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Home My WebLink About1000-104.-10-2.1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) $outhold, 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: August 15, 2012 Re: Proposed Wetland Permit for JOSEPH ZALNER SCTM#1000-104-10-2.1 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 Peconic Estuary Critical Natural Resource Area. Jeffrey Patanjo on behalf of JOSEPH ZALNER requests a Wetland Permit to construct a 4'xl 15' fixed dock, 3'x15' hinged ramp and 6'x20' floating dock. Located: 700 Broadwaters Road, Cutchogue. SCTM# 104-10-2.1 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 has access to Broadwaters Cove via the waterfront location and opportunity for a moorin.cl, 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 9.3 A. reducing the size of structures, and increasing the width of non-disturbance buffers. The proposed dock structure will result in the fra.qmentation of marine environments. ~/] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagresses including eelgrass (Zostera marfna) and widgeon grass (Ruppia marltima) 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 Siqnificant Fish and Wildlife HabitatJCdtical Environmental Area will affect the public use of the area, and degrade the ecological aualitv of the area throuqh introduction of contaminants, disruption of marine 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 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 proiect 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 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 shore/ands. 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: Moorinq of a vessel in public waters provide 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 2.5 feet which is limitinq for many types and sizes of vessels. Due to limited water depth, a seasonal moorin.q is recommended ina more appropriate location. (vi) whether or not alternative means to gain access are available. The applicant presently enjoys access to the waterbody via th~, opportunity for a moorin.q. Due to the shallow water depths and environmental sensitivity of the area, the seasonal moodnq of vessels am more appropriate in this area. In the event that the action is approved require that a non-disturbance buffer, minimum 15' in width, be established from the wetland line landward. The existin.q veqe~_~_tion should be incorporated within the buffer. 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 A. INSTRUCTIONS 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 making a &termination 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 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 Off.me, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ~o4 xo 2. ~ The Application has been submitted to (check appropriate responsei: Town Board [] Planning Dept. [] Building Dept. [-~ BoardofTrustees [] 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, l!cense, certification: [-~ AUG 6 Nature and extent of action: CONSTRUCT 115' LONG X 4' WIDE FIXED PIER, 15' LONG X 3' WIDE R~P AND 20' LONG X 6' WIDE FLOATING DOCK. Location of action: 700 BROADWATERS ROAD, CUTCHOGUE Site acreage:, i. 873 ACRES Present land use: RESIDENTIAL Presem zoning classification: SFR 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: JOSEEN ZALNER (b) Mailing address: 6839 MANSE ST., FORREST HILLS, NY 11375 (c) Telephone number: Area Code (). 631 734-2705 (d) Application number, ifany:~ 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? m~Y CORPS OF ENSINEERS 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 ACTION MEETS POLICY REQUIREMENTS. 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 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 ACTION IS CONSISTENT WITH SURROUNDING PROPERTIES. 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 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 ACTION I~S NO EFFECT ON WATER QUALITY. 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 ACTION HAS NO EFFECT ON ECOSYSTEMS. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [] Yes [-~ No [] Not Applicable ACTION HAS NO EFFECT ON AIR QUALITY. 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 ACTION HAS NO EFFECT CAUSED BY SOLID ~ HAZARDOUS WASTE. 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 IH - Policies; Pages 38 through 46 for evaluation criteria. ~ Ye~] No [] Not Applicable ACTION IS LOCATED ON PRIVATE PROPERTY. 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 ACTION IS LOCATED ON SINGLE FAMILY RESIDENCE AND UTILIZED FOR RECREATIONAL BOATING ACTIVITIES. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources ia 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 ACTION WILL PROMOTE RECREATIONAL RESOURCE FOR LA/~DOWNER BY WAY OF BOATING ACTIVITIES. 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 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 Created on 5/25/05 11.'20 AM F~ I I I / / / POND \ \ PROPERTY OWNER JOSEPH & JUDITH ZALNER 6859 MANSE SEREET FORREST HIELS, NY 11575 PREPARED BY: JEFFREY PA rANJO 106 HEWI~ BOULEVARD CENTER MORICHES, NY 11934 NOTES- 1 ELEVATIONS REFER TO N GVD 1929 DAIUM 2 LOT AREA: 81,578 59 S F / 1.875 ACRES 5. PORTIONS OF PLAN FROM SURVEY PREPARED BY. JOSEPH A INGEGNO LAND SURVEYOR 1580 ROANOKEAVENUE, RIVERHEAD, NY SURVEY LATEST DATED OCTOBER 22, 2000 ¢. ALL WOOD USED SHALL BE UN TREATED , , REPRESENTS WATER DEPTH IN INCHESl BELOW MEAN LOW WATER 20' LONG X 6' WiDE FLOAllNG DOCK SUPPORTED ~ (2) 8'¢ PI[ES HINDGED RAMp 15' LONG X 5' WIDE RXED ELEVATED P/ER 115' LONG X 4' WIDE SUPPORTED WrPrl 6"¢ PI[ES @ 8' O.C (IYPICAL 80fH SIDES) OPEN-GRATE DECKNG TO BE FLOW-THRU INTERLOCKING PANELS OR EQUAL IGH WATER JUNE 30, 2012 JUNE 00, 2012 s FLAG (~FPIDAL) 1DAL WEFLANDS AS FLAGGED BY EN CONSULTANTS, INC ON NOVEMBER 27, 2000 Ga~V~L O~r I I Proposed Dock & Float PROPOSED PLAN TAX MAP NO. 1000--104--10--~1 07-11-12 SHEET 1 OF 2 LOCATION PROJECT LOCATION MAP N.T.S. PROPOSED FIXED ELEVATED CA~/ALK 4' WiDE X 115' LONG 6"¢ TIMBER PILES (WP.) PROPOSED 3' WIDE X 15' LONG RINDGED RAMP 8" ~ PILE (TOTAL OF 2) 115' ( 9o' ~ 2o' LONGI FLOATING DOCK : - ~' '~ ....... L~ ~- m~:'---- ~_ ~ _~ APPROXI~A~ ~.H.W. EL, 2.5~ i ~L .... L ........... Z / i A P PRO x [ ~A' [ ~ l L W EL. 0 . O~ mTim~ ~E I I ~ I I I i I I ~ ~ ~ i I i ~l ?11 ~ ~ - - ~ ~ i I , : I 12 TYPICAL SECTION SCALE. H: 1'l=20' PROPERW OWNER' JOSEPH & JUDITH ZALNER 6839 MANSE STREEI FORREST HILLS, NY 11375 PREPARED BY JEFFREY PATANJO 106 HEWI~ BOULEVARD CENTER MORICHES, NY 11934 NOTES: 1 ELEVATIONS REFER TO N O.V.D 1929 DATUM 2 LOT AREA 81,578 39 S.F. / 1873 ACRES 3 PORTIONS OF PLAN FROM SURVEY PREPARED BY JOSEPH A INBEONO LAND BURV~YOR 1580 ROANOKE AVENUE, RIVERHEAD, NY SURVEY LATEST DAIED OCTOBER 22, 2000 4. AL_ WOOD USED SHALL BE UN-TREATED REPRESENTS WATER DEPTH IN INCHES/ BELOW MEAN LOW WATER J Proposed Dock & Float ~CALE AS NOTED PROPOSED SECTION & lA*E: LOCATION MAP ~ :: :~ 700 BROADWATERS ROAD CUTDNOGUE, TO~N OF SOUTHOLD SUFFOLK COUNTY, NY SHE~: TAX MAP NO. 1000--104--10--2.1 2 OF 2