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Home My WebLink About1000-104.-7-16.1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 1 JL971 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: December 13., 2011 Re: Proposed Wetland Permit for FHV LLC SCTM#1000-104-7-16.1 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. KPC Planning Service, Inc. on behalf of FHV LLC requests a Wetland Permit to construct a 4'X 39' dock with a 3'X 12' ramp, 6'X 20' floating dock, three (3) two-pile (12" dia.) float securing dolphins and two (2) two-pile (12" dia.) boat securing dolphins. Located: 1500 Mason Dr., Cutchogue. SCTM#104-7- 9.1 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 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, shellfishing, waterskiing and other water-dependant activities; Chapter 275 requires that the determination of the len,qth of the dock must include the dimensions of the vessel. The dimensions of a vessel are not specified. [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; See above comment. [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, and increasing the width of non-disturbance buffers. It is recommended that in the event the action is approved, a non-disturbance be established tn mitiqate the local impacts from the dock structure. [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; 9.3 [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. No such facilities are proposed or discussed. 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, /eases, 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 extension of the dock structure will result in a net decrease in public access on public underwater lands. 9.4 Assure public access to public trust lands and navigable waters. A. Provide free and substantially unobstructed passage along public trust shorelands. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 2. Permit limited obstruction of public use, including navigation, in navigable waters: 3. Obstruction of navigable waters and underwater lands is limited: b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (ii) the range of tidal water level fluctuation, The water depth within the proposed location of the dock terminus is shown as 2.5 feet which is limitinq for many types and sizes of vessels. (vi) whether or not alternative means te gain access are available. The applicant presently enjoys access to the public waterbody via an existinq dock structure. The extension of the dock is therefore not warranted and a seasonal vessel mooring may be more appropriate. 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 Aa INSTRI_ CTIONS 1. LV~qRP CONSISTENCY ASSESSMENT FORM ~ ~'~ 0'4~ & All applicants for ~nmts* including Town of Southold agencies, slmH complete this CC~ I~r proposed actions ~m m~e ~bject to the Town of Southold Water,om Consistency Review ~w. TMs assessment is mtend~ to supplement ofl~er ndormafion used by a Town of Southold agency in ~ng a detern~ation of consistency. *Krcept minor ~etnpt actions including Bnilding Pemttits and other ministericd pem~its not located withht the (~ctstal Erosio, Hazard Arect. Before answemlg the questions ill Section C. Hie preparer of this folm should review the exempt minor action list, policies and explanations of each pohcy contained in the Town of Southold Local Waterfi'ont Revitalization Pr%m~m. A proposed action will be evahmted as to its sig~fificmlt beneficial mid adveme effects upon the coastal area (which includes all of Southold Ion^m). If any' question in Section C on tlfis fomx is answered "yes", theu the proposed action may affect the achievement of the LVvqLP policy stmldm'ds and conditions contained in the consistency review law. Thus, the action shonld be analyzed hi more detail and, if necessm3', modified prior to nmkmg a detemfinafiou tlmt it is consistent to the nmx'mnm~ extent practicable xvith the L~q>,P policy standards mid conditions. If mi action calmot be celaified as consistem with the LWRP policy standards and conditions, it shall ~mt be tmdertaken. A copy of the LWRP is available Ln die following places: online at the Town of Southold's website (southoldtovai.nortlffork.net). the Board of Trustees Office, the Plamting Deparnnent? ail local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE .&ND PROPOSED ACTION SCTM# 104 7 9.1 The Application has been submitted to (check appropriate response): Zoning Board of Appeals Town Board [] Planning Dept. [] Building Dept. ~ Board of Trustees [~ CategoW of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by TOWll agency (e.g. capital consmmtion, plamfing activity~ agency re~mflation, land transaction) (b) Finmlcial assistance (e.g. g~nt, loan, subsidy) (c) PemliL approval, license, certification: Nat~u-e and extent of action: This project consists of the construction of a dock with ramp, float and float securing piles, as illustrated on the accompanying plans. Location of action: Site acreage: 29,498 square feet Present land use: Residential Present zoning classification: R-40 1500 Mason Drive, Cutchogue If an applicatiou for the proposed action lms been filed with the Tox~m of Southold ageucy, the following information shall be pro~Aded: (a) Name ofapphcant: FHV LLC c/o KPC Planning Services, Inc. (b) Mailing address: 108 Mill Road, Westhampton Beach, NY 11978 (c) Telephone manber: .4a'ea Code ( ) 631-998-3919 (d) Application umnber, if any: Will the action be dkectly tmde~xaken, requfl'e fimdiug, or approval by a state or federal agency? Yes ~ No [] If yes. which state or l~deral agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances communiD, 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 [~ (Not Applicable- please explain) This proposal is for a private dock on a single-and-separate lot in an existing residential neighborhood. Many of the properties along the shoreline are improved with docks and other shoreline structures. Therefore, this proposal is consistent with the character of the community. Further, the dock will be constructed in accordance with all reqlfirement~ of the Town and the NYRDFC~ and th~'efnre would nnt have any ~i~onifieant irnpact~ on the cna~tline~ environment Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resonrces of the Town of Sonthold. See LXVRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes U No [] (Not Applicable- please explain) The subject property is not located within an historic district, nor is it located within an archaeological sensitive area. The site is located in an existing single-family residential neighborhood. At~ach additional sheets if necessary Poficy 3. E~fl~ance ,dsual quafity and protect scenic resonrces thronghont the Tog'n of Southoid. See Lx, VRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes [] No [-~ (Not Applicable - please explain) The subject property is private residence located within a single-family residential neighhorhnod Further, many of the residences with the neighhnrhnnd are also improved with dnc~k~ and other ~hnreline ~tnu-h~re~ Aecnrdlnc~lv the nrnnn~cl dnelc will not have Attach additional sheets if necessm3, NATL~AL COAST POLICIES Policy 4. Minimize loss of life, stm~etnres, and natnral resonrces from flooding and erosion. See LWRP Section III- Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] {Not A"plicable- please explain) There is an existl~g bu~J~e~d along the southeast comer of the property, which provides for some protection from flooding and shoreline erosion. Further, the proposed dock will be constructed in accordance with the requirements and specifications of both the NYSDEC and the Town of Southold. Anach additional sheets if necessaLw Policy 5. Protect and ilnprove water qnality anti snpply in the Town of Sonthold. See LV~'RP Section IH - Policies Pages 16 through 21 for evalnation criteria [] Yes ~ No ~ (Not Applicable - please explain) The proposed dock will not have any impacts on water quality and supply. Non-treated wood will be used in its construction. Attach additional sheets if necessary Policy 6. Protect and restore the quality and flmction of the Tox~a~ of Sontbold ecosystems inchnling Significant Coastal Fish and V*Zildlife Habitats and wetlands. See LXVRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes [] No ~ (Not Applicable - please explain) The proposed dock comes off of the existing bulkhead and therefore does not need to be constructed ove~ wetlands. Further, the dock will constructed with untreated wood in accordance with NYDEC and Town Altach additional sheets if necessary Policy 7. Protect m~d improve air quality ill the Town of Southohl. See LgVRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section HI - Policies Pages; 34 through 38 for evalnation criteria. ~ Yes I-fi NO [] (Not Applicable - please explain) The proposed dock has no direct impacts on air quality. Attach addi6onal sheets if necessary Policy 8. Minindze environmental degradation in Town of Sonthohl from solid waste and lmzardons substances anti w~stes. See LVCRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [--] No ~ (Not Appncable - please explain) Thc proposed dock and usc thereof will not produce solid waste and hazardous substances and wastes.. PUBLIC COAST POLICieS Policy 9. Provide for pnblic access to, and recreational use of, coastal waters, lmblic lands, and lmblic resources of the Town of Sontbohl. