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Home My WebLink About1000-123.-4-11 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 22, 2011 Re: Proposed Wetland Permit for JAMES P. MARTIN SCTM#1000-123-4-11 The applicant is seeking a legalization and expansion (seaward projection) of the current dock structure. JAMES P. MARTIN requests a Wetland Permit to legalize and modify an existing docking facility which consists of a 3'X 7' landward ramp leading to a 3'X 27' catwalk, 2.5'X 8' ramp and a 4'X 11' float secured by (2) batter piles. The proposed modification is to remove the 3'X 7' landward ramp and to construct 3'X 3' steps leading to a 4'X 20' landward extension to the catwalk utilizing open grate decking, to replace the 2.5'X 8 'ramp with a 3'X 20' ramp and to replace the 4'X 11' float with a 6'X 20' float to be secured by (2) batter piles and one tie-off pile. Located: 2740 Deep Hole Dr., Mattituck. SCTM#123-4-11 The proposed action has been reviewed to Chapter 266, 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. 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 dock structure was constructed without a Chapter 275 Wetlands Permit. Figure 1. Subject parcel and dock.. 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: (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 navigation or be located in areas of high vessel traffic or vessel congestion; 1. The proposed dock expansion in relation to opposite shoreline structures is not discussed or shown and therefore an assessment of navi,qation impairments cannot be made. In addition~ Chapter 275 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. 3. An assessment to whether the expansion is consistent with the existin.q dock line cannot be made. [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities; 1. An assessment to whether the expansion would interfere with the use of waterways cannot be made. [5] Whether the dock will cause degradation of surface water quality and natural resources; 1. Applicant does not show current water depths on plans. 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 iNsTRUCTIONS complete this cCAF for · · This proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. 1. All applicants for permits* including Town of Southold agencies, shall 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. 2. Before answering the questions in Section C, the p~parer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local · · · Pro A proposed action will be evaluated as to its significant Waterfront Revitalization gram~ ...... ,-:~ ;.-- es all of Southold Town). benefictal and adverse effects upon me coastal area [wm~,, 3. If any question in Section C on this form is answered '~es", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained m 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 (sontholdtown.northfork.net), the Board of Trustees Office, the planning Departmem, all local h~branes and the Town Clerk s office. DESCRIPTION OF SITE AND PROPOSED ACTION SCTMg 123 04 ~ 11 The Application has b~n submitted to (check appropriate response): 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] cons~uction, planning activity, agency regulation, land transaction) [] Co) Financial assistance (e.g. grant, loan, subsidy) (c) permit, approval, license, certification: Nature and extent of action: Project description for James P. Martin 2580 Deep Hole Drive, Mattituck Applicant seeks to legalize and modify an existing docking facility which consists of a 3'x 7' landward ramp leading to a 3' x 27' catwalk, 2 ½' x 8' ramp and a 4' x 11' float secured by (2) batter piles. The proposed modi£~cation is to remove the 3' x 7' landward ramp and to construct a 3'x 3' steps leading to a 4' x 20' landward the catwalk utilizing open grate decking, to replace extension t~, 3' and to replace the 4' x 11' the 2 ½' x ramp with a x 20' ramp float with a 6' x 20' float to be secured by (2) batter pilest a ~ c~z 'Locafionofacfion:_ 2580 Deep ~ole Drive ~attituck Site acreage:___T. 1 presentlanduse:__Sin le famil dw 11' ' ' pm~sent zoning classification:- res~ 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:_ James P. ~artin Co) M~lingaddmss:_135 West 70th ,qtreet~_ADt New York, NY 10023 (c) Telephone number: Area Code ( )__c/o 631-484-0763 (d) Application number, if any:__unkn°wn 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?__~IYsD~''c DEVELOPED COAST POLICY Policy 1. Foster a pattern of development ia 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 m - Policies; Page 2 for evaluation criteria. r. · · lve impact upon Attach additional sheets if necessary Policy 2. Protect and preserve lfistoric and archaeological resources of the Town of Southold. See LWRP Section m - policies Pages 3 through 6 for evaluation criteria [~ yes [-~ No [] Not Applicable Policy 3. Fmhance via_mi quality and protect scenic resources throughout the Town of Southoid. See LWRP Section HI - Policies ]?ages 6 through T for evaluation criteria ~/yes [] No [] Not Applicable X~t~ch ~hee~s ir necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natx~ral resources from flooding and erosion. See LWRP Section IH - policies Pages 8 through 16 for evaluatiou eaten ~/Yes [] No ~-~ Not Applicable AC, ach additional sheets if necessary Policy 5. Protect and improve water q,~llty and supply in the Town of