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Home My WebLink About1000-104.-9-10 O~'I~'ICE 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: May 18, 2011 Re; Proposed Wetland Permit for ANN MARIE MOSCHITTA SCTM#1000-104-9-10 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. En-Consultants, Inc. on behalf of ANN MARIE MOSCHITrA requests a Wetland Permit to install onto end of existing 4'X 90' fixed dock a seasonal 3'X 20' aluminum ramp and 6'X 20' timber float secured by (2) 8" dia. pilings. Located: 1800 Broadwaters Rd. Cutchogue. SCTM#104-9-10 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 CONSISTENT with the LWRP and listed policy standards provided that the Board assesses the following: The proposed vessel dimensions have not been identified. 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 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; A net loss in public use of waterways is expected as a result of the extension of such structure in/on public waterways. The proposed vessel dimensions have not been identified. [5] Whether the dock will cause degradation of surface water quality and natural resources; The area is shallow and increased turbidity and/or bottom scardnq may occur form vessel operations. As indicated above, the proposed action is located within a New Yorl~ State Department of State Siqnificant Fish and Wildlife Habitat Area, a New York Stato Critical Environmental Area and a Peconic Estuary Critical Natural Resource Area. It i~ recommended that the Board assess the proposed action to the below dock structure Best Mana.qement Practices. Dock structure should: 2. allow a minimum of fifty pement (50%) irradiance to the substrate; and [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 cdt/cai 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 miti.qatn the local impacts from the dock structure. ' [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wet/ands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia madtima) or shellfish; There is a hiqh probability that commercially valuable shellfish species occur in thn 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 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS l. A~a~Iicantsf~rpermits*inc~uding~wnofS~uth~dagen~ies~shaI~c~mp~etethisCCAFf~r pr0p0seda¢li0nsthataresub)ctt0theT0wn0fS0uth01dWaterfr0ntC0nsistencyReview Law. This assessmentisintended to snpplement0therinf0rmati0n used byaT0wn 0f$0uth01d agency in m a k in g a d ete r m i n a ti0 n 0 f c 0 n s is t e n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus,~ each answer must be explained in detaii,~ listing both supporting and non- sup~ortine facts. 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 Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 104 9 . I0 PROJECT NAME ANN MARIE MOSCHITTA The Application has been submitted to (check appropriate response): TownBoard ~] Planning Board ~] Building Dept. ~ BoardofTrustees[~ 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) ~ .,5 (b) Financial assistance (e.g. grant, loan, subsidy)~. ~] (c) Permit, approval, license, certification: [~ Nature and extent of action: Install onto end of existing 4' x 90' fixed dock a seasonal 3' x 20' aluminum ramp and 6' x 20' timber float secured by (2) 8" - diameter pilings, as depicted on the project plan prepared by En-Consultants, Inc., dated April 5, 2011. Location of action: 1800 BROADWATERS ROAD, CUTCHOGUE Site acreage:, 0.82 ACRE Present land use: SINGLE-FAMILY DWELLING 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: ANN MARIE MOSCHITTA (b) Mailing address: 139 COLONIAL PARKWAY MANHASSET, NY 11030 (c) Telephone number: Area Code 516-319-6604 (d) Application number, if any: 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? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~] Yes [~ No [~ Not Applicable Attach 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 [-~ No ~] Not Applicable The project is consistent with Policy 3 to the extent it is applicable because the surrounding shoreline is characterized by floating docks and ramps at the ends of fixed catwalks, and the proposed structures would be similar to and situated in line with those docks. 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 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 X Yes [--] No [~ Not Applicable The project will be consistent with Policy 5 to the extent it is applicable because, as required, the float's decking will consist of untreated timber, and the ramp will be aluminum. 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 The additiof~a ramp & float would be installed seasonally; would not be located over any wetland or aquatic vegetation; and would be consistent in length with the pier line set by the similarly constructed neighboring docks and thus have no significant adverse impacts on the quality or function of the adjacent ecosystems. 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. [--] Yes [--] No [~ Not Applicable 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. 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 V-~ No ~ Not Applicable The addition of a seasonal ramp and float to the existing fixed dock will not interfere with public access to or recreational use of the surrounding coastal waters or public lands of the Town of Southold. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Profect Southold's water-dependent uses and promote siting of new water-dependent suitable locations. See LWRP Section III - Policies; Pages 47 through 5~ for evaluation criteria. ~ Yes ~ No [~ Not Applicable uses in 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 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 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. I--] Yes [--] No [~] Not Applicable PREPARED BY '~-- ~ ROBERT'tL HERRMANN TITLE COASTAL MGMT SPECIALIST DATE 4/15/11 Amended on 8/1/05 PROPOSED 6' x 20'~ ' SEASONAL FLOAT PROPOSED 3' x 20'~ ALUMINUM RAMP EX. 4' x 90" / FIXED CAT%/ALK '- HA Y'WA COVE ..-" ~~,PROP, 8' PILE (TYP.) -t' - 8' '$ /. IM / 1' = 60' 1319 NO'~TH ~'~:'' i . ~ ~RVE"r' OF LOT # 2(21 "AMENDED MAP A OF NASSAU POINT C, LUB PROPERTIES" FILED A5 MAP # 51TUATE: NASSAU POINT TOINN: .5~2blTHOLD SUFFOLK COUNT'K, NY .5~UR'CEYED AU®. h6, 2OIO t~-.E¥15ED FEB. I, 2OII APRIL 20, 2OII ~Ut=FOLK. GOt)NTT' TAX IOOO- IO4- q - IO /¢,:, 4, ANT~O~ MOSC1.-~TrA ?ROpOs£9 3' × SHORE NOTES, · MONUMENT O PIF~ TIDAL J/~ETLAND~ BO~NDAR'f' 51qOHN THUS I~ AE~ DELINEATED Bh" EN-CON.51.JLTANTS,, lNG., 2-4-11 FLOOD ZONE LINE FROM FIRH HAF'~ ~10~C.0164H 5Et"'IEMBER 25, 2OOq 5OUNDINC-5 t;2dEFERENC, E LOH HATER A5 EL=O.O' AREA = ~5,~2 ~ FT OR O.8~2 AC.t;2-.E5 ®RAPHIC, E~C, ALE I"=