The URL can be used to link to this page

Home My WebLink About1000-18.-6-18.1 OIl'S'ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NYl1971 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: April 20, 2011 Re: LWRP Coastal Consistency Review for Proposed Wetland Permit for SOUTH BROWN LLC SCTM#1000-18-6-18.1 The dock structure is proposed for private, residential use. Hallocks Bay is a listed NYSDEC Critical Environmental Area. SOUTH BROWN LLC requests a Transfer of Wetland Permit #3747 from John Tuthill to South Brown 'LLC as issued on June 22, 1989 and Amended on December 20, 1990, and an Amendment to Wetland Permit #3747 to extend and expand the existing dock with a 4'X 15' landward extension, a 8'X 20' floating dock and two (2) 5'X 30' finger floats. Located: 8070 Narrow River Rd., Odent. SCTM#18-6- 18.1 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. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 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 all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions Figure 1. Subject parcel. In 1988 the Board issued a Wetland Permit (3760) to construct a dock structure. The dock Structure constructed does not conform to permit conditions. The three proposed 8' x 30' floats are not permissible pursuant to § 275-11 Construction and operation standards C. (2)[b][i] Docks below. b] If any part of a residential dock structure includes a float or floating dock, the float or floating dock Portion shall be designed so that, with the exception of the pilings: [ii It is no larger than six feet wide and 20 feet Ionq except on Fishers Island if the need is demonstrated; or of equal square footage as determined by the Trustees; [Amended 12-18- 2007 by L.L. No. 23-2007] Figure 2. Existing dock showing moored vessels (6). September 2010. Please verify the total number of vessels proposed to be docked (long-term). A maximum of three vessels are permitted pursuant to § 280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] C. (3)(a) below. Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subject to the following requirements: There shall be docking or mooring facilities for no more than two boats other than those owned and used by the owner of the premises for his personal use. Further, 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. It is recommended that the Board address each parameter. (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; [5] 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; [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 shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [12] Whether adequate facilities are aVailable to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service [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 also requires that the determination of the length of the dock must include the dimensions of the vessel. The dimensions of a vessel are not specified. 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 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: March 23, 2011 Re: Proposed Wetland Permit for SOUTH BROWN LIMITED LIABILITY CO. SCTM#1000-18-6-18.1 Costello Marine Contracting Corp. on behalf of SOUTH BROWN LIMITED LIABILITY CO. requests a Wetland Permit to construct a 4'X 110' fixed catwalk with a 4'X 10' seasonal ramp onto three (3) 8'X 30' seasonal floating docks secured by 6-8" dia. anchor pilings. Located: 8070 Narrow River Rd., Orient. SCTM#18-6-18.1. I am in need of more information to assess the proposed action, specifically, the proposed use. The use was not indicated in the submitted materials. 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 Coaxtal 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. SCTM# 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 Plann~ Dep~nt, local libraries and the Town Clerk's office. , DESCRIPTION OF SITE AND PROPOSED ACTION ~., , all The Application has been submitted to (check appropriate response): TownBoard [-~ Planning Dept. ~ 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) ' ~-~ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Site acreage: Present land use: '~r~a2_~ lO0.~r~cr~dff?(c~j2Ot, 4~ LC~C4 ~e~ 4T_C'~ ar~¢ t, tRt~( Present zoning clas$iticafion: ~- ~-~F'~? /q /" ?'~/~/qe/"- ~5;7~r'J 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:~c~t~q---'~u~u3n'~,~,~-td La[od, J-ct&. C/o '~oc~a ~[ co) ~tm ~dtess: -Pr~ ¢~6~ glo,. ~,~_4-. iq'/Itq5-7 (c) Telephone number: Area Code ( ) ¢3/ - 7z) :20 -~-~ 6~c~ (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? YesX[~J mo[--] Ifyes, which state or fedeml agency? A(/)~ l ~¥LFD~5i ~y.d.~_x~_ 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 IH - Policies; Page 2 for evaluation criteria. /~-~Yes ~ No ~ Not Applicable - ~CCCt~ ~ ~'ttC~.l~d Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section HI - Policies Pages 3 through 6 for evaluation criteria [] Yes [-~ No ~ Not Applicable Attach additional sheets if necessary Policy 3. ' Enhance vi~a] quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria 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 IH - Policies Pages 8 through 16 for evaluation criteria Attach additional sheets if necessary Policy 5. Protect and improve water qu~lRy 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 qn~lity and function of the Town of Southold ecosystems including Significant Coastal Fish and W'fldlife 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 erlterla. [] Yes ~ No ~ Not Applicabl~ Attach additional sheets if necessary POlicy 8. 