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Home My WebLink About1000-63.-7-33 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: August 19, 2011 Re: Proposed Wetland Permit for TOM & MAE MAURI SCTM#1000-63-7-33 Patricia C. Moore, Esq. on behalf of TOM & MAE MAURI request a Wetland Permit to construct a 4'X13'4" wood ramp, 4'X 53'8" catwalk with Thru-Flow decking, 3'× 10' seasonal ramp, and 6'X 20' seasonal floating dock. Located: 1135 Calves Neck Rd., Southold. SCTM#63-7-33 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 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. 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 requirement§'§ 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; The mean water depths reference -2.1 feet at the dock terminus.. What is the expected draft of a vessel moored at the proposed dock? Insufficient water depths could result in bottom scarrinq, turbidity and loss in marine species. [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 hiqh probability that commercially valuable shellfish species occur in the proposed location of the dock structure. The introduction of a dock structure (piles) will result in a net loss of shellfish species. [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 waters. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its W.r_ritten determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney own of Southold INSTRUCTIONS 1. LWRP CONSISTF_,NCY ASSESSMENT FORM, All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfxont Con~tency Review LaW~ This assessment is int~ded 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 prq~arer of this form should review the exempt .minor action list, policies and explanations of each policy contained in the Town of Soutlmld Local Waterfront Revitalization Program. A propo~xt action will be evaluated as to its significant benefioial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thns~ each answer must be explained in det~il~ lislin~ bo~ supporting and non- suo~orfine fact~. If an action cannot be ca, tiffed as consistent with the LWRP policy standards and conditions, it shall ngt be undertaken. A copy of the LWRP is available in the following places: online at the Town of~0uthold ' s · website (soat~o~atow~..or~fork.nct), t~e Bo~d of Tr~t~ Offiea, the ~'~g local libraries and the Town Clerk's office. , \,: SCTM# - - 7_._~- 3:3 ~'~'./~ ' PROJECT NAME Estate of Bjerknes Dock Permit ~ / xbe app.=tie. ~as %~ ~.h~tt~ to (check m,~op~iate m~,~e): / To.w,,Board [-'-1 Pl~-,~inglaoard[---~ BuildingDcpt. [-] BoardogTrustees Category of Town of Southold agency action (check appropriate respon~!;...~ (a) Action undertaken directly by Town agency (e.g. capital conswaction, planning activity, agency regulation, land tran~etion) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: . t Location of acdon: 1135 Calves Neck Road, Southold, NY 11971 .684 Acres Site acreage:. Present land use: Residential Present zoning classification: R-40 If an application for the proposed action has been filed with thc Town of Southold agency, the following infolmation shall be provided: (a) Name of applicant '7~ar~...?...~.._t2~_ /~t~or~ (b) r id ss:_°/'' D- oZ , Southold, NY 11971 (c) Telephoncnumbcr:AreaCode( ) 631-765- (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency?. Yes [] Nor--] Ifyes, which state or federal agency?. NYS DEC / C. Evaluate the project to the following policies by analyzing how the project will further support'or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 usc of a coastal location, and minimizes adverse effects of development. See LWRP Section I~ - Policies; Page 2 for evaluation criteria. [==~ Yes [] No [] Not Applicable AUach additional sheets ff 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 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section m - Policies Pages 6 through 7 for evaluation criteria [] Yes [-] No ~ Not Applicable Attach addilional shee~ ifncccs.~u'y NATURAL COAST POLICIES Policy 4. Minimize loss of life, structure~, and natural resources from flooding and erosion. See LWRP Section HI - Policies Pages 8 through 16 for evaluation criteria [~] Yes [~ NO [~ Not Applicable Attach additional sheets ifneeezsary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI - Policies Pages.16 through 21 for evaluation criteria AUach additional sheets if neccssary 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 Attach additional ~hee~ if ncc~aaty Policy 7. Protect and improve air quality in the Town of Sonthold. See LWRP Section III - Policies Pages $2 through 34 for evaluation criteria. [-~ Yes ~ No ~ Not applicable Attach additional sheet~ if necessary Policy 8. MinimiTe 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 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. ~ Ve~ No ~ Not Applicable A~ach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southoid's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section HI- Policies; Pages 47 through ~ for evaluation criteris~ 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 :md Town waters. See LWRP Section HI - Policies; Pages 57 through 62 for evaluation eriterin. [] Yes [-'] No ~-~ Not Applicable ' Attach additional she~'~s if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section m - Policies; Pages 62 through 65 for evaluation criteria. ~'] Yes [] No ~ Not Applicable Al~ch additional sh~ts if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Seetion HI - Policies; Pages 65 through 68 for evaluation criteria. Yes [--] No R Not Applicable PREPARED BY TITLE DATE -o 2 ......Mo_ 3 PLOT PLAN,, SCALE I" = 30'-0" LOCATION OF SUBJECT KEY MAP PRO?ODED 4' 0" WIDE CATWALK. W/G" DIA PILINGD W/THRU*?LOW DECKING ..% ~ 'q3 WOOD RAMP TO SEASONAL FLOAT lNG DOCK G" DIAMET~IR PILINGS AT EAChl -/ DOCK PLAN SCALE I" '= 2C-0" 5CALE 3 ,, '-0" .,o~,~o:o,~,,~,,~,.,,~.,u~,~ ,o.,o,, PROPOSED CATWALK & FLOATING DOCK 1135 CALVES NECK ROAD SOUTHOLD, NY S.C.T.M. # 1000 - 63 - 7 - 33 REVISIONS DATE; JUL 1 4 2011 O PECONIC PERMIT EXPEDITING PhlONE: 63 I .734.83G I DATE: 6-20-11 DR. BY:R W L SCALE:ASNOTED CHKD: 1104 SP-1