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Home My WebLink About1000-111.-1-15 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 I 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: May 15, 2012 Re: Proposed Wetland Permit for WILLIAM & PATRICIA BAXTER AND GOELLER FAMILY SCTM#1000-111-1-15 En-Consultants on behalf of WILLIAM & PATRICIA BAXTER AND GOELLER FAMILY TRUSTS requests a Wetland Permit to install a 6'X 20' floating dock secured by (2) 8" dia. pilings and a 3'X 14' hinged ramp to be connected to existing bulkhead; and remove existing mooring piles as necessary. Located: 420 Fisherman's Beach Rd., Cutchogue. SCTM#111-1-15 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; the construction of the proposed dock structure +14' distance from the property line to the west is not a permissible action pursuant to 275-11 Construction and operation standards, and is INCONSISTENT with LWRP Policy 6.3 (below) and therefore, INCONSISTENT with the LWRP. 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: [5] All docks, including any vessel tied to the dock, shall have a minimum clearance of 15 feet of the seaward extension of any property line from adiacent parcels so as not to interfere with the neighbor's access to waters, unless the Trustees decide otherwise for navigational or other reasons. Waterside boundaries can be identified using the appropriate method for the shape of the shoreline for Long Island waters specified in 9 NYCRR 274.5. What is the distance to the parcel line? Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its wdtten determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold A. INSTRUCTIONS 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, listinu both sul~l~ortin~, and non- supporting 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 libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION A?E 2 .~ 2012 111 1 . 15 PROJECT NAME WiLLiAM & PATPdC1A BAXTER AND GOELLER FAMILY TRUST BY EN-CONSULTANTS The Application has been submitted to (check appropriate response): .~x,~ TownBoard ~] PlanningBoard~] Building Dept. [---] Board of Trustees [~~ of Town of Southold agency action (check appropriate response): ~-% Category (a) Action undertaken directly by Town agency (e.g. capital ~_] ~4_~ ~ construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: hp~ 3 0 2012 [5~ Nature and extent of action: Install a 6' x 20' floating dock secured by (2) 8" diameter pilings and a 3' x 14' hinged ramp to be connected to existing bulkhead; and remove existing mooring piles as necessary, all as depicted on the project plan prepared by Eh-Consultants, dated April 20, 2012. Location of action: 420 FISHERMANS BEACH ROAD, CUTCHOGUE Site acreage:. 0.08 ACRE Present land use: VACANT-RESIDENTIAL, PRIVATE BOAT DOCKAGE 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) N amc of applicant: WILL1AM & PATRICIA BAXTER AND GOELLER FAMILY TRUST (b) Mailing address: c/o WILLIAM BAXTER, 4995 NASSAU POINT ROAD CUTCHOGUE, NY 11935 (c) Telephone number: Area Code 772-285-0877 (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~ DEC & CORPS 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 Southoid 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 ~ Notnpplicable 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 D 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 II1 - 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 The proposed float will be constructed with untreated timber decking and will be removed seasonally to minimize any possible potential impacts on water quality. 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 ~1 No [~] Not Applicable The subject and adjacent shorelines are fully bulkheaded; and there are no vegetated wetlands or other aquatic vegetation present at or adjacent to the site. The proposed float will be constructed with untreated timber decking and will be removed seasonally; the float will not extend any farther seaward then the adjacent bulkhead to the west and will be located well landward of the adjacent fixed dock to the west; and the site is already used for boat dockage, so there is no change in use proposed. The project conforms to the standards and policies set for by Chapter 275 of the Town Code and Article 25 of the NYS Environmental Conservation Law and will thus be consistent with Policy 6. Attach additional sheets if necessary Polley 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation eriterla. [~ 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 73 No mot App.cable 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 ~ No ~ Not Applicable The proposed seasonal mmp & float assembly will neither preclude nor otherwise impact or affect public access to or recreational use of the adjacent waterway. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Sonthold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section IH - 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 Peeouie 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 Sonthold. See LWRP Section Ill - Policies; Pages 62 through 65 for evaluation criteria. [~ Yes [--] No [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate nsc 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 -~ ~ ROBERT E~ HERRMANN TITLEcoASTAL MGMT SPECIALIST DATE April 25, 2012 Amended on 8/1/05 H o yw a t er s Cove EX. TIE-OFF PILES PROP. 8" PILE (TYP.) TO BE REMOVED x 20' FLOAT LITTLE HOG NECK 3' x 14' RAMP Haywo ters F~ o a d f E N- CONSULTANTS 1319 NORTH SEA RD. SOUTHAMPTON, NY 11968 631-283-6360 PROPOSr;P FJ~F ANI2 FLOAI' FOR WILLIAM ANP PA11~ICIA BAXI'CR ANP 5LTCLLI{:R FAMILY 11L:~LI51'5 ON HAYWAI'CR5 COVe, CLIfCHO6i~, ~It~FObK CO,, NY 5H~'r l OF I ":"~'- "ISAX[I~I('& (.()I'A AA~· · ' ~:AM ILY TRUST, 420 FISI I ERMAN'$ .,I~AC I t ROAI), (U· ·I'CttOG UE· · WIIAAAM Figure I. Aerial photo of ~ttbject property and adjoining shoreli, e. Photo b ' Micrt~q/? (brporatiott. Fig, ute 2. Looki.jd .orth toward Itt(;,water~ ('ore re,er Iocatiott o/ propo.~ed ramp and.[lt~at. Wll ,LIA]Xl ~XTER' & (~()ELLI~X AMII~Y TRUST, 420 IqSIIERMAN'N ,,r~A('lt ROAI), (!UTCItO(~UE Fi,~,~re 3. I. oo~it~ ea~! over I~wli~ ~t/ l~r~l~t,d ramp ~iml./loa! and al adiact,t t./loalin# d~ ~'~ Io e~,~'l. IIIII ' 1'Tgttrc ~1. Loo/~iJJ,~ we.st at Iocatiott o/pr~post,d ramp and. II,Jar a.d at adj t~'t'l I./l mt/I.[, aml.f~x ~d Ioc~ ~ t ~ ,e~st