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Home My WebLink About1000-104.-10-6 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: 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 BARBARA KLEIN SCTM#1000-104-10-6 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. Suffolk Environmental Consulting, Inc. on behalf of BARBARA KLEIN requests a Wetland Permit to construct a 4'X 106' elevated catwalk secured with twenty-eight (28) posts @ 6", a 3'X 15' hinged ramp and a 6'X 20' floating dock secured by four (4) pilings @ 8". Located: 320 Broadwaters Rd., Cutchogue. SCTM#104-10-6 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of $outhold 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. The property enioys access to Cutcho.que Harbor (public waters of New York State) currently via the opportunity for a moorin.q (see aerial). 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 afl Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions The appl;cant 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) Re~ie.,v 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; The 158' dock will impede and hinder the use of the public waters for recreational activitie.-, including boating, fishing, shellfishing and other water dependent activities. Figure 2, Existing mooring (yellow circle marks mooring) relative to dock location Additionally, 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. The dock structure lenqth in relation to the adjacent existinFl dock structures lenqths are not shown. It appears that the dock proiect seaward do the existinq dock line. [3] Whether the dock will unduly interfere with transit by the public along the public beaches or fore4~hore; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; T_he 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. The pr:o_[~osed dock structure will result in the fraqmentation of marine environments. [71! 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; This; question has not been addressed, 5~ ~',.) ~.~ 2_. Figure 2. [f 1~~ 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 continued construction of dock structures within a Significant Fish and Wildlife Habitat/Critical Environmental Area will affect the public use of the area, and deqrade tho eccloaical aualitv of the arp. n thrnllnh infrnrhlnfinn nf ¢'nnfaminanfe 9.3 A. through the loss and/or impairment of habitat, disruption of habits and migration pattems (structure and activity) and introduction of harmful contaminants. The most common contaminant associated with docks is wood preservatives impregnated into the wood used to prolong the life of a dock. Three trace metals; arsenic, chromium and copper are the most common. These three metals have the greatest potential to increase in estuarine environments from docks (Sanger and Holland 2002). 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. 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. 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. The extension of the dock structure will result in a net decrease in public access to/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: A moorin.q field occurs in the area providin.q temporary private use of the public 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 3.9 feet which is limitinq for many types and sizes of vessels. Essentially due to limited water depth, alternative to moorinq boats should be required (Moodnq). (vi) whether or not alternative means to gain access are available. The applicant presently enioys access to the waterbody via an existinq moorinq. Due to the shallow water depths and environmental sensitivity of the area...moorin,q of vessels are more appropriate in this area. 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 Ao 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 i, n~kfllg &~lefermihation of consistency. *Except minor exempt actions including Building Permits and other m]nisterial permits not located within the Coastal Erosion Hazard Area. INSTRUCTIONS 1. ._ [ ,42. t- l~ef~ans~e_~j~g the questions ~n Section C, the preparer of th~s form should review the exempt [ ..m?or ~actio~ list,ipolicies and explanations of each policy contained in the Town of Southold Local ! ---- ~. ~evithlization Program. A proposed action w be eva uated as to ts s gnif cant ..... [ ~c~al and a erse effects upon the coastal area (which ~ncludes all of Southold Town). 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 tnaximum extent practicable with the LWRP policy standards and conditions. 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 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. