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Home My WebLink About1000-123.-3-20 OFFICE 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: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator 'Date: June 20, 2012 Re: Proposed Wetland Permit for JOAN F. WHELAN SCTM#1000-123-3-20 En-Consultants on behalf of JOAN F. WHELAN requests a Wetland Permit for the existing dock consisting of a 3'X 24' fixed timber catwalk, 3' X 11.5' hinged ramp and a 5'X 20' floating dock. Located: 1645 Bungalow Lane, Mattituck. SCTM#123-3-20 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 listed policy standards provided below. 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 dock structure was constructed without a Chapter 275 Wetlands Permit. Further, 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: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; Chapter 275 requires that the determination of the lenqth of the dock must include the dimensions of the vessel. The dimensions of a vessel are not specified. [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fshing, shellfishing, waterskiing and other water-dependant activities; [5] Whether the dock will cause degradation of surface water quality and natural resoumes; Applicant does not show current water depths on plans. Therefore an assessment of impacts (if any) of a vessel cannot be made. [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 answer to this question has not been provided [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. 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 EN-CONSULTANTS 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING Mark Terry, LWRP Coordinator Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 MAY 2 3 2Z2 Re:, Joan Whelan. 1645 Bunnalow Lane, Mattituck Dear Mr. Terry: t ~,,~ .'"5 ' ~ In late April we submitted an application to the Board of Trustees for a Town Wetlands Permit to permit an existing, functional dock present on the subject property, which based on a review of historic aerial photographs and informntion provided by the current owner appears to live been improved with a dock since the late 1960s. Although the current owner wishes to legalize the existing dock so that ordinary repairs and maintenance may be performed on the structure in the future, no such repairs or maintenance are proposed at this time, and therefore no activities are proposed that would constitute an "action" requiring review under Chapter 268 as defined by §268-3. Therefore, we did not notify you of our filing or submit an LWRP Consistency Assessmem Form with our application to the Trustees. During the public hearing held in May, however, the Trustees requested that they receive a formal determination from you. Therefore, t am enclosing herewith a copy of the application that was filed with the Trustees for your review and determination. It is worth noting that even if repairs were presently proposed, such work would constitute "maintenance or repair involving no substantial changes in an existing structure or facility," i.e., a "minor action" still not subject to waterfront consistency review pursuant to §268-3. However, should you determine that the application is subject to review pursuant to Chapter 268, I live also enclosed a LWRP Consistency Assessmem Form. Re~y YOURS, Robert E. Herrmann Coastal Management Specialist co: Lauren Standish, Board of Trustees Town of Southold A. INSTRUCTIONS 1, LWRP CONSISTENCY 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 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). 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- supportine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# ~23 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. DESCRIPTION OF SITE AND PROPOSED ACTION 3 - 20 PROJECT NAME Joan F. Whelan 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) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Legalize preexisting dock, consisting of a 3' x 24' fixed timber catwalk; 3' x 11.5' hinged ramp; and 5' x 20' float, all as depicted on the survey prepared by Kenneth M. Woychuk, L.S. dated April 19, 2012. Location 6f action: 1645 BUNGALOW LANE, MATTITUCK Site acreage:. 22,199 S.F. Present land use: SINGLE-FAMILY DWELLING WITH DECK 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: JOAN F. WHELAN (b) Mailing address: 1645 BUNGALOW LANE MATTITUCK, NY 11952 (c) Telephone number: Area Code 412-999-6288 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes I I 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. ~]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 Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~ No ~ Not Applicable 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 ~ 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 III - Policies; Pages 22 through 32 for evaluation criteria. Yes ['--] No [~ Not Applicable The subject property appears ,to have been improved with a dock structure since the late 1960s, and the existing dock is coexisting with a vegetated marsh located beneath and adjacent to it. As there is no work proposed but only the requested permitting of the dock, there is nothing proposed that would alter the existing quality or function of the adjacent wetlands or ecosystem. 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 ~ NoR 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 Ill - Policies; Pages 38 through 46 for evaluation criteria. Yes [~ NoN Not Applicable Legalization of the existing dock structure will not impact public access to or recreational use of the adjacent waterway, public lands, or public resources of the Town of Southold, as the existing structure does not impact the existing quality or function of the adjacent wetlands or ecosystem. Attach additional sheets if necessary WORKING COAST POLICIES Policv 10. Protect Southold's water-denendent uses and promote siting of new water-dependent uses in suitaffle locations. See LWRP Section I~[I - Policies; Pages 47 through 5~ for evaluation crl'teria. [~] 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 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 [~] 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 throogh 68 for evaluation criteria. [~] Yes [--] No [~ Not Applicable OBE~R~-'~ I R E. HERRMANN TITLEcoastal Management Specialist DATE May 22, 2012 PREPARED BY Amended on 8/1/05 $.C.T.M. NO, DISTRICT: I000 SECTION: 123' BLOCK: LOT(S): 20 OF SPRANER LOT 15 DEUNEATED 13Y £N-CONSULTANTS LOT 16 '0 LOT 17 LAND OF E. ARMONE AREA: 22. 199.06 SO.FT. or 0.51 ACRES THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCATIONS SHOFRV ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. UNAUTH¢RI~D ALTERATION OR ADDITION' TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAI~ C~PlES OF ~IIS SURVEY MAP NO1 BEARING THE LAND SURVCYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID ]RUE COPY; GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR I~HOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED I~CREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OPF~ETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USC THEREFORE THEY ARE NOT INTE~¢DED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR ~UBSURFACE STRUC~-URES RECORDED OR UNRECORDED AR SU~VE~ Or: LOT 76 MAP OF: PLAN OF MARRATOOKA PARK FILED: MAY 7, 1913 NO. ? 9 SITUATED i,T: MATTITUCK TOW~ OF: ;OUTHOLD SUFFOLK COUNTY, NEW YOrK FILE ~ 12- 47 SCALE: 1"=50' DATE:APRIL 19, 2072 NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE nME OF SURVEY CERTIFIED TO: JIM WHELAN; KENNETH M. WOYCHUK L.S. l~.d Surveying and Design P.O. Box 3, Mattituek, New York 11952 PHONE (63t) 298-tfi88 FAX (631) 298-i588