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Home My WebLink About1000-51.-6-32 L OFFICE LOCATION: q souryo MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 # # Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) - Southold, NY 11971 Gr C Telephone: 631 765-1938 Fax: 631765-3136 coulm,�c� 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: September 19, 2012 Re: Proposed Wetland Permit for PHYLLIS SOUSA SCTM#1000-51-6-32 Costello Marine Contracting Corp. on behalf of PHYLLIS SOUSA requests a Wetland Permit to remove the existing 5'x16' seasonal floating dock, 3'4"x16'4"wooden ramp and existing 4'x16' fixed catwalk; construct new 4'x16' fixed catwalk in-place; replace existing decking on wooden ramp win untreated decking; install handrails on ramp and reinstall onto a new 6'x20' seasonal floating dock secured by two 8" diameter anchor pilings. Located: 1695 Mill Creek Drive, Southold. SCTM#51-6-32 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 denoted following Policy Standards and therefore is INCONSISTENT with the LWRP: 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions The structures were under construction without a permit pursuant to Chapter 275 Wetlands and Shorelines of the Southold Town Code. Additionally, if the action is approved and to further Policy 4.2 Protect and restore natural protective features and Policy 6; it is recommended that natural vegetated buffer Incorporating existing vegetation landward of the top of bank be required. An example definition follows: NATURAL VEGETATED BUFFER--a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted vegetation shall be (ninety) 90 percent for a period of three (3)years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path constructed of pervious material for access to the water-body. 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 � 50168 Town'of Southold LWRP CONSISTENCY ASSESSMENT FORM Ail' 2 2 2012 A. INSTRUCTIONS 1. 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. 2. 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 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 AUG 3 1 2012 SCTM# 51 6 32 t The Application has been submitted to(check appropriate response): _ Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of TrusteesFO I. 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: Q Nature and extent of action: Remove existing 5 z16'seasonal floating dock, 34"x16'4" wooden ramp and existing 4 x16'fixed catwalk. Construct new 4'x16'fixed catwalk In-place. Replace existing decking on wooden ramp with untreated decking. Install handrails on ramp and reinstall onto a new 6 x80'seasonal floating dock secured by two 8"diameter anchor Piling. Location of action:1695 MILL CREEK DRIVE, SOUTHOLD Site acreage:0.436 ACRES Present land use:SINGLE FAMILY RESIDENCE Present zoning classification:R-40 RESIDENTIAL LOW DENSITY AA 2. 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:PHYLLIS SOUSA (b) Mailing address: 162-01 POWELLS COVE BLVD., BEECHHURST, NY 11357 (c) Telephone number: Area Code( )718.747.3717 (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?NYSDEC, NYSDOS, ACOE 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. RV( Yes ❑ No ❑ Not Applicable The project site had previouslyhad a similar dock structure to what we are proposing. The dock is relatively small and consistent with neighboring docks. turacn auamonai sneers a 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 This property has no significant historic resources. 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 Our proposal will not have any significant effect on the visual quality or scenic resources throughout the Town of Southold. 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 Our project w311 not influence the flooding or erosion in the area. 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 proposal will not have any impact on the water quality or supply of the Town of Southold. 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 This proposal will not have any impact on the Town of Southold's ecosystem. All work will take place landward of the high water line and all construction debris will be contained 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 ❑NoFv-/] Not Applicable This proposal will not have any impact on the air quality of the Town of Southold. 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 This proposal will not degrade the environment with solid waste or hazardous substances. 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. ❑ Ye❑ Nov Not Applicable Our proposal will not limit the public's ability to access coastal waters,public lands or public resources of the Town of Southold. The proposed is similar in size to the previously existing structure. Attach additional sheets if necessary 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 56 for evaluation criteria. ❑✓ Yes ❑No❑ Not Applicable The previously existing dock structure was in disrepair: The properly owner removed the structure not realizing that negates the Grandfather permit. The property owner would Ake to reconstruct the dock structure so that her family can continue to use the property to engage in water-dependent activities such as fishing and swimming. These activities will continue at the site once construction is complete. 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 There should be no significant effects on the living marine resources. We will adhere to aABest Management practices to ensure that the project is not staged, construction materials and equipment will be stored upland and all debris will be contained so ensure it does not enter the waterway. The construction of the dock will take a few days and any underwater lands disturbed during construction will immediately re-establish itself. 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 This proposal will have no impact on the agricultural lands in the Town of Soutbold. 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 This proposal has no influence on the development of energy or mineral resources. Created on 512510511:20 AM 4 c y� K1� Yi '•��C r�« •.t ' 'ter • •�'.. ''fit . �,. p� _ . r� , ^•'rites y. 'x 4 '4mj' 1 Y ... 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TAX No. 1000-51 -06-32 °His SCALE 1 "=30' v 6- v 013NOVEMBER 2, 2005 /01 0a°F \\ F AREA = 18,975.95 sq. ft. )�<'INV :�r h1 \ (y \\ (TO TIE LINE) 0.436 ac. 0 <' CERTIFIED TO: s o ° f Jjd PHYLLIS SOUSA BETTY RUGG PECONIC ABSTRACT, INC. FIRST AMERICAN TITLE_ INSURANCE COMPANY OF NEW Y gip., �� \\ a,� �3� J. P. MORGAN CHASE BANK, N. A. y J aERNEAO WIRE$ PREPARED IN ACCORDANCE WITH THE MINIMUMOL�`l0 STANDARDS FOR TNLE SURVEYS AS ESTABLISHED - BY THE LIALS. AND APPROVED AND ADOPTED _ _ C' `'+' FOR SUCH USE BY THE NEW YORK STATE LANG ' T 4�F _ TITLE ASSOCIATION. aF—05 PN,AtA'G V J 2 L 2012 _ -6� �i 0 2V 6Q �� REINS B�REcU -I(& lotMaw n S 54'11 '53" W ��$ N.Y.S. lic. No. 49668 \ 10.12' UNAUTHORIZED ALTERATION OR ADDITIONTO THIS SURVEY A N OF SECTION 7209- OFTSTHE NEW YORK STATE - 2 "!o \ / 4� S 70- 13'4.5" W YY_ JOS('�Jh A. Ingegna COPIES OF LAW.THIS �S �J Y rop A 30.99' Land Surveyor COPIES ED SCAL SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SFAL OR s' EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. S CERTIFICATIONS INDICATED HEREON SHALL RUN 49•, ONLY TO THE PERSON FOR WHOM THE SURVEY > 4 • �S 6 PREPARED. AND ON HIS BEHALF TO THE J \Y Title Surveys - Subdivisions - Site Plans - Construction Layout TOLE COMPANY" GOVERNMENTAL AGENCY AND 4 ' LENDING INSTITUTION LISTED HEREON" AND TO THE ASSIGNEES OF THE LENDING TNSTI- O PHONE (631)727-2090 FOX (631)727-1727 TUTION- CERTIFICATIONS ARE NOT TRANSFERABLE OFFICES LOCATED AT MAILING ADDRESS 322 ROANOKE AVENUE - P.O. Boz 1931 THE EXISTENCE NT RIGHTS OF WAY YYY \\ VFRHFAn Nam Y-, ++on+ o:..e.,.e..e No.. Y...� ++nn, AND/OR EASEMENTS OF RECORD, IF