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Home My WebLink About1000-75.-6-7.2 OrYICE LOCATION: Town Hail Annex 54375 State Route 25 (cot. 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: May 18, 2011 Re: Proposed Wetland Permit for JOSEPH BRANTUK SCTM#1000-75-6-7.2 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. Costello Marine Contracting Corp. on behalf of JOSEPH BRANTUK requests a Wetland Permit to construct a 4'X 20' ramp onto a 4'X 57' open-grate decked catwalk to a 4'X 69' open-grate decked fixed dock with a 32"X 12' seasonal aluminum onto a 6'X 20' seasonal float secured by two 2.5" dia. galvanized steel pipes; and install three 8" dia. mooring piles. Located: 44632 Main Rd., Southold. SCTM#75-6-7.2 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of $outhold 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. Please have the applicant clarify the notation on the plan "Proposed 40' wide property expansion". Please verify that the property owner has provided "written consent of all parties havinq an interest in the r qht-of-way". The proposed vessel dimensions have not been identified. Figure 1. Subject parcel. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other/ands 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, she#fishing, waterskiing and other water-dependant activities; A net loss in public use of waterways is expected as a result of the construction of such a structure in/on public waterways. The proposed vessel dimensions have not been identified. The distance of the mooring piles from the floating dock requires clarification on the size of an expected vessel and/or number and orientation of vessels moored. [5] Whether the dock will cause degradation of surface water quality and natural resources; The area is shallow and increased turbidity and/or bottom scardn.q may occur form vessel operations. As indicated above, the proposed action is located within a New York State Department of State Siqnificant Fish and Wildlife Habitat Area, a New York State Critical Environmental Area and a Peconic Estuary Critical Natural Resource Area. It is recommended that the Board assess the proposed action to the below dock structure Best Manaqement Practices. Dock structure should: 2. allow a minimum of fifty pement (50%) irradiance to the substrate; and 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, that the Board require the establishment of a veqetative buffer (unspecified width) to mitigate 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 madtima) or shellfish; There is a hiqh probability that commercially valuable shellfish species occur in the proposed location of the dock structure. [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 project 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. The answer to this question has not been provided. 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 placement of a private residential dock structure in public trust lands and/or waters results in a net loss of public use of such lands and water. 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 Joseph Brantuk '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. *F~cept 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.norflffork.net), the Board of Trustees Office, the Planning Depat;ment, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION 75 6 7.2 SCTM# The Application has been submitted to (check appropriate response): Town Board ~ Planning Dept. ['--] Building Dept. ~'~ 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 and extent of action: Construct a 4'x20' ramp onto a 4'x57' open-grate decked catwalk to a 4'x69' open-grate decked fixed dock with a 32"x12' seasonal aluminum ramp onto a 6'x20' seasonal float secured by two 2.5" diameter galvanized steel pipes. Install three 8" diameter mooring piles. Location of action: 44632 MAIN ROAD, SOUTHOLD Site acreage: 5.31 ACRES Present land use: SINGLE FAMILY RESIDENCE Present zoning classification: R-40 RESIDENTIAL LOW DENSITY AA 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: JOSEPH BRANTUK (b) Mailing address: 4 THIRD STREET GARDEN VITY, NY 11040 (c) Telephone number: Area Code ( ).516.746.4348 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~] No II If yes, which state or federal agency? NYSDEC, NYSDOS, ACOE 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 coastar location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~-]Yes ~'~ No ~-~ Not Applicable PLEASE SEE ATTACHED 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 PLEASE SEE ATTACHED , AUach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [---] Yes R No ~] Not Applicable PLEASE SEE ATTACHED Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from floodinoo and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [-'-] Yes ['-] No ~'q Not Applicable PLEASE SEE ATTACHED 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 PLEASE SEE ATTACHED Aaach 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 r~No~-~ Not Applicable PLEASESEE ATTACHED Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Soutbold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [1.] Yes ~--]No~ Not Applicable PLEASE SEE ATTACHED 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 PLEASE SEE ATTACHED 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. ~-] Ye~ No~] Not Applicable PLEASE SEE ATTACHED 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 Ill - Policies; Pages 47 through 56 for evaluation criteria. [~Yes ~'~ No ~-~ Not Applicable PLEASE SEE ATTACHED 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 PLEASE SEE ATTACHED 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 PLEASE SEE ATTACHED 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 PLEASE SEE ATTACHED Created on 5/25/05 II:20AM Date,: To: Client: Proposal: April 26, 2i)11 Southold Town Trustees and Mark Terry Joseph Brantuk Construct a 4'x20' ramp onto a 4'x57' open-grated decked catwalk to a 4'x69' open-grate decked fixed dock with a 32"x12' seasonal aluminum ramp onto a 6'x20' seasonal float secured by two 2.5" diameter galvanized steel pipes. Install three 8" diameter mooring piles. DEVELOPED COAST POLICIES 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. Our proposal is consistent with this policy in that it a dock structure that will be utilized by four property owners which makes beneficial use of this waterfront location. The dock is minimal in size for this use. Policy 2 Preserve historic resources of the Town of Southold. This project location has no significant historic 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. In an effort conserve waterfront space our client is proposing a single dock to be used by multiple property owners. This will eliminate the future proposal/construction of additional docks in this area. NATURAL COAST POLICIES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. Our proposal has no impacts on the flooding or erosion of natural resoumes. 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 but this area will easily re-establish itself within one season. We have submitted application 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 substances and wastes. Our proposal will not influence thc envimumental degradation in thc Town of Southold from solid waster and hazardous substances and wastes. 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. Our proposal will give thc property owners the ability the access their boats and engage in the recreational use of coastal waters. Thc dock will not inhibit others ability to access these same waters. Pa~e 2 of 2 LWRP for Brantuk WORKING COAST POLICIES 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 access his boat to engage in water-dependent activities such as kayaking, fishing, site seeing, water-skiing and swimming. PoHcyll Promote sustainable use 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 marine resources. The dock will be only be 4' wide and decked with open-grate decking minimizing the shading of the existing vegetation. The structure will also be constructed a minimum of 3 ½ 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. e ~l,o..,be,c &tm4 M~IMam~, ~.X a~p.~