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Home My WebLink About1000-123.-8-28.5 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: January 18, 2012 Re: Proposed Wetland Permit for LEIGH ALLOCCA & STACY SHEPPARD SCTM#1000-123-8-28.5 En-Consultants on behalf of LEIOH ALLOCCA & STACY SHEPPARD requests a Wetland Permit to construct a fixed timber dock, consisting of a 4'X 12' ramp, 4'X 57' fixed catwalk, 3'X 14' ramp and 6'X 20' floating dock secured by (2) 8" dia. pilings. Located: 710 Park Ave. Extension, Mattituck. SCTM#123-8-28.5 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 us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The proposed dock is in a Critical Environmental Area nominated by the Town of Southold as worthy ur protection, (see Critical Environmental Areas § 275-2 Definitions below). Any proposed action in n Critical Environmental Area may be subject to more strinqent requirements such as denial of certain operations, and shortenin.q or reducing the size of the structure pursuant to § 275-11 Construction and operation standards. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. 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. § 275-2 Definitions; word usage. CRITICAL ENVIRONMENTAL AREAS -- All sites previously nominated by the Town of Southold and designated by the New York Sate Department of state as Critical Environmental Areas worthy of protection including: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove *Creek. § 275-11 Construction and operation standards. (7) Critical environmental areas. 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 nondisturbance buffers. Policy 9-Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. The proposed action is private, noncommercial and will not support a pattern of development that enhances community character nor preserves "Public" access or public recreational activitie,~ Policy Standard-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: 3. Obstruction of navigable waters and unden4/ater 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 proposed dock structure water depth at the terminus is greater than 5' it is recommended to preserve the naviqabilib/of the creek in this area, that the dock structure is shortened or reconfiqured tn allow for 2.5' + of water depth a the dock terminus. The applicant must demonstrate that the followin.q dock standards pursuant to .~ 275-11 Construction and operation standards have been met. § 275-11 Construction and operation standards. 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; Figure 1. 2004 Aerial Photo Figure 2. 2010 Aerial Photo. Currently the channel confiquration shows a sandbar projectinq into the channel. This sandbar is not expected to remain indefinitely and therefore the proposed dock would be the first structure alonq the shoreline when the sandbar is removed or eliminated. In the event that the dock structure is approved it is recommended that the structure be shortened and/or reconfiqured to a L terminus, thereby, shorteninF! the dock structure. [12] Whether the dock will cause degradation of surface water quality end natural resources; Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera ma#na) and widgeon grass (Ruppia maritima) or shellfish; 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 Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. ' Towd ,of Sout.hold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM A ll applicants f0r perm its* including T0wn0fS0uth01dagencies, shallc0mpletethisCCAF for proposed actions that are subject to the Town of S0uth01d W aterfr0nt Consistency Review Law. This assessmentisintendedt0 supplement0therinf0rmati0nusedbyaT0wn 0fS0uth01d agency in m a k in g a d ete r m in a ti0 n 0 f c 0 n s is t e n c y. *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- suooortine 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 123 8 - 28.5 PROJECT NAME r, EIGU ALLOCCA & STACY SHEPPARD TownBoa,'d ['--1 PianningBoardV1 uildingD.,t. W1 ou,'dofTru,tcesl 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: Construct a fixed timber dock, consisting ora 4' x 12' ramp; 4' x 57' fixed catwalk; 3' x 14' ramp; and 6' x 20' float secured by (2) 8" diameter pilings, all as depicted on the project plan prepared by En-Consultants, dated December 8, 2011. Location of action: 710 PARK AVENUE EXTESION, MATTITUCK Site acreage: 24,968 S.F. Present land use: RESIDENTIAL, SINGLE-FAMILY DWELLING 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: LEIGH ALLOCCA & STACY SHEPPARD (b) Mailing address: 160 PARK AVENUE MAD1SON, NJ 07940 (c) Telephone number: Area Code973-479-9496 (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?NYS DEC & USA COE 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 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 The project will be consistent with Policy 3, as the dock will be located amongst many other similarly constructed docks, which characterize this area of Deep Hole Creek. 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 Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [~] Yes ~] No ~] Not Applicable To the extent that Policy 5 is applicable to the project, the proposed dock will be consistent because it will be constructed with untreated decking, as required by code. 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 ~-] N0t Applicable The Droject consists of construction of a fixed timber dock similar in design, scope, and seaward intrusion to a multitude of similar docks located along the same and opposite shorelines and therefore will not cause any fragmentation of ecological communities. The fixed catwalk will traverse the narrowest portion of vegetated tidal wetlands on the property; will be located at least 25' offthe riparian extension of the easterly side property line; will intrude approximately 25% into Deep Hole Creek at mean lower low water; and will be constructed with untreated decking as required by code, thus minimizing or preventing any physical loss, degradation, or functional loss of ecological components. Therefore, the project will be consistent with Policy 6, and the statutory and regulatory requirements of the New York State Tidal Wetlands Act and Chapter 275 of the Town Code. 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 Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Sonthold 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 III - Policies; Pages 38 through 46 for evaluation criteria. Yes ~ No[~ Not Applicable The proposed dock will not inhibit public access, as the portion of land on which the structure will be located is not developed or otherwise encumbered by structures or other impediments to passing around the landward end of the proposed dock or above the traveled roadway located immediately to the south of the proposed dock. Therefore the project is consistent with Policy 9. Attach additional sheets if necessary WORKING COAST POLICIES ~ Poilcy 10. P,rotect Southold'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 Peconic Estuary aud Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [--] Yes [--] No [5~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section Ill - Policies; Pages 62 through 65 for evaluation criteria. 51 Yes /--1 No Not Applieuble 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 [5~ Not Applicable PREPARED BY ROBE~ERRMANN' TITLE COASTAL MGMT SPECIALIST DATE 12/12/201 l Amended on 8/1/05 PI~OPO~P POCK FOR blUISH AbbOCCA ANP 51'AEY 5h'F..PPAk::'P ON PE:.IF::P HObl~ CI~I~K, MAI'Ill'LICK, ¢,L,IFFObK CO,, NY 5t.¢~f1~ 2 12-8-11 EN-CONSULTANTS' 13t9 NORTH SEA ROAD SOUTHAMPTON, NY 11968 A31-PR3-6360 MLLW. O'~,' ~C TIO~1~LI FRO?O 1' = 30' / / / / / I:N-CONSULTANT$ 1319 NORTH SEA ROAD $OUTHAI',,'IPTON, NY 11968 631-283-6360 / / pile 8' PILE ,3' x 14hRAMP 4' x 57' FIXEB CAT%/ALK / HM / / PROPO~D DOCK PO~ LI~IC../rl ,~LOCCA AND 5f/C-'"Y ~I?.PPA~ ON ~l~P HOI. I~ CI~I~K,/V~,1'q11JCK, .f~FOI. K CO,, NY