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Home My WebLink About1000-111.-5-1 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NYl1971 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: MarkTerry, Principal Planner LWRP Coordinator Date: March 21, 2012 Re.' Proposed Wetland Permit for EUGENE BURGER 0NEST COVE, LLC) SCTM#1000-111-5-1 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 Peconlc Estuary Critical Natural Resource Area. Suffolk Environmental Consulting, Inc. on behalf of EUGENE BURGER (WEST COVE, LLC) requests a Wetland Permit to construct a 4'X 123' fixed elevated catwalk, 3'X 15' hinged ramp and a 6'X 20' floating dock attached to the existing bulkhead; and legalize the existing 12'X 21' platform; legalize and reconstruct the existing landing 4'X 5' and stairs 4'X 6' all located along the seaward side of the bulkhead. Located: 1050 West Cove Rd., Cutchogue. SCTM#111-5-1 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 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 mooring (see aerial). The dock is proposed to proiect into an existing moorinq field. Figure 1. Subject parcel, 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 fodh 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 deck will unduly interfere with the public use of waterways for swimming, beating, fishing, shellfishing, waterskiing and other water-dependant activities; The 158' dock will impede and hinder the use of the public waters for recreational activities indudinq boatinq, fishinq, shellfishinq and other water dependent activities. The dock is proposed to proiect into an existin,q moorin,q field, (see fi,qure 2) Figure 2. Existing mooring field (yellow circles mark moorings) relative to dock location Additionally, chapter 275 requires that the determination of the len.qth 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 adiacent existinq dock structures len.qths are not shown [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; The AHW mark is shown as close to the bulkhead. A 4' deck hei.qht proposed at the mid-tid~. line from qrade. The dock structure will be difficult for the public to navi.qate when the beach is flooded at hiqh tide. The ability of the public to naviqate the stairs is unknown. [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; The proposed action is located within a New York State Critical Environmental Area, At the discretion of the Board of Trustees, any operations proposed in cdtical environmental areas (§ 275-2) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but ara 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 structure will result in the fraqmentation of marine environments. [7] 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 [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether altemate design, construction, and location of the dock will minimize cumulative impacts; and The continued construction of dock structures within a SiRnificant Fish and Wildlife. HabitatJCdtical Environmental Area will affect the public use of the area, and deRrade the ecoloRical quality of the area threuRh introduction of contaminants, disruption of madne life habits etc .... Correspondingly, physical and functional loss to wildlife has been found to occur through the loss and/or impairment of habitat, disruption of habits and migration patterns (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 estuadne 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 project 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. 9.3 A. 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 moorinq field occurs in the area providinq 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 2.8 feet which is limitin.q for many types and sizes of vessels. Essentially due to limited water depth, alternative to moodnq boats should be required (Moodnq). A larqe vessel moored at the terminus of the dock will result in bottom scarrinR (vi) whether or not alternative means to gain access are available. The applicant presently enjoys access to the waterbody via an existinq moorinq opportunity. Due to the shallow water depths and environmental sensitivity of the area.., moorinq 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 LWRP CONSISTENCY ASSESSMENT FORM 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). If any question in Section C on this form is answered "yes", then the proposed action may affec~the achievement of the LWRP policy standards and conditions contained in the consistency review I~w. Thus, the action should be analyzed in more detail and, if necessary, modified prior to mak~ a~J determination that it is consistent to the maximum extent prac.0ea~le with standards and conditions. If an action cannot be certified as c'bnsis~nt v(ith ~ Vv~Ct~ l~olic'y-~ standards and conditions, it shall not be undertaken. . A copy of the LWRP is available in the following places: online ,at the Town otN !