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Home My WebLink About1000-138.-2-34 O~'~-ICE LOCATION: Town Hail 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: MarkTerry, Principal Planner LWRP Coordinator Date: July 18, 2011 Re: Proposed Wetland Permit for JAMES & PATRICE KELLY SCTM#1000-138-2-34 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. Costello Marine Contracting Corp. on behalf of JAMES & PATRICE KELLY requests a Wetland Permit to construct a 4'X 24' fixed dock extension to the existing 3'X 30'4" fixed dock and install two (2)ladders at the off-shore end. Located: 5710 Skunk Lane, Cutchogue. SCTM#138-2-34 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 and dock. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. Ao 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, 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.The dock extension appears to extend seaward of the existinR dock line, [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 Cdtical Natural Resource Area. It is recommended that the Board assess the proposed action to the below dock structure Best Mana,qement Practices. The mean water depths reference -2.5 feet at the dock terminus in one location, however, the surroundin.q water depths are less. What is the expected draft of a vessel moored at the proposed dock? Insufficient water depths could result in bottom scarrinq and loss in marine species. [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. [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 aitemate 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 pdvate 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 written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney James & Pat~ce Kelly Tow~ 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). o 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 138 2 34 SCTM# The Application has been submitted to (check appropriate response): Town Board [---] Planning Dept. [--] Building Dept. [--] Board of Trustees 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) 30 2011 (c) Permit, approval, license, certification: Nature and extent of action: CONSTRUCT A 4~X2d' FIXED DOCK FXTF, NSION TO F,~LqTING Jl'X3fl~d'' FlXFD DOCK. INSTALL TWO LADDERS AT OFFSHORE END. Location of action: 5710 SKUNK LANE, CUTCHOGUE Site acreage: 0,014 ACRES Present land use: WATERFRONT ACCESS Presem zoning classification: R-40 RESIDENTIAL LOW DENSITY AA 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 & PATRICE KELLY (b) Mailing address: 10 P-OY .s_~.~ENUE, JERICHO, NY 11753 (c) Telephone number: Area Code ( )631.962.!972 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~] No I I lfyes, which state or federal agency? NYSDEC, NYSDOS, ACOE 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 N Not Applicable PLEASE SEE ATTACHED Atlach additioml sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southo~d. 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 III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~ No ~'] Not Applicable PLEASE SEE ATTACHED 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 PLEASE SEE ATTACHED 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 PLEASE SEE ATTACHED 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 PLEASESEE ATTACHED 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~-q Not Applicable PLEASE SEE ATTACHED Attach additional sheets if necessary P°Hcy 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. [-'-lYes [--] No [~ Not Applicable PLEASE SEE ATTACHED 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. [--] Ye~q No['-q Not Applicable PLEASE SEE ATTACHED 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 PLEASESEE ATTACHED Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. Sec LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~ Yes ['--] No [~] Not Applicable PLEASE SEE ATTACHED 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. I--lYes D NolTl Not Applicab,e PLEASE SEE ATTACHED 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 [--I No 71 Not Applicab,e PLEASE SEE ATTACHED Created on 5/25/05 11.'20 AM Date: To: Client: Proposal: June 22, 2011 Southold Town Trustees and Mark Terry James & Patrice Kelly Construct a 4'x24' fixed dock extension to existing 3'x30'4" fixed dock. Install two ladders at offshore end. DEVELOPED COAST POLICIES 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. Our proposal will make better use of this waterfront property by extending the existing into deeper water and providing an area for the property owner to access his boat. This extension will not extend further than the current pier line established by the neighboring docks. The proposal is consistent in size for the surrounding area. Policy 2 Preserve historic resources of the Town of Southoid. There are no historic resources of the Town of Southold located at this site. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal will have no effect on the visual quality or scenic resources throughout the Town of Southold. The proposed extension is consistent with the neighboring docks and will not extend any further than the existing pier line. NATURAL COAST POLICIES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. Our proposal will have no effect on the loss of life, structures and natural resources from flooding and erosion. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will have no effect on the water quality and supply in the Town of Southold. The dock will not cause direct or indirect discharges that would contribute to contravention of water quality standards. There will be no non-point pollution increase by the conslxuction of the proposed extension. The scope of the proposed extension is minimal in size. There will be very minor disturbance during the initial construction but the disturbance will not be a continuing factor. Once construction is completed it is anticipated that the area will totally recover. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. The scope of our proposal is minimal. The small dock extension wilt not have any impact on the quality or function of the Town Southold's ecosystem. There is any existing dock structure and our proposal is a small seaward extension. There are no vegetative wetlands in the area of the proposed extension. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will have no effect on the air quality in the Town of Southold. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. Our proposal will have no effect on the environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. PUBL/C COAST POI./CZES Policy 9 Provide for public access to, and recreational use of, coaai,~l waters, public lands, and public resources of the Town of Southold. Our proposal will not inhibit public access to coastal waters, public lands and public resources of the Town of Southold. We are proposing a seaward extension of any existing dock structure which will not extend further than the established pier line. The scope of the work is minimal so the visual access will not be effected either. WORK/NG COAST POI_[CZES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. This is a waterfront piece of property that has an existing dock. The existing dock terminates at a water depth of approximately 1/2 foot at NLW. This minor extension will allow the dock terminate at approximately 2 feet of water at MLW, This additional water depth will allow the dock to be more functional. The property owner will be able to access his boat to engage in water dependent activities. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. The proposed dock extension will help iff preventing any potential prop dredging. Currently the existing dock terminates at 1/2 foot of water at MLW. The extension will terminate at appmxirnately 2 feet of water at MLW. Our proposal will lessen the likelihood that prop dredging will occur. Policy 12 Protect agricultural lands in the Town of Southold. Our proposal will have no effect on the agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. Our proposal wilt have no effect on the appropriate use and development of energy and mineral resources, % % James Kelly 45 Sterling Road Cutchogu¢ 4/25/1 t James Kelly 45 Sterling Road, Cutchogue 4/25/11