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 104 10 006 The Application has been submitted to (check appropriate response): - TownBoard [-] Planning Dept. [~ Building Dept. [~ Board of Trustees []~~f~ 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: Nature and extent of action: Applicant proposes to construct a Proposed Dock Assembly along the northern shoreline of the property in order to provide practical access to Broadwater Cove and waters beyond. The proposed structure is to consist of the following: (1) Elevated Catwalk (4.0' wide x 106.0' long) secured with twenty-eight (~28) posts ((~ 6.0"qb); (~2) Hinged Ramp (5.0' wide x 15.0' long); and ($) Floating Dock (6.0' wide x ~o.o' long) secured by four (4) pilings ((~ 8.o" qb). Attach additional sheets if necessary Location of action: Site acreage: 320 Broadwates Road; Cutchogue; Town of Southold~ NY 1.02 acre -+ Present land use: Improved w/single family dwelling and related appurtenances. 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: BARBARA KLEIN (b) Mailing address: 320 Broadwaters Road; Cutchogue; Town of Southold~ NY (c) Telephone number: Area Code ( 631 ) 734 - 2725 (d) Application number, if any: N/A 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? 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 Subiect orooosal is consistent with the policy in that the siting and utilization of the orooosed dock assembly will maintain the character of the surrounding neighborhood, which currently consists of many similarly-improved residential lots with similar accesson/structures (i.e. dock assemblies along Broadwaters Cove). Additionally, subject proposal will be in harmony with the "...beneficia! use ofa coasta! location..." in that the legally created residential waterfront fi.e. coastal/lot will be enhanced by the inclusion of the proposed dock assembly in order to access the contiguous surface waters. Accordingly, we believe that this project is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section lIl- Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Subject ~rooosal is not applicable to this policy in that it will have no impact to any potential historic and/or archaeoloqical resources within the surrounding area. 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 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the surrounding area is currently comprised of properties improved with similar appurtenances li.e. dock assemblies) of e(]ual, if not (]mater. size and scope. Scenic resources, assumedlv views of Broadwaters Cove, are not at risk due to the proposed dock assembly being typical of the character of this section of waterfront. Accordinolv, this proposal will comply with Policy 3. 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 Subject proposal will fully comply with Policy 4 in that the proposed dock assembly is desiqned to be comparable in design and scope as that of the surrounding dock assemblies, which have not resulted in loss of life, structures, and natural resources within this area. Accordingly, this proposal will comply with Policy 4. 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 Subiect proposal is not applicable to this policy in that it will have no effect to the water quality/supply within the surroundino area. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid 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 Subject proposal will maintain the quality of the surrounding ecosystem in that the proposal is typical of this section of Broadwaters Cove, which has not resulted in significant effects to the surrounding ecosystem. Accordingly, this proposal will comply with Policy 6. 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 Subiect oroposal is not applicable in that the proposal is simply to improve subiect property with a dock assembly which will not result in any form of adverse effects to air quality. Accordinqly, this proposal is not aoolicable with this policy. 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 Subject orooosal is not applicable in that the proposal does not involve disposal and/or transportation of solid wastp hazardous waste, toxic pollutants, petroleum products. Attach additional sheets if necessary 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 Subiect proposal is not applicable to this policy in that the proposal is attendant to a private dwelling. Regardless, this prelect will not impede any access to the surface waters in and around subiect property and/or become detrimental to the recreational use of the surroundinq resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subject t~roposal is applicable in that a water-dependent use (i.e. access to surface waters; boating) is being sited onto a waterfront parcel, however, with regards to this Policy's concerns with marinas, aquaculture, etc..., this proposal is not applicable due to this proposal involvinq onlv a private docking assembly. 