~uthold's website (southoldtown.northfork.net), the Board of Trustees Office, the Bianning Depart i~ent, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 111 05 001 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees 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) FF~ ~ ~ 28~2 (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Applicant wishes to construct a Proposed Dock Assembly off the existing bulkhead along the western shoreline. The Proposed Dock Assembly is to consist of an Elevated Catwalk (4o.0' W x leS.0' L), a Hinged Ramp ($.0' W x 15.0' L) and a Floating Dock (6.0' W x eo.o' L). Additionally, applicant wishes to legalize/clarify the existing platform (lC.O' W x el.O' L), & legalize/clarif_¥/recm~str~ct the existing landing ({.0' W x 5.0' L) & stairs (4o.0' W x 6.0' L) all located along the seaward side of the bulkhead. All materials to be non-treated. INOTE: Referring to the attached survey of subject property, prepared by VAN TUTL and SON, dated April 1 $, 197~), please note that these structures have existed hereon for almost a minimum of forty (40) years without any form of adverse impact to the surrounding environment. Location of action: Site acreage: 1050 West Cove Road; Town of Southold~ NY 1.5 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: 1050 WEST COVET LLC (b) Mailing address: P.O. Box 326; Cutchogue~ NY 11935 (c) Telephone number: Area Code ( 631 ) 734 - 5217 (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 proposal is consistent with the policy in that the sitinp and utilization of the proposed dock assembly will maintain the character of the surroundina neiahborhood, which currently consists of many similarly- improved residential lots with similar accessory structures (i.e, dock assemblies alon.q Cutcho.que Harbor), Additionally, subiect proposal will be in harmony with the "...beneficial use of a coastallocation.,." in that the le.qally created residential waterfront (i,e, coastal) lot will be enhanced by the inclusion of the proposed dock assembly in order to access the conti~luous surface waters. Accordin.qly, we believe that this proiect 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 III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal is not applicable to this policy in that it will have no impact to any potential historic and/or archaeolo,qical resources within the surroundin,q area. 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 surroundin.q area in that the surroundin.q area is currently comprised of properties improved with similar appurtenances (i.e. dock assemblies) of equal, if not .qreater, size and scope. Scenic resources, assumedly views of Cutcho.que Harbor, are not at risk due to the proposed dock assembly bein.q typical of the character of this section of waterfront. Accordin.qly, 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 desianed to be comparable in desi.qn and scope as that of the surroundina dock assemblies, which have not resulted in loss of life, structures, and natural resources within this area. Accordin.qly, 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 Subject DroDosal is not applicable to this policy in that it will have no effect to the water quality/supply within the surroundin.q area. 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 Subject proposal will maintain the quality of the surroundin,q ecosystem in that the proposal is typical of this section of Cufcho,que Harbor, which has not resulted in si,qnificant effects to the surrounding ecosystem. Accordin,qly, 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 proposal is not applicable in that the proposal is simply to improve subject property with a dock assembly which will not result in any form of adverse effects to air quality. Accordin.qly, this proposal is not applicable 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 proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, 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 Subject proposal is not applicable to this policy in that the proposal is attendant to a private dwellin.q Reflardless, this project will not impede any access to the surface waters in