilings; (~) HINGED RAMP ($.0' wide x 15.0' long); and ($) FLOATING DOCK (6.0' prepared by NATHAN TAFT COR'vVIN, 111, L.S.) wide x ~0.0' long) secured by two (~) 6.o" x 6.o" pilings. All materials to be non-treated, and all hardware to be hot-dipped gaJvanized. All soundings to be referred from the Apparent Low Water mark. ~ 1,51.0'_* Board of Trustees Date: September ~, 20~0 SUFFOLK ENVIRONMENTAL CONSULTING, INC. Scale: As per view Drawn by: mdi P.O. Box 2003. Brid§ehampton · NY. 11932 // OF Comments: Prepared for regulatory submission. (631) 537 - 5160 (phone) ~ (631) 537 - 5291 (facsimile) I · GINIG-ER Property ~ Proposed Dock Assembly Situate: $15 Fleetwood Road; CutchogUe; Town of Southold, New York ~ SCTM #: 1000 - 157 - 0~ - 01~.1 WEST ELEVATION ~ CATWALK Scale: 1.o" = lO.O' + 78.ff± "IIri' 15.0' M' PROPOSED FIXED, ELEVATED CATWALK PROPOSED HINGED ~MP~_ , , , PROPOSED FLOATING DOCK~ ,, ~ '.~~ ~ ~ E~sfing Grade~ ~ ~ ~ ~ ~ ~ ~dal Wetlands Boundary AHW ALW Date: September ~3, 20~0 SUFFOLK E~IRONMENT~ CONSULTING, ~C. Scale: As per vie~ [ Commen[s: Prepared for regulato~ submission. (631) 537 - 5160 (phone) ~ (631) 537 - 529~ (f~csimile)