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Home My WebLink About1000-86.-6-20 O~'¥1CE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, N~ 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 Dohedy, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: March 23, 2011 Re: Proposed Wetland Permit for BARRY ROOT Located: 6315 Indian Neck Lane, Peconic. SCTM#1000-86-6-20 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 BARRY ROOT requests a Wetland Permit to reconstruct various sections of existing 53 If. timber-sheathed bulkhead and returns with new vinyl- sheathed bulkhead and returns along the northern section of property; remove various sections of 110 If. existing timber-sheathed bulkhead and returns along the northern section of property; install various sections of 113 If. new vinyl-sheathed bulkhead and returns along the northern section of property; remove existing 100 sq.ft, concrete/stone ramp within the northeastern section of property; establish an area of beach and native beach plantings (1,350 sr.) backed with a single-row of rip-rap (200-500 lb. rock at 50' length) within northeastern section of property; The above listed proposed actions have 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 above proposed actions are CONSISTENT with the LWRP policies and therefore CONSISTENT with the LWRP. The proposed installation of a dockinR facility off the northwestern section of propertV consisting of a 4'X 104' fixed elevated catwalk, 3'X 15 'hinged ramp~ 6'X 20' floating dock and two (2) 8" dia. tie-off pilinRs. The proposed 138' dockinq facility 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 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. [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 Siqnificant Fish and Wildlife Habitat Areal 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 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 vegetative buffer (unspecified width) to miti.qate 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 maritima) or shellfish; There is a high 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 Town of Southdld 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 explanotions 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 06 020 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] 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 reconstruct/reconfigure the existing bulkhead and construct a docking facility off the northern section of subject property and the shoreline of Richmond Creek. Attach additional sheets if necessary Location of action: Site acreage: n/s Indian Neck Road (393' west of Parkers Landing Road; Town of Southold, NY 1.7319 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: Dr. BARRY ROOT (b) Mailing address: 16 Horse Hollow Road; Lattingtom NY 11560 (c) Telephone number: Ama Code ( 516 ) 674 - 5147 (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 Subiect I~rooosal is consistent with the policy in that the siting and utilization of the proposed dock assembly and sitincl/utilization of the proposed reconstructed/reconfiqured bulkhead 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 and bulkheading along Richmond Creek). In addition, subject proposal will be in harmony with the "...beneficial use pfc 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 contiguous surface waters and the maintenance of existing erosion control structure li.e, bulkheading). Accordinql¥, ~ve believe that this prelect 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 policy in that it will have no impact to any potential historic and/or archaeological resources within the surrounding area. Attach additional sheets if necessary Policy 3. Enhahce 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 surroundinq area is currently comprised of properties improved with similar appurtenances {i.e. dock assemblies and bulkheads) 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 and bulkheadinq being 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 Subject proposal will fully comply with Policy 4 in that the proposed bulkheading and dock assembly is desiqned to be comparable in design and scope as that of the surroundinq bulkheadinq and dock assemblies, which have not resulted in loss of life, structures, and natural resources within this area. Accordinqly, this proposal will comolv 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 Subiect proposal is not applicable to this policy in that it will have no effect to the water quality/supply within the surrounding area. 