and around subject 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 proposal is applicable in that a water-dependent use (i.e. access to surface waters; boatin.q) is bein.q sited onto a waterfront parcel, however, with re.qards to this Policy's concerns with marinas, aquaculture, etc..., this proposal is not applicable due to this proposal involvin.q only a private dockinq 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 Subject proposal is not applicable in that the proposal does not involve any form of marine resource mana.qement (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 a.qricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal a.qricultural 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 Subiect proposal is not applicable in that the proposal does not involve the conservation of ener.qy resources on a commercial level and/or the promotion of alternative ener.qy sources, proper maintenance of fuel storagte facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 5/25/05 11:20 AM ~ ' Io.~0 WEST CO VE, LLCProperty ~ Proposed Dock Assembly Situate: lO50 West Cove Road; Cutchogue; Town of Southold, New York - SCTM #: 1000 - 111 - 05 - 001 SITE PLaN ~IEW [ ~ Scale: 1.0 = 40.0 -4- ~lo/f ~'~'~ R. BL~RO~ Date: Scale: Drawn by: Comments: [anuary 10, 2012 As per view mdi 0 PROPOSED FLOATII~G DOCK'-- [6.0%V x 20.O'L} Adapted from the Hydrographic Map of subject property, as prepared by ROBERT H. FOX Pr__~pared for ~ssion. -PROPOSED HIN6ED RAMP {.3.O'W x I 6.0'L] - - ~ 2012 -- PROPOSEI~ ELEVATt~D CATWALK SUFFOLK ENVIRONMENTAL CONSULTING, INC. P.O. Box 2003 · Bridgehampton · NY · 11932 (631) 537 - 5160 (phone) ~ (631) 537 - 5291 (facsimile) / Joy 3 lO.qO WEST COVE, LLCProp rty Proposed Dock Assembly Situate: lO50 West Cove Road; Cutchogue; Town of Southoid, New York - SCTM #: 100o - 111 - 05 - 0Ol ELEVATION VIEW Scale: 1.0" = 10.0' + NOTE: Refer to ~te Plan Vte~d &, H¥~irogral~C Map for all underwater elevations. 158:0'+ _i 20.0'_+ ~ I~. 123.0'_+ EXISTI/~G LMIDiNG [4' x 5'1 & $'~ ELEVATED CATWALK {4.0'W x 128.0'L) 3.0'LI --PROPOSED HINGED RAMP (3.0'W x 15.0'L} Proposed P'i=llngs {8.0' ~,} ALW -- NOTE: Distance from seaward terminus of proposed Dock to opposite shoreline of Cutchogue HarbOr measures ~, 800' -+. NOTE: Distance from landward terminus of proposed Dock to existing Dwelling (southwestern corner) measures 80.0' +-. :)ate: ;cale: lanuarv 10, 2012 ,_' As per view Drawn by: mdi :omments: Adapted from the Hydrographic Map of subject property, as prepared bt' ROBERT H. FOX Prepared for regulatory submission. SUFFOLK ENVIRONMENTAL CONSULTING, INC. P.O. Box 2003 · Bridgehampton · NY · 11932 (631) 537 - 5160 (phone) N (631) 537 - 5291 (facsimile) ]oF 3ate: ;cale: )rawn by: ~omments: lO O T CO VE, LLC Property Proposed Dock Assembly Situate: lo50 West Cove Road; Cutchogue; To~ of Southtfld, New York - SCTM~: 100o - 1 i I - oli - 0Ol AI-I~¥ ALx, V CROSS VIEW No Scale O TREAD (~/q' typical) 3Iahogany LEDGER CROSS-BRA~CE~ PILING (8.0" typical) ICE- BBEAIiER PILING (8.o" PROJECT DESCRIPTION: Applicant wishes to construct a Proposed Dock Assembly off the existing bulkhead along the western shoreline of the property in order to provide practical access to Cutchogue Harbor and waters beyond. The proposed structure is to consist of the following: O) Elevated Catwalk (4.0' W x 1~$.0' L) secured with thirty- eight ($8) Pilings (6 8.0" qb) and nineteen (19) Ice-Breaker Pilings (located between the outer Pilings); (~) Hinged Ramp ($.0' W x 15.0' L); and (s) Floating Dock (6.0' W x e0.0' L) secured by three ($) Pilings (6 8.0" qb). Additionally, applicant wishes to legalize/clarify the existing platform* (12.0' W x 21.0' L), and legalize/clarify/reconstruct the existing landing* (4.0' W x 6.0' L) & stairs* (4.0' W x 6.0' L) all located along the seaward side of the bulkhead. All materials to be non-treated. All hardware to be hot-dipped galvanized. All soundings to be referred from the Apparent Low Water Mark. NOTE: Referring to the attached survey of subject property, prepared by VANTUTL and SON, dated April 15, 197~, please note that these structures have existed hereon for almost a minimum of forty (40) years without any form of adverse impact to the surrounding environment. lanuarv 10, 2012,; As per view mdi Adapted from the Hydrographic Map of subiect property, as prepared by ROBERT H. FOX Prepared for regulatory submission. SUFFOLK ENVIRONMENTAL CONSULTING, INC. P.O. Box 2003 · Bridgehampton · NY · 11932 (631) 537 - 5160 (phone) ~ (631) 537 - 5291 (facsimile) OF 3 '1