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Home My WebLink About1000-86.-6-7 OFFICE LOCATION: Town Hall 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: March 22, 2011 Re: Proposed Wetland Permit for BARRETT KATZ SCTM#1000-86-6-7 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 BARRETT KATZ requests a Wetland Permit to construct a docking facility comprised of a 4'× 72' fixed elevated catwalk, 3'X 15' hinged ramp, and 6'X 20' floating dock off the northern shoreline of the property. Located: 625 Wood Lane, Peconic. SCTM#86-6-7 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. Figure 1. Subject pamel. 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 construction of such a structure in/on public waterways. [5] Whether the dock will cause degradation of surface water quality and natural resources; As indicated above, the proposed action is located within a New York State Department of State Si.qnificant 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 Management Practices. Dock structure should: 2. allow a minimum of fiff~ percent (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 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 ve.qetative buffer (unspecified width) to mitiqate the local impacts from the dock structure. ~] 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; 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. 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 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 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# 086 06 007 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] BuiidingDept. [] 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: Applicant proposes to construct a docking facility off the northern section of sub,iect property and the shoreline of Richmond Creek. Attach additional sheets if necessary Location of action: Site acreage: 625 Wood Lane; Peconic; Town of Southold~ NY 0.53 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: BARRETT KATZ (b) Mailing address: 40 East 21~ Street - Apt. 11; New York~ NY 10010 (c) Telephone number: Area Code ( 917 ) 545 - 9187 (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 policv in that the siting and utilization of the proposed dock assembly will maintain the character of the surrounding neighborhood, which currently consists of many similarly-improved residential lots with similar accessory structures (i.e. dock assemblies along Richmond Creek/. 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 the contiquous 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 t~olic¥ in that it will have no impact to any potential historic and/or archaeolo§ical 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 Subject proposal 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 qreater, size and scope. Scenic resources, assumedly views of Richmond Creek, are not at risk due to the proposed dock assembly beinq typical of the character of this section of waterfront. Accordinqly, 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 Subiect proposal will fully comply with Policy 4 in that the proposed dock assembly is designed to be comparable in desiqn and scope as that of the surrounding 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 thp surrounding area. Altach 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 Subiect proposal will maintain the quality of the surrounding ecosystem in that the proposal is typical of this section of Richmond Creek, which has not resulted in siqnificant effects to the surrounding ecosystem. Accordingly, this proposal will comply with Policy 6. 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 Subject proposal is not applicable in that the proposal is simply to improve subiect property with a dock assembly which will not result in any form of adverse effects to air quality. Accordinqly, this proposal is not applicable with this policy. 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 Subject proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, petroleum products. 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 Subject proposal is not applicable to this policy in that the proposal is attendant to a private dwelling. Reoardless, this project will not impede 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 III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subjec~ 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 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 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 Southold. 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...) Altach 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 Subject 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 energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 5/25/05 11:20 AM IfA TZ Property Proposed Dock Structure Situate: 6~5 Wood Lane; Peconic; Town of Southold, New York SCTM~: 1000-086 -06-007 SITE PI,AN .tdapk, d /rotn the ,%o"l,ev of ~ ~b]e t ~ ~ro erh', a~ ~r~par~d PE( 'ON1C SURFE Y()RS, P. U N/O/? L~N6 Il)lease refer to Site Plan Detaill N/O/F L~b/TbiER PROJECT DESCRIPTION: Applicant proposes to construct a docking assembly off the existing ti~nber bulkhead along the northern section of subject property consisting of' the ~bllowing: FIXED ELEVATED CATWALK measuring ~.0' wide x 72.o' long (supported by twenty-three ~23~ pilings); HINGED RAMP measuring ~.o~ wide x 15.o' long; F'LOATING DOCH measuring ~$,O' wide x 20.o' long (secured by four _r4,~ pilings) All materials to be non- treated (Fir, ()ak, Cedar. etc. and all hardware to 1)~ hot-dil)ped p.-alvanized Date: Scale: Drawn by: mdi PO, Box2003 BrJdgehampton NY · 11932 (631) 537 - 5160 (phone) (631 ~ 537 - 5291 (facsimile) OF Date: Scale: Drawn by: Comments: IfA TZ Properrj~ ~ Proposed Docl~ Structure Situate: 6~5 Wood Lane; Pe¢onic; Town of Southold, New York SCTM #: 1000 - 086 - 06 - 007 SITE PLAN DETAIL 107.0' ] FLOATING DOCK {6.0' x 20.ff 20.0' 15.0' ttINGED RAMP ELEVATED CATWALK !4.0' x 72.0'] 72.0' SUFFOLK ENVIRONMENTAL CONSULTING, INC. PO, Box 2003 * Bridgehampton * NY * 11932 (631) 537 - 5160 (phone) (631~ 537 - 5291 (facsimile~ Scale: Drawn by: KA TZ Property ~ Proposed Dock Structure Situate: 6~5 ~/ood Lane; Peconic; Town of Southold, New York SCTM#: 1000- 086 - 06 - 007 CROSS-SECTION VIEW AHW ALW ~ FLOATIN( 15.0' ~ {6.0' x 20.0'] 107.0' 72.0' CATWALK Tidal Wetlands [4.0' x 72.0'1 TIMBER PILINGS [4 @ 6" x 6"] SUFFOLK ENVIRONMENTAL CONSULTING,, lNG. P,O Box 2003 · Bridgehampton · NY · 11932 (631) 537 - 5]60 (phone) (631~ 537 529] (facsimileb ~ OF .~