HomeMy WebLinkAbout1000-63.-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