1Minimi,e environmental degradation in Town of Southold from solid waste and ha~ardoas substances and wastes. See LVCRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. Yes No ¢( Not Applieahl - 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 IH - Policies; Pages 38 through 46 for evaluation criteria. ~'~ Ye~ 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 IH - Policies; Pages 47 through 56 for evaluation criteria. ~Yes [~ No ~ Not Applicable 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 HI - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~ No [-~ Not npplicabl~-~ Attach additional sheets if necessary Policy 12. Protect agrieulturol lands in the Town of Southold. See LWRP Section IH - Policies; Pages 62 through 65 for evaluation criteria. 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 npplicable__T_~ Created on 5/25/05 11:20 AM Date: February 23, 2011 To: Southold Town Trustees and Mark Terry Client: South Brown Limited Uability CO. c/o Reginald Tuthill 8070 Narrow River Road, Orient Proposal: Allow construction of a 45(110' fixed catwalk with a 4'x10' seasonal ramp onto three 8'x30' seasonal floating docks secured by six 8" diameter anchor piling. DEVELOPED COAST POLTCIES Policy 1 Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient uso of infrastructure, makes beneficial uso of a coa~;-.i IoceUon, and minimizes adverse effects of development. Our proposal will make better use of this waterfront property by extending the existing into deeper water and providing an area for the property owner to access his boat. This extension will not interfere with navigation. The proposal is consistent in size for the surrounding area. Policy 2 Preserve historic resources of the Town of Southold. There are no histodc resources of the Town of Southold located at this site, Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal will have no effect on the visual quality or scenic resources throughout the Town of Southold. The size of the proposed is consistent and appropriate for the area. NATURAL COAST POLICIES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. Our proposal will have no effect on the loss of life, structures and natural resources from flooding and erosion. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will have no effect on the water quality and supply in the Town of Southold. The dock will not cause direct or indirect discharges that would contribute to contravention of water quality standards. There will be no non-point pellution increase by the construction of the proposed extension. The scope of the proposed extension is minimal in size. There will be very minor disturbance during the initial construction but the disturbance will not be a continuing factor. Once construction is completed it is anticipated that the area will totally recover. Policy 6 Protect and restore the quality and funcUon of the Town of Southold's ecosystem. The scope of our proposal is minimal. The proposed dock extension will not have any impact on the quality or function of the Town Southold's ecosystem. There is any existing dock structure and our proposal has been previously approved by the NYS Department of Environmental Conservation. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will have no effect 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 have no effect on the environmental degradation in the Town of $outhold from solid waste and hazardous substances and wastes. PUBLIC COAST POt TC~ES 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 not inhibit public access to coastal waters, public lands and public resources of the Town of Southold. There is no beach for pedestrian to walk along the beach and the dock will not interfere with any sort of navigation, There will still be plenty of open space for boaters. The scope of the work is minimal so the visual access will not be effected either. WORK/NG COAST POL/CTES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable IocaUons. This is a waterfront piece of property will be used to access the water by the property owner. The property owner will use the dock to service a boat to which will be used to access larger bodies of water to engage in additional water dependent activities such as fishing, water skiing and swimming. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. Our proposal will have no effect on the sustainable use of living marine resources in the Town of Southold. Policy 12 Protect agriculteml lands in the Town of Southold. Our proposal will have no effect on the agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources, Our proposal will have no effect on the appropriate use and development of energy and mineral resources. 72° / ) -4.0 --5.0 -5.0 i DOC K DET.~I/L