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~] No [] (Not Applicable - please explain) The proposed dock is for private use on a private residential property. Attach additional sheets if necessalT WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locatioILs. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes ~-q No ~ (Not Applicable - please explain) The proposed dock is consistent with the docks located on neighboring properties. Private docks are important to support water dependent uses given that public access to the water is limited. Further, _Liven there are existing docks on neighboring lots. the proposed dock i~ ~eemingly in a suitable location that will not impede n~e nfthe waterway by nther~ Attach additional sheets if necessm3, Policy 11. Promote snstainable use of living marine resources in Long Island Sound, the Peconic Estuary mtd Town waters. See L~qRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~ No [] Not Applicable - please explain The proposed dock is for private use that will not result in any degradation of living marine resources. A~tach addilional sheets if necessal~- Policy 12. Protect agricultural lands in the Tox~a~ of Southold. See LWRP Section Ill - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [~] No ~ Not Applicable - please explain The subject property ~s not located within an agricultural district nor is it adjacent to active agricultural lands. Amqch 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 [] Not Applicable - please explain There is no relationship between a dock and the development of energy and mineral resources. PROPOSED 4' x 39' DOCK WITH CROSS SECTION SCALE 1" = 20' 3' x 12' RAMP, 6' x 20' FLOAT, TWO-PILE (12" Dia.)FLOAT-SECURING DOLPHINS (3), & TWO-PiLE (12" Dia.) BOAT-SECURING DOLPHINS (2). NO TREATED WOOD. I' 5~ '1 EXISTING GRADE ................... AMHW 4 x4 PILES EXISTiNG GRADE DOLPHINS ('~)(12" Dia. PILE DOLPHIN DETAIL TWO-PILE BOAT-SECURING DOLPHIN (2) (12" Dia. PILES) NTS WATER DEPTH (FT) 1.0 1.5 2.0 2.2 2.3 2.5 2.6 2.7 2.8 0 10 20 30 40 50 60 70 80 DISTANCE FROM EXISTING BULKHEAD (FT) 12" PILES (2) . _ : ........ PROPOSED 4' x 39' DOCK WITH r ~. "r ~ ~ 3' x 12' RAMP, 6' x 20' FLOAT, .... ~ ~ ......... TWO-PILE (12" Dia.)FLOAT-SECURING DOLPHINS (3), & TWO-PILE (12" Dia.) BOAT-SECURING DOLPHINS (2). N/F GRACE KAUFMAN NO TREATED WOOD. 1502 MASON DRIVE CUTCHOGUE NY 11935 TIMBER t BULKHEAD ~ AMHW. AMLM. & TWL I ! ./AT BULKHEAD ,85 --,'II / / T,MBER ~ 1.5 / BULKHEAD / 1.0 2.0 / z ~ 47 ft HOUSE ~O ~ W/3I, W~IDE WALKWaY~ ~ ~u p. ~ DOLPHINS(2) .0 I AMLW HAYWATER COVE\ \ ~ WIDTH OF WATERWAY .', ~ APPROX. 356 FT. LIMIT OF TIDAXl-x -_ 225ft WETLANDS x , xx ~AMHW N'~-~L.~ BROADWATERS DR Location Map FHV LLC Property SCTM# 1000-104-07-09.1 :~,-, 1500 Mason Drive REVISIONS DATE ~. -". : I ' · W: 631-99&3919 F: 631-998-3921 E kpcplanning@optonline.net ~, ~raw~n..o.: B-DOCK-A sC^~E: I1"= 40' I Drawn By: ~hoot No: ~a~: 0~/0 ~/~ ~ ~v~o co,~ns, ^~c~ ~' OF 2 VIEW NORTH: EXISTING HOUSE, BULKHEADING VIEW EAST: EXISTING BULKHEAD AT SUBJECT PROPERTY; AND WALKWAY AT SUBJECT PROPERTY NEIGHBORING DOCKS IN BACKGROUND VIEW SOUTH~ST: EX|STING BULKHEAD(S) AT SUBJECT PROPERTY; ViEW SOUTH: EXISTING BULKHEAD(S) AND WALKWAY NEIGHBORING DOCK IN BACKGROUND AT SUBJECT PROPERTY ALL TAKEN 09-12-2011 Location Map Salice Property SCTM# 1000-~ 04-07~0~. ~ 1500 Mason Drive ,,,.,,r~,~l,~~'"~"~,~' DATE PLANNING SEkVICES, INC. ~"'": 09/01/11 KyleColhns, AICP' 1 OF 1 FHV LLC Property SCTM# 1000-104-0%09,1 1500 Mason Drive REViSiONS Cutchogue, NY DA_TE ----- PLANNING SERVICES, INC, !08 Mdl Ro@d Westhamptof~ Beach NY 11978 W 63%998-3919 F 63%998-3921 E kpcplanning@optonhne net B-VICINITY-A ~-- - ' 09/01/11 Kyte Collins, AICP 2 OF 2 Location Map N FLOOD ZONE FROM FIRM MAP NUMBER 3610JCO164H SEPTEMBER 25, 2009 ELEVATIONS REFERENCED TO N.A. V.D. zo~ x SURVEY OF PROPERTY AT CUTCHOGUE TO~YN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-104-07-9.1 . / SCALE: 1'--$0' ~ JULY 27, 2011 AUGUST 11, 2011 (ADDITIONAL SOUNDINGS 29.0' 7-- =DEPTH OF WATER AT LOW TIldE"'/ =MONUMENT =PIPE =WETLAND FLAG AREA=29,498 SO. FT. TO TIE LINES ANY ALTERA~ON OR ADDITION TO THIS SURVEY IS A ~IOLATION OF SEC110N 72090F THE NEF/ YORK STATE EDUCATION LAI~. EXCEPT AS PER SECTION 7209-SUBDI~'1~ION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THERE~~' ONLY IF SAID MAP OR COPIES BEAR THE I'f, CPRE~D SEAL ~' THE SURVEYOR WHOSE SIGNA ~7.IR£ APPEARS HEREON. CER 17FLED CHARLES V. THE BRIDGEHAMP ; NAT BANK BRIDGE ABSTRACT LLC STEWART TITLE INSURANCE COMPANY ECON/'~ N.Y.S. LIC. NO. 49618 U~ORVEYORS, P.C. ~6,51) 765-5020 FAX ~6,.71.) 765-1797 P.O. BOX 909 ~2~o TRA V~ER STREEq SOUTHOLD, J. × I~9~1 I I~-~ 7G