The URL can be used to link to this page

Home My WebLink About1000-86.-5-9.1 OFFICE LOCATION: Town Hall 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: December 12, 2011 Re: Proposed Wetland Permit for DONNA WEXLER SCTM#1000-86-5-9.1 DONNA WEXLER requests an Amendment to Wetland Permit #5046 to add a 4'X 15' extension to the existing catwalk; add a 4'X 12' dock in an "L" configuration; relocate stairs to southwest side of dock; and add two swim ladders at northeast and southwest ends of "L" section. Located: 1775 Indian Neck Lane, Peconic. SCTM#86-5-9.1 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 LWRP policy standards and therefore is INCONSISTENT with the LWRP. Richmond Creek is a Si,qnificant Coastal Fish and Wildlife Habitat (SCFWH) and Critical Environmental Area. Any proposed action in a Critical Environmental Area may bP, subiect to more strin,qent requirements such as denial of certain operations, and shorteninq or reducin.q the size of the structure pursuant to § 275-11 Construction and operation standards. Policy 6. Protect and restore the quafity 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. § 275-11 Construction and operation standards. (7) Crftical environmental areas. 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 deta#ed 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. The proposed dock location will terminate in an area with water depth less than 2.3 feet. The use of a vessel (althou.qh not identified) associated with the proposed dock could have potential adverse impacts to the public trust bottomland {hull restinq on bottom, prop dredqinR). It is recommended that the potential impacts to the public trust bottomland from a vessel be considednq when reviewinq the proposed action. Policy 9-Previde for public access to, and recreational use of, coastal waters, public_lands, and public resources of the Town of Southold. The proposed action is private, noncommercial and will not support a pattem of development that enhances community character nor preserves "Public" access er public recreational activities. The extension of the existin.q dock will eliminate the public use of the underwater lands in the vicinity. Policy Standard-g. 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 less than 2.3 feet which is limitinq for many types and sizes of vessels. (vi) whether or not alternative means to gain access are available. The applicant presently enioys access to Richmond Creek via an 60'+ existin.q dock structure. The extension of the dock is therefore not warranted. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing ils written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town 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 Water~ont 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 end 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). 3: B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ~o ~' ~q'. ~ 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- suooortiml facts. 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 xs avatlable in the following places: online at ~T~ ~Wr~-~f website (southoldtown.northfork.ne0, the Board of Trustees Offi~tCj~BYanfiin~T)~pamnent, all local libraries and the Town Clerk's office. PROJECT NAM3E The Application has been submitted to (check appropriate response): TownBoard ~-] Planning Board [-'~ Building Dept. [] BoardofTrustees 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) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Locationofaction: ~,[~- ~,~ ~k,-~.~k_ ~Lt, e,t~ ~qL~ Iiq~¢~ Site acreage: 2, '~- (2~ - Present land use: ka~.~¢.~ Present zoning classification: A~ ~~ 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: (b) Mailing address: (c) Telephone number: Area Code (). (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 infrastrncture~ 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 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 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 Seetlon III - Policies Pages 6 through 7 for evaluation erlterin 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 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 J~Not Applicable 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 IH - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Appb~able 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. [~ 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 IH ' Policies; Pages 38 through 46 for evaluation criteria. ~ Ye~ No[~NotApplicable 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 III- Policies; Pages 47 through 56 for evaluation criteria. 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 and Town waters. See LWRP Section HI - Policies; Pages 57 through 62 for evaluation criteria. Yes No [Z~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 [~ 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 ~ Not Applicable PREPARED BY~3"~'~'-,~&~,~.~,'~ TITLE Qi~",~,3 DATE RICHMOND CREEK EXISTING__. 4' x 6' ALW TOP 8 HAGSTROM SUFFOLK COUNTY MAP 2.3 GRID H-40 SCALE 1"--5000' OF SLOPE 1625 INDIAN NECK ~ 1000-66-05-8.1 MARGAREF HALLDEN · 612 ~ND AI/ENUE BALDWIN. NY 11510 175' SCTM 1000--86-05--9.1 DONNA IGI.~-WEXLER 1775 INDIAN NECK LANE P/CONIC, NY 11958 1775 INDIAN NECK LANE 150' INDIAN NECK LANE ADD 4' WIDE BY 15' NEW DOCK SECTION IN UNE WITH EXlSI1NG 60' CATWALK. ADD 4' WIDE BY 12' NEW ELL OOCK SECTION ON SOUTHWEST SIDE OF CATWALK EXTENSION. RELOCATE STAIRS TO SOUl. WEST SIDE OF DOCK. ADO TWO S~MMING LADOERS AT NOR11~E~T AND SOUTHWEST ENDS OF ELL SECTION. NEW PILES 6"e BY 20' CC.A. NEW DIMENSIONAL LUMBER ACQ OR EQUAL TREA]~MENT, NEW DECK FIR TOWN OF SOUTHOLD PERMIT No. 5046 NYSDEC PERMIT No. 1-4758-01117/0..5 1925 INDIN~ N~CK LANE 558 4th AVENUE CATWALK EXTENSION RICHMOND CREEK PECONIC TOWN OF SOUTHOLD APPLICANT: DONNA IGLESIAS-WEXLER DRAWN BY: CORWlN SHEET 1 OF 2 AUGUST 7. 2011 PLAN VIEW SCALE 1'=50' EXISTING CATWALK PROPOSED EXTENSION i ~;0' ' I 15' E~ ~ -- ~ 2.2' ~ ~ - 12.2' ~--SWlM LADDER (2) 6"~ x 20' CCA PILE RELOCATED STNRS 8' PENETRATION CROSSVIEW SCALE 1"=10' - t 0!1 Southhoid ]own Board of Trustees CATWALK EXTENSION RICHMOND CREEK PECONIC TOWN OF SOUTHOLD APPLICANT: DONNA IGLESlAS-WEXLER DRAWN BY: CORWIN SHEET 2 OF 2 AUGUST 7, 2011