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 Subiect Drol~osal is not applicable in that the proposal does not involve any form of marine resource management [i.e. commercial fisheries, recreational fisheries, aquaculture, etc...). 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 Subiect proposal is not applicable in that the proposal does not involve aqricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal agricultural production, etc...) 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 Subject proposal is not applicable in that the proposal does not involve the conservation of enerq¥ resources on a commercial level and/or the promotion of alternative enerqy sources, proper maintenance of fuel storaqe facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 5/25/05 11:20 AM SITE PLAN VIEW Scale: 1.0" -- $0.0' -+ KLEINProperty Proposed Dock Assembly Situate 820 Broadwaters Road; CutChogue; Town 0fS0Uthold, New york - SCTM #: lO00 - lO4 - 10 - 006 475'± /PROPOSED DOCK ASSEMBLY 96.0' -+ [to ALW] ~ LOT 182 ~ O0 zz PROJECT DESCRIPTION: Applicant proposes to construct a Proposed Dock Assembly along the northern shoreline of the property in order to provide practical access to Broadwater Cove and waters beyond. The proposed structure is to consist of the following: (l) Elevated Catwalk (4.0' wide x 106.0' long) secured with twenty-eight (~8) posts (~ &o"q~); (~) Hinged Ramp t&0' wide x 15.0' long); and ($) Floating Dock (6.0' wide x ~o.0' long) secured by four ('~) pilings (~ 8.0" q~). ,Ail materials to be ton- treated, and all hardware to be hot-dipped galvanized. All soundings to be referred from the Apparent Low VVater mark Date: January 5, 2012 Scale: As per view Drawn by: mdi Comments: Adapted from the Survey of subject property, as prepared by NATHAN TAFT CORWIN, III, L.S.; Prepared for regulatory submission. SUFFOLK ENVIRONMENTAL CONSULTING, INC. P,O, Box 2003 · Bridgehampfon · NY · ] ]932 (63]) 537 - 5160 (phone) - (63]) 537 - 529] (facsimile) / ]oF KLEINProperty Proposed Dock Assembly Situate: $~o Broadwaters Road; CUtchogue; Town of Southold, New York ~ SCTM #: 1000 - 104 - 10 - 006 SITE PLAN DETAIL Scale: 1.0" = 1o.o' + PRO~JECT DESCRIPTION- Applicant proposes to construct a Proposed Dock Assembly along the northern shoreline of the property in order to provide practical access to Broadwater Cove and waters beyond. The proposed structure is to consist of the following: (1) Elevated Catwalk (i~.0' wide x 106.0' long) secured with twenty-eight (28) posts (6 6 0"~); (2) Hinged Ramp (5.0' wide x 15.0' long); and ($) Floating Dock (6.0' wide x 2O.0' long) secured by four (~) pilings (6 8.O" ~0). All materials to be non- treated, and ail hardware to be hot-dipped galvanized. ,M1 soundings to be referred from the Apparent Low Water mark. ELEVATED cATWALK [4.0'W x 106.0'L/ FLOATING DoCK--'~ to.o'w x 2o.o'L/ 106.0' +- HINGED RAM[ [3.0~,v x t 5.0'L/ Date: Scale: Drawn by: Comments: January 5~ 2012 As per view mdi Adapted from the Survey of subject property, as prepared by NATHAN TAFT CORWIN, III, L.S.; Prepared for regulatory submission. SUFFOLK ENVIRONMENTAL CONSULTING, INC. P,O, Box 2003 · Bridgehampton · NY · 11932 (631) 537 - 5160 (phone) - (631) 537 - 5291 (fecsimile) ELEVATION VIEW Scale: 1.0" = 10.0' + SitUate: $~o BfO~d~fifers R6ad; Proposed Dock Assembly To~ ~ofsa~h°~a, ~,e~ Yo~ ~ scTM #: ~ ~ ~o~ ~ ~o ? oo~ PRQJECT DESCRIPTION: Applicant proposes to construct a Proposed Dock Assembly along the northern shoreline of the property in order to provide practical access to Broadwater Cove and waters beyond. The proposed structure is to consist of the following: (1) Elevated Catwalk (4.0' wide x 10G.0' long) secured with twenty-eight (~8) posts (~ G.0"qb); (2) Hinged Ramp (S0' wide x 15.o' long); and (s) Floating Dock (6.0' wide x e00' long) secured by four (4) pilings (~ 8.o" qb). Ail materials to be non- treated, and all hardware to be hot-dipped galvanized. All soundings to be referred from the Apparent Low \Vater mark. ~-178.0 _+ {to NW House} 106.0' -+ FIXED ELEVATED' 14.0'W x 1~050'* to opposite shoreli~e~ , ,' , DOC~K AHW -- AHW {Tidal Wetlands Botm ctar~) -- ALW TIMBER PILINGS @ 6.0"~ [28 total) TIMBER PILINGS @ 8.0", {4 total} Date: Scale: January 5, 2012 As per view Drawn by: mdi Comments: Adapted from the Survey of subject property, as prepared by NATHAN TAFT CORWIN, III, L.S.; Prepared for regulator~ submission. SUFFOLK ENVIRONMENTAL CONSULTING, INC. P,O, Box 2003 · Bridgehampton · NY · 11932 (631 ) 537 - 5160 (phone) - (631 ) 537 - 5291 (facsimiie) OF