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Home My WebLink About1000-115.-17-17.11 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cot. 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: October 19, 2011 Re: Proposed Wetland Permit for CHRISTOPHER & MAIRI YOUNG SCTM#1000-115-17-17.11 En-Consultants on behalf of CHRISTOPHER & MAIRI YOUNG requests a Wetland Permit to construct a 4'X 18' extension to the existing 4' wide fixed catwalk with a 4'X 12' fixed "T" section at the terminal end thereof; construct a 16'X 32' in-ground, raised swimming pool, raised masonry patio, and an outdoor shower; construct masonry retaining walls around the west and south sides of the pool to contain the pool and approx. 55 cy. earthen material to be obtained from pool excavation; install a drywell to contain pool backwash and a pool enclosure fence; and establish an 8' wide non-turf buffer and a variable width (+/-32' - +/-71 '), approx. 11,699 sf. non-disturbance buffer. Located: 470 Willis Creek Dr., Mattituck. SCTM#115-17-17.11 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 proposal to construct a 4'X t 8' extension to the existing 4' wide fixed catwalk with a 4'X '12' fixed "T" section at the terminal end is INCONSISTENT with the LWRP. The applicant has not sufficiently demonstrated that the proposed action meets the following § 275-11 Construction and operation standards. 2. C. 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 congest on; The width (or representative width) of the vessel moored has been identified, it ix recommended that the Board verify that the structure meets the 1/3 rule. [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellflshing, waterskiing and other water-dependant activities; See above. [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; Deep Hole Creek contains one of the highest densities of residential docks in Town waters. The cumulative impacts of the proposed action have not been addressed. [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. It is recommended that the Board clarify if the facilities are adequate. The proposal to construct a 16'X 32' in-ground, raised swimming pool, raised masonry patio, and ;in outdoor shower; construct masonry retaining walls around the west and south sides of the pool to contain the pool and approx. 65 cy. earthen material to be obtained from pool excavation; install a drywell to contain pool backwash and a pool enclosure fence; and establish an 8' wide non-tuff buffer and a variable width (+~-32' - +/-71'), approx. 11,699 sf. non- disturbance buffer is CONSISTENT with the LWRP 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 A. INSTRUCTIONS I. Allapplicantsf0rpermits* including T0wn0fS0uth0Idagencies, shallc0mpletethisCCAF for proposed acti0nsthataresubjectt0theT0wn0fS0uth01dWaterfr0ntC0nsistency Review Law. This assessmentisintendedt0supplement0therinf0rmati0nusedby aT0wn 0fS0uth01d agency in m a k in g a d e t e r m in a ti0 n 0 f c 0 n s is t e n c y. *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). 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. Thus, each answer must be explained in detail, listing both supporting and non- suooortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 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 PROJECT NAME CHPdSTOPI-mP, & MAim YOL,~C libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): TownBoard [~ Planning Board['--] 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) (c) Permit, approval, license, certification: Nature and extent of action: Construct a 4' x 18' extension to an existing, permitted 4' wide fixed catwalk with a 4' x 12' fixed "T" section at the terminal end thereof, as depicted on the project plan prepared by En-Consultants, dated 8/17/11. Construct a 16' x 32' inground, partially raised swimming pool, a raised masonry patio, and an outdoor shower; construct masonry retaining walls around the west and south sides of the pool to contain the pool and approximately 55 cubic yard earthen material to be obtained from pool excavation; install a ckywell to contain pool backwash and a pool enclosura fence; and establish an 8' wide nonturf buffer and a variable width (+/-32' - +/-71'), approximately 11,699 square-foot nondismrbance buffer, all as depicted on the site plan prepared by Nathan Taft Corwin III, Land Surveyor, last dated August 24, 201 I. Location of action: 470 WILLIS CREEK DRIVE, MATTITUCK Site acreage: 44,453 S.F. Present land use: RESIDENTIAL, SINGLE-FAMILY DWELLING 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: CHRISTOPHER & MAIRI YOUNG (b) Mailing address: 53 HEWLETT LANE PORT WASHINGTON, NY 11050 (c) Telephone number: Area Code 516-903-0668 (d) Application number, if any: 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?. 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 use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. F'-]Yes ~] No [~ Not Aoplicable 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 F'-] 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 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 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 The project will be consistent with Policy 5 to the extent it is applicable, as the proposed dock extension will be constructed with untreated decking as required by Chapter 275, and a drywell will be installed to collect backwash from the proposed swimming pool. Moreover, a substantial nondisturbance buffer ranging in width from 32 to 71 feet and have an approximately area of 11,699 s.f. is proposed adjacent to the tidal wetlands boundary, and an approximately 1,300 s.f., 8' wide nonturf buffer is proposed landward thereof. Thus, in total, approximately 13,000 s.f. or 29% of the total parcel area will be permanently free of fertilizer dependent vegetation and able to act as a sink for surface water runoff and excess nutrients that might otherwise potentially enter the adjacent tidal waters. 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 The proposed extension of th, e catwalk will have no significant or adverse impact on the quality or function of adjacent ecosystem. Although the proposed swimming pool will exceed the wetlands setback required by Chapter 275, substantial and permanent site mitigation is proposed in the form of nondisturbance and nonturf buffers, which will serve to protect the quality and function both of the adjacent tidal wetlands and surface waters, as described with reference to Policy 6 above. 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[~ Not Applicable 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. D Yes 71 No [~ Not Applicablc 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 71 No 71 Not Applicable Extension of the existing fixed catwalk and placement of a watercra~ with a berth no greater than 7 feet will not intrude into the adjacent dredged canal more than one-third the width of the canal at iow tide at the narrowest point of the canal adjacent to the dock. Therefore, the project will not preclude or inhibit navigation through the canal. There is no practicable pedestrian public access along the subject shoreline that would be obstructed by the proposed dock extension. Attach additional sheets if necessary WORKING COAST POLICIES Po. licy 10. Pro. tect Southold's water-dependent uses and promote siting of new water-devendent suitable locations. See LWRP Section IH - Policies; Pages 47 through 5i~ for evaluation criteria. [-~ Yes ~ No E~ Not Applicable uses in 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 III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~ No ~ Not Applicable 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. [~ Yes ['--] No [5~ Not Applicable 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 [5~ Not Applicable PREPARED BY ~ ROBE ANN TITLE COASTAL MOMT SPECIALIST DATEAuo. 26, 2011 Amended on 8/1/05 CREEK DRIVE I 1" = 50' E N- CONSULTANTS 1319 NORTH SEA RD, SOUTHAMPTON, NY 11968 631-283-6360 7 E N- CONSULTANTS 1319 NORTH SEA RD, SOUTHAMPTON, NY 11968 631-283-6360