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 Subject 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. Accordinqly, this proposal will comply with Policy 6. Altach 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 maintain the existino shoreline protection (i.e., bulkheadinq) and install 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 Subiect orooosal 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 Subiect oro~osal is not applicable to this policy in that the proposal is attendant to a private dwelling. Reqardless, this proiect will not impede any access to the surface waters in and around subject property and/or become detrimental to the recreational use of the surroundinq 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 Subject 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 Ill - Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the Drooosal does not involve any form of marine resource management (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 lII- Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable Subiect 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...) 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 Subiect oroposal is not aoDlicable 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 Atlach additional sheets il' necessary Created on 5/25/05 11.'20 AM ROOT Property ~ Proposed Bulkhead Reconstruction/Dock Construction Sitnate: s/s Indian Neck Road; Indian Neck; Town of Southold, New York SCTM#: lOOO-OS6-06-oe0 SITE PLAN DETAIL PECO%IC S'Ut~E 2'OR& EXISTING CONDITIONS NOTE: Apparent High ~ater mark is located along the seaward face of both the existing and proposed bulkhead, amt is equal to the Tidal XA:etlands Boundary Existing Bulkhead [to be removed @ 41 Date: ~,~arc¼ I 201 I Scale: ] o''~ Zoo'+ Drawn by: m& / L~L~ Existing Bulkhead It0 strueted Existing Bul ead [to be removed @ 65.0-+ L] @40.0_L SUFFOLK ENVIRONMENTAL CONSULTING, INC. PO, Box 2003 · Bridgehampton · NY · 11932 (631) 537- 5160 (phone) (631) 537 - 5291 (facsimile) [/ OF ROOT Property ~ Proposed Bulkhead Reconstruction/Dock Construction Situate: s/s Indian Neck Road; Indian Neck; Town of Southold, New York SCTM#: looo-o86-06-o~0 SITE PLAN DETAIl, /ldapted from the Surv0 (f ,,ub]e~t properO, a~ pr~pared tF' PECONI£' 3' UR UE t'ORS, t' (! PROPOSED CONDITIONS NOTE: Apparent High X, Vater mark is located along the seaward fhce of both the existing and proposed bulkhead, and is equal to the Tidal \Vetlands Boundary L_ I ReconstructlBulkhead {4.0'±} Proposed~ulkhead Return 125.0 L / Reeonstrled Bulkhead t40.0'_+j / 1 Prtosed New Bulkhead ~3.ff-+ L] [04.0' q, Establish an area of' beach & native beach plantings (1, 350 square [~et _+), backed with a single-row of Rip-Rap (~2oo- 500lb +_/rock (~ 5o.o' L _+ ). RiD-Rap {7.0'L/ Date: Scale: Drawn by: Comments: SUFFOLK ENVIRONMENTAL CONSULTING, INC. P,O, Box 2003 · Bridgehampton · NY · 11932 (631) 537 - 5160 (phone) (631) 537 - 5291 (focsimile) ROOT Property -~ Proposed Bulkhead Reconstruction/Dock Construction Situate: s/s Indian Neck Road; Indian Neck; Town of Southold, New York SCTM~: 1000-o86-o6-o~0 PROPOSED DOCK West Elevation View 138.0'_+ ,,I Proposed Floating Dock 20.0'_+ Proposed Hinged~mp ~,, 104.0'± Proposed Elevated Catwalk AHW ,4 L W AHW Existing Bulkhead NOTE: Apparent High '~Vater mark is located along the sea,,vard lace of both the existing and proposed bulkhead, and is equal to the Tidal %Vetlands Boundary Date: Scale: Drawn by: Comments: SUFFOLK ENVIRONMENTAL CONSULTING, INC. P.O Box 2003 · Bridgehamtoton · NY · 11932 (631) 537- 5160 (phone) (631) 537 - 5291 (facsimile) ROOT Property Proposed Bulkhead Reconstruction/Dock Construction Sitoate: s/s Indian Neck Road; Indian Neck; Town of Southold, New York SCTM #: 1ooo - 086 - 06 - o~o EXISTING CONDITIONS ,,~ ~,. 