The URL can be used to link to this page

Home My WebLink About1000-115.-12-7 & 8 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 Fo_x: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jill Doherty, President Town of Southold Board of Trustees From: MarkTerry, Principal Planner LWRP Coordinator Date: May 18, 2011 Re; Proposed Wetland Permit for JOHN AND PATRICIA GARVEY SCTM#1000-1 t5-12-7&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 Pmgrem (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 recommended as INCONSISTENT with the LWRP. The applicant has not sufficiently demonstrated that the proposed action meets the following § 275-11 Construction and operation standards. 2. C. 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 naviqation or be located in areas of hi.qh vessel traffic or vessel conqestion; [2] [11] The width (or representative width) of the vessel moored has not been identified and therefore, the assessment of how far the dock structure projects into the channel is unclear. 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 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; Deep Hole Creek contains one of the hiqhest densities of residential docks in Town waters. The cumulative impacts of the proposed action has not been addressed. [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. 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 tmdertaken. 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# 115-12-7&8 John & Patricia Garvey AGENT: Patricia C. Moore The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees X Zoning Board ofAppeals []_ ~ ~ 1 Category of Town of Southold agency action (check appropriate response): ~5,~ ~ )~j' (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) [] t,~'~ ~/X~ (c) Permit, approval, license, certification: [] Type: Town of Southold LWRP Consistency Assessment Form Nature and extent of action: extension to existing dock Location of action: 600 Deep Hole Drive, Mattituek Site acreage: 20,594 sq.ft. Present land use: house and dock 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: John & Patrieia Garvev (b) Mailing address: e/o Patricia Garve¥ 38 Second Avenue, Massapequa NY 11762 (c) Telephone number: ( 212 ) 768-6786 (d) Application number, if any: __ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X 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 o fa coastal location, and minimizes adverse effects of development. See LWRP Section III- Policies; Page 2for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): existing dockbuilt prior to 1983, grandfather permit #1746, extension to dock for appropriate water depth of-3 MLW Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold See LWRP Section 1II- Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): Developed propert~ Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold See LWRP Section 1II - Policies Pages 6 through 7for evaluation criteria Town of Southold LWRP Consistency Assessment Form 2 Yes [] No [] Not Applicable X Discussion (if appropriate)'- existing dock modification does not cham, e visual quality or scenic resources NATURAL COAST POLICIES Policy4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): minor expandion of dock has no impact on flooding of Policy $. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III - Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): 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 32for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): extension of dock and float reduces impact to underwater land and maintains appropriate water depth Policy 7. Protect and improve air quality in the Town of Southold See L WRP Section lll- Policies Pages 32 through 34for evaluation criteria. See Section III- Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): __ 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 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): Town of Southold LWRP Consistency Assessment Form 3 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 Southolc~ See L WRP Section 1II - Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): existing dock and extension minimal impact on public access~ preserves owners riparian rights 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 56for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): __ 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 62for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): appropriate water depth and seasonal float intended to orotect living marine resources Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section Ill- Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): __ Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): __ *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 PLAN VIEW Applicant: Helen Garvey Surveyed: 02/23/11 SCT# 1000-115-12-7 & 8 Situate: Mattituck Town: Southold Suffolk County, NY Datum: M L W I I 1" = 30' SEA LEVEL MAPPING Box # 366 Aquebogue NY 11931 ROBERT H. FOX NYS PLS# 5O197 Section Proposed Seasonal Ramp 3~x15' Float 5'x18' :2.5' 1" = 20' Extend steps Existing ~ moll Dock10' Exl~tinc~ Tlmlo~r Pock ~ anchor boun¢or~ R Fox