Southoid. Sec LWRP Section HI - Policies Pages 16 through 21 for evaluation criteria ["~/yes [] No ['-~ Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the q,~lity and function of the Town of Southold ecosystems incloding Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section IH- Policies; Pages 22 through 32 for evaluation criteria. ~/Yes []No~-~ Not Applicable ~nal ~eets if necessary Policy 7. ProteCt and improve air q,mlity in the Town of Southold. See LVt~RP Section III - Policies Pages 32 through 34 for evaluation criteria. ~/yes [~ No []~ Not Applicable sllbM~nces alld wastes. See LWRP Section III - policies; Pages 34 through 38 for evaluation cnterm. ~/Yes [] No [] Not Applicable pUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public · . evaluation resources of the Town of Southold. See LNVRP Section m - Policies; Pages 38 through 46 for 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 Ill - Policies; Pages 47 through 56 for evaluation criteria. ~//Yes [] No ~ Not Applicable ~itional sheets if neeessmy · - ' inable use of living marine resources in Long lsland Sound, the peconic IL Promote susm ~ __ ........ ~ *h,~uoh 62 for evaluation criteria. Al~ach additional sheets if necessary Policy 12. Protect agricultural ~ands in the Town of Southold. See LWRP Section Ill - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes ~ No [] Not Applicable Attach additional sheels if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section m - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [-~ No ~-~ Not Applicable Created on 5/25/05 11:20 AM LWRP Consistency Assessment Form Developed Coast Policy- Responses modified docking facility shall have no Policy 1- The proposed · negative impacts upon the character of the community or open space (dock exists). It is felt that this project is consistent with this Policy. Policy 2- The project shall have nO impacts upon the historic. recourses of the Town of Southold. It is felt that this project ~s consistent with this Policy. Policy 3- A docking facility currently exists on site. The project should have no negative impacts upon the "visual quality" or the scenic resources throughout the Town of Southold. It is felt that this project is consistent with this Policy. Natural Coast Policies-Responses Policy 4- The project does not involve the construct of or the maintenance of an erosion control structure. It is felt that this project is consistent with this Policy. Policy 5- The proposed project shall have no impact upon the quality or quantity of potable water.'It is felt that this project is consistent with this Policy. Policy 6- The proposed project should have no negative impacts on areas of Significant Coastal Fish and Wildlife Habitat or the quality and function of Southold Town ecosystems. If the project is approved there will be a brief, one time event when turbidity will be increased when piling would be jetted in. It is felt that this project is consistent with this Policy. Policy 7- The project shall have no impact on air quality. It is felt that this project is consistent with this Policy. Policy 8- The proposed project does not involve solid waste and or hazardous substances and wastes. It is felt that this project is consistent with this Policy. Policy 9- The proposed project shall have no negative impact upon public access to and recreational use of, coastal waters, public lands, and public resources of Southold Town. It is felt that this project is consistent with this Policy. Public Coast Policies- Responses Policy 10- The proposed project shall not negatively impact Southold's water-dependent uses. It is felt that this project is consistent with this Policy. Policy 11- The proposed project shall not negatively impact the sustainable use of living marine resources. It is felt that this project 'is consistent with this Policy. Policy 12- The project does not involve agricultural land. It is felt that this project is consistent with this Policy. Policy 13- The project does not inVOlve the use or development of energy and mineral resources. It is felt that this project is consistent with this Policy. PROP 3t~3' STEPS PROP. 4/? 20I CATWALK EXT, EX, 3¢Y,27 ¢ CATWALK PROP, 3/X20' PRO P.(Z) RAMp BATTEP. PROP- G/~, 20/ FLOAT AHW~'3 ALW O SCALE Project description for James P. Martin 2580 Deep Hole Drive, Mattituck Applicant seeks to legalize and modify an existing docking facility which consists ora 3'x 7' landward ramp leading to a 3' x 27' catwalk, 2 ½' x 8' ramp and a 4' x 11' float seemed by (2) batter piles. The proposed modification is to remove the 3' x 7' landward ramp and to construct a 3'x 3' steps leading to a 4' x 20' landward extension to the catwalk utilizing open grate decking, to replace the 2 ½' x 8' ramp with a 3' x 20' r.~p and to replace the 4' x I 1 ' float with a 6' x 20' float to be secured by (2) batter pilesy ~r¢--o~ .1~ M,}LLAN ~OO AT. PROP, 3/× 3' STEPS PROp, 4'x 20' EX OPEN GRATE DECKING wOOD PROP- TIE-OFF e~/ PILE / PP, D P- ~'~ PRO P. 6"~ 20' FLOAT BECURED W/ 'I2) BATTER PILES ALU~g ~A[4 w LOCUS 72°30' 40%9't~ 20' AFIW,ALW ,TWL .,... D.,~:27JAN.ii' DEPTF S LOCATE'b BY G.JUST 29 NOV '11 IAPELICA:N:T.,JA~ DENISE,-,~'F,tr, I',I ,', ? .... 2'580' 'DE'6P HO:L,F,,~:,,,/MATT I, TW.CK_., 'bi NO: u.^w. "'¢O¢*A~ l,~,~- 04:,= fl ~V,SEO ~'KI N.8 DATUM '0 APPARENT LO~ ENVIRONMEN:T ,L CO, , I