63.0+_ Corner of Dwelling ~_ Existing l'imber Sheathing [2" x 9" x l(l'- 12'-+1~ Existing ~Yop Cap i2' x 18"1 PROPOSED BULKHEAD RECONSTRUCTION Ctl OSS-SECTION VIE Timber Wales W' x (4"1 Existing Tic-Rods [Tie-Back Features ur NOTE: Al)parent High Water mark is locate(] along the seaward fhce of' both the existing and proposed bulkhead, and is equal to the Tidal \Vetlands Botmdary. Date: Marc¼ I, ZOl I Scale: t o'~ 1.0'-+ Drawn by: .id, Comments: SUFFOLK ENVIRONMENTAL CONSULTING, INC. P,O. Box 2003 · Bridgehampton · NY · 11932 (631) 537 - 5160 (phone) (631) 537 5291 (facsimile) OF ~ ROOT Property ~ Proposed Bulkhead Reconstruction/Dock Construction Situate: s/s Indian Neck Road; Indian Neck; Town of Southold, New York SCTM#: 1000-086-06-0~0 PROPOSED CONDITIONS 54.O' 0 NE Corner of Dwelling Proposed Tie-Rods · ProposediTop Cap 12"x Date: Scale: Drawn by: Comments: ~'larc¼ I , 201 I ~o"= 1.0'_+ SUFFOLK ENVIRONMENTAL CONSULTING, INC. P,O Box 2003 · Bridgehampton ° NY ° 11932 (631) 537 - 5160 (phone) (631) 537 - 5291 (facsimile) PROPOSED BULKHEAD RECONSTRUCTION CROSS-SECTION VIE VV NOTE: Apparent High YVater ~nark is located along the seaward fhce of both the existing and proposed bulkhead, and is equal to thc Tidal W~tlands Boundary OF ROOT Property ~ Proposed Bulkhead Reconstruction/Dock Construction PROPOSED BULKHEAD Situate: s/s Indian Neck Road; Indian Neck; Town of Southold, New York RECONSTRUCTION SCTM #: 1000 - 086 - 06 - oeo TOP VI£D'DETAIL EXISTING CONDITIONS ~ Existing Timber Sheathing (2" x 9" -+] ~nstlng T~mber Taler (4 x ~ l ~ ~ ExisOng 'Fop Cap {2" x 18"] ~ m ~ ,, l 5 ~ , ~ E~sting Timber Piling {10 ~ ~l i NOTE: Apparent High Water mark is located ahmg the seaward Gcc of both the existing and proposed bulkhead, and is equal to the Tidal ~Vetlands Boundary. Date: M~h ~. zo, , SUFFOLK ENVIRONMENTAL CONSULTING, INC. Drawn by: .,d, P.O, BOX 2003 · Bridgehampton · NY · 11932I ~"~ OF ~ ' (631) 537 - 5160 (phone) I ROOT Property ~ Proposed Bulkhead Reconstruction/Dock Construction Situate: s/s Indian Neck Road; Indian Neck; Town of Southold, New York SCTM~g: 1000-086-06-0~0 PROPOSED BULKHE _~~ RECONSTRUCTION TOP VIEW DETAIL PROPOSED CONDITIONS I Proposed Timber Pro >osed x,'lnyl Sheathing [i.e. C-Lo.3 Proposed Waler [6" x O'q 5 -- Proposed 'Top Cap IZ'x NOTE: Apparent ttigh \\/ater r is l{)cated ahmg they seaXVard f'a~ both the and is equal to thc bulkhead, OF ScaLe: Drawn by: ~c{~ (651)537 5160 (phone}, ,:531 )Ss'? r. g~ (focgrr,ile~ ROOT'Propert. v ~ Proposed Bulkhead Reconstruction/Dock Construction PROJECT Situate: s/s Indian Neck Road; Indian Neck; Town of Southold, New York SCTM #: lOOO - 086 - 06- 080 D ESCRIPTI ON Applicant proposes to perform the following activities within subject property: (1) Applicant proposes to Reconstruct various sections of existing Timber-Sheathed Bulkheading & Returns (55.0' L _+) with new Vinyl- Sheathed Bulkheading & Returns ("in-place"), all along the northern section of subject property; (a) Applicant proposes to Remove various sections of existing Timber-Sheathed Bulkheading & Returns (1 lO.O' L +), all along the northern section of subject property; ($) Applicant proposes to Install various sections of new Vinyl-Sheathed Bulkheading & Returns (115.0' L _+), all along the northern section of subject property; (~) Applicant proposes to Remove the existing Concrete/Stone Ramp (lOO.O square feet +) within the northeastern section of subject property; (5) Applicant proposes to Establish an area of beach & native beach plantings (1, ~50 square feet _+), backed with a single-row of Rip-Rap (a00-5001b +/rock ~ 50.0' L _+), within the northeastern section of subject property; (6) Applicant proposes to Install a single-row of Rip-Rap (~200-3001b +/rock @ 7.0' L +) off the southern terminus of the Bulkhead Return within the northwestern section of subject property; and (7) Applicant proposes to Install a Docking Assembly offthe northwestern section of property consisting ora Fixed, Elevated Catwalk (~.0' W x 10~.0' L), a Hinged Ramp ($.0' W x 15.0' L), a Floating Dock (6.0' W x ~20.0' L) and t~vo (a) "Tie-Off' Pilings (8.0" dia.). Date: M~h I, zol i SUFFOLK ENVIRONMENTAL CONSULTING, INC. Scale: ,o"= zo.o± P.O. BOX 2003' Bridgehamptono NY. ]1932 Drawn by: mc~ (631) 537 - 5160 (phone) k~