The URL can be used to link to this page

Home My WebLink About1000-64.-3-3.2 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS:L 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: March 21,2012 Re: Proposed Wetland Permit for JOSEPH & HEIDI BATFAGLIA SCTM#1000-64-3-3.2 Patricia C. Moore, Esq. on behalf of JOSEPH & HEIDI BATrAGLIA request a Wetland Permit to construct a 4'X 68' fixed dock elevated a minimum of 4' above grade; install a 3'X 15' seasonal ramp; and a 6'X 20' seasonal floating dock. Located: 2100 Hobart Rd., Southold. SCTM#64-3-3.2 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, 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 wate~vays for swimming, boating, fishing, she#fishing, waterskiing and other water-dependant activities; A net loss in public use of waterways is expected as a result of the construction of such a structure in/on public waterways. The distance to the opposite shoreline has not been provided correctly. It should be measures from the vessel to the opposite shoreline to establish that the action will not impede naviqation of the Town Creek. [5] Whether the dock will cause degradation of surface water quality and natural resources; The mean water depths reference -2.9 feet at the dock terminus.. What is th~, expected draft of a vessel moored at the proposed dock? Insufficient water depths could result in bottom scarrinq, turbidity and loss in marine species. [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera ma#ne) and widgeon grass (Ruppia maritime) or shellfish; There is a hiqh probability that commercially valuable shellfish species occur in the proPoSed location of the dock structure. The introduction of a dock structure (piles) will result in a net loss of shellfish species. An answer to this question has not been provided. [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 prelect 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. The answer to this question has not been provided. 9.3 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, leases, 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. A public boat ramp is located just south (rou.qhly 1120') of the parcel providin.q adequate public access for recreational boatinq to public waters. The placement of a private residential dock structure in public trust lands and/or waters results in a permanent net loss of public use of such lands and waters. 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 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 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). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP'~olicy standards and conditions. If an action cannot be certified as consistent with the LWRP p&l~cy standards and conditions, it shall not be undertaken. ~ [ ~/r~ A copy of the LWRP is available in the following places: online at the Town of Sout~s ~e / (southoldtown.northfork.net), the Board of Trustees Office, the Planning Delhl~xal~ocal liJ:x,~ies and the Town Clerk's office. O~ ('3 ~'''~ ~ B.DESCRIPTION OF SITE AND PROPOSED ACTI SCTM# 1000-64-3-3.2 (Joseph & Heidi Battaglia) / AGENT: Patricia C. Moore Esq. J ~ 3 0 51020 Main Road, Southold NY 11971 631-765-4330 : The Application has been submitted to (check appropriate response): Town Board[3 Planning Dept.[3 Building Dept. V1 ~x,o~ ~ Board of Trustees X Zoning Board of Appeals 1 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: [3 Type: Trustees Permit Town of Southold LWRP Consistency Assessment Form Nature and extent of action: Property subdivided and improved separate lot created in December 2011~ proposed 4' x 68' fixed dock, 3' x15' seasonal ramp and 6' x 20' seasonal float; minimum 4' above grade Location of action: 2000 Hobart Road, Southold Site acreage: 1.5 acres to tie line Present land use: residential 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: Joseph & Heidi Battaglia (b) Mailing address: 28 Wilton Road, Cold Soring Harbor, NY (c) Telephone number: (516-785-8974) or Pat Moore 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: 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 o fa coastal location, and minimizes adverse effects of development. See £ WRP Section II1 - Policies; Page 2for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The proposed dock makes beneficial use of the waterfront residence. The new dock has received DEC, Dept. of State and Dept. of Army approval. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold See LWRP Section Ili- Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): The site is not identified as area of archeological sensitivity or on the National Register on the map produced by NYS Dept. Of State, Division of Coastal Resources. Town of Southold LWRP Consi$1ency Assessment Form 2 Policy $. Enhance visual quality and protect scenic resources throughout the Town of Southold See LWRP Section Ill - Policies Pages 6 through 7for evaluation criteria Yes X No [] Not Applicable [] Discussion (ifappropriate):the residential use of the property will not change. The propsed dock conforms to the Town's regulations. NATURAL COAST POLICIES Policy 4. Minimize loss' of life, structures, and natural resources from flooding and erosion. See LWRP Section 1II- Policies Pages 8 through 16for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): The property is on the Town Creek; upon information and belief, every waterfront lot along Hobart Road and across the water has residential docks. The dock will not impact property with respect to flooding or erosion Policy& Pr°tect and improve water quality and supply in the Town of Southold. See L WRP Section Ili - Policies Pages 16 through 21for evaluation criteria Yes No [] Not Applicable X Discussion (if appropriate): The house was constructed with a new sanitary system. designed to nrevent discharge of runoff into surface waters through use of ~uttera and leaders. The owner planted native and Iow-fertilizer dependent plant speciex which reduce nitrogen loading from the site. The previous Trustees permit for house required a 30' non-disturbance buffer, the dock will conform to the Trustcea standards and does not impact water quality or supply. Policy 6. Protect and restore the quality and function of the Town of SouthoM ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section IlI- Policies; Pages 22 through 32for evaluation criteria. Yes No [] Not Applicable X Discussion (if appropriate): The site is adjacent to Town Creek and the proposed dock has been rreviewed by the DEC, Dept. of Army and Dept. of State with regard to impact on the habitat and wetlands. All regulatory agencies have issued a permit. Policy Z Protect and improve air quality in the Town of Southold. See L WRP Section lll- Policies Pages 32 through 34for evaluation criteria. See Section 1II - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (ifappropriate):No impact is anticipated to air quali _ty Town of Southold LWRP Consistency Assessment Form 3 Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III -Policies; Pages 34 through 38for evaluation criteria. Yes No [] Not Applicable x Discussion (if appropriate): The proposed structures will not impact solid waste or hazardous substances. Materials used for proposed dock comply with Town standards. 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 46for evaluation criteria. Yes X No [] Not Applicable X Discussion (ifappropriate):The parcel is private, however, access along the beach is open to the public 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 56for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): the waterfront property retains riparian rights; or0oosed dock enables owners to access Town Creek with their vessel. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section Ili - Policies; Pages 57 through 62for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The NYSDEC, Army Corp and Department of State regulations prevent degredation of the environment, Policy 1Z Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate)-' The area is not a designated agricultural district. The neighborhood consist of single family homes on existing parcels with docks Town of Southold LWRP Consistency Assessment Form 4 Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section II1 - Policies; Pages 65 through 68for evaluation criteria. Yes X No [] Not Applicable [] l)iseussion (ifappropriat¢):Residential development is a recognized permitted and encouraged use in the Town of Southold~ waterfront parcels have the right to seek permits for residential docks. *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 NYSDEC APPROVED A~ PER 'IEI:~6 ISection 1" = 20' Plan View Prepared for: Joe Batt, aglia Proposed: Dock, Ramp & Float Purpose: Private Mooring Surveyed: 12-2,3-09 SCT# 1000-64-3-3 Situate: Southold Town: Southold Suffolk County, NY Datum: Low Water Proposed Dock 4' x 68' Seasonal (min. 4' abv. grd.) Ramp 3'x 15' I l I I / I I i-.~.Float 6' x 20' '6".~ia $~}~." " ' 8' o.c. piles ~'~- % '",, % JAN ! 9 % ',, 2012 ROBERT H, FOX NYS PLS# 50197 BOX # 366 Aquebogue NY 11~31 SCALE ']'Y?ICA/, PLOT PROPOSED SEPTIC SYSTEM DETAIL ,% FINAL PLAT OF JOSEPH & HEIDI BATTAGL1A ~ITUA TE SOUTHOI,D TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No, 1000 64 03-03 SCALE 1"=$0' MAY 28, 2008 / SECTION B-O CONCRETE DRIVEWAY APRON dAN 1 9 2012 Nathan Taft Corwin III Land Surveyor