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Home My WebLink About1000-52.-2-23 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. 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: December 10, 2012 Re: Proposed Wetland Permit for MAUREEN MASSA & ALAN SCHWEITZER SCTM# 1000-52-2-23 Patricia C. Moore, Esq. on behalf of MAUREEN MASSA & ALAN SCHWEITZER requests a Wetland Permit to replace existing window of garage to a sliding glass door and add a skylight; construct a 4'x28' hardwood dock consisting of 60% open deck a minimum 2' above grade; a new 3'x12' seasonal ramp and a 5'x18' seasonal float; construct a 4'x36' set of stairs from top of slope to fixed dock; a proposed 10'x4' slate (stone) on sand or crushed stone as a non-turf buffer area; and install irrigation landward of the top of the slope. Located: 460 Ruch Lane, Southold. SCTM# 52-2-23 The proposed action has not been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code because the action is not permissible pursuant to Chapter 275 Wetlands and Shorelines of the Southold Town Code Section 275-11. Construction and operation standards, C, 2, b, 3, a which states: [3] Prohibited locations and activities. [a] No new docks will be permitted over vegetated wetlands or such that it causes habitat fragmentation of vegetated wetlands in the following areas: Downs Creek, Hallocks Bay, Hashamomuck Creek and Pond, Long Creek (branch of Mattituck Creek, East of Grand Avenue bridge), Pipe's Cove Creek and West Creek. [Amended 12-18-2007 by L.L. No. 23-2007] Cc: Lori Hulse, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. 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 &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 &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 Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-52-2-23 (Massa & Schweitzer) AGENT: Patricia C. Moore Esq. 631-765-4330 The Application has been submitted to (check appropriate response): Tom Bo~d ~ Planing Dept. Board of Trustees X Zoning Bo~d of Appeals 1 Catego, 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: [] Type: Trustees Permit Town of Southold LWRP Consistency Assessment Form I Nature and extent of action: proposed 4' x 28' fixed dock (hard woods) with 60% open deck,min. 2' above grade; 3' x 12' seasonal ramp and 5' x 18' seasonal float; and 4' x 36 proposed stairs from top of slope to fixed dock potation oi acuon:aou Kucn ~ane, ooutnolfl Site acreage: .38 acres to tie line Present land use: residential 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:Maureen Massa & Alan Schweitzer (b) Mailing address: 460 Ruch Lane, Southold (c) Telephone number: Pat Moore 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X 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 eJ~cient use of infrastructure, makes beneficial use ora coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2for evaluation criteria. Yes X No [] Not Applicable [] Discussion (ifappropriate)l The proposed dock makes beneficial use of the waterfront residence. Property had a dock which predates Trustees jurisdiction but damaged in a storm- only piles remain Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section lll- Policies Pages 3 through 6 for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): The site is not identified as area of archeological sensitivity or on the National Register on the map produced by NYS Dept. Of State, Division of Coastal Resources. Town of Southold LWRP Consistency Assessmenl Form 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section II1 ~ Policies Pages 6 through 7for evaluation criteria Yes X No [] Not Applicable [] Discussion (ifappropriate):the residential use of the property will not change. The propsed dock conforms to the Town's regulations. 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 16for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): The proper~ is on the Mill Creek~ Mill Creek contains numerous docks and commercial marina. The dock will not impact property with respect to flooding or erosion Policy& Protect and improve water quality and supply in the Town of Southold. See L WRP Section II1 ~ Policies Pages 16 through 21for evaluation criteria Yes No [] Not Applicable X Discussion (if appropriate): the dock will conform to the Trustees standards and does not impact water quality or supply. 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 Ill- Policies; Pages 22 through 32for evaluation criteria. Yes No [] Not Applicable X Discussion (if appropriate): The site is adjacent to Mill Creek and proposed to be constructed with hardwoods and 60% open decking to mitil~ate imoact of residential docks on the habitat and wetlands. Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section llI- Policies Pages 32 through 34for evaluation criteria. See Section Ili- Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (ifappropriate):No impact is anticipated to air quality Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section II1 -Policies; Pages 34 through 38for evaluation criteria. Town of Southold LWRP Consistency Assessment Form 3 Yes No [] Not Applicable x Discussion (if appropriate): The proposed structures will not impact solid waste or hazardous substances. Materials used for proposed dock comply with Town standards. 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 111 - Policies; Pages 38 through 46for evaluation criteria. Yes X No [] Not Applicable X Discussion (if appropriatc):The parcel is private 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 56for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): the waterfront proper~ retains riparian ri~htsl 0ro~osed dock enables owners to access Mill Creek with their vessel. 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 62for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The NYSDEC, Army Corp and Department of State regulations prevent degredation of the environment. Policy l2. Protect agricultural lands in the Town of Southold. See L WRP Section lll- Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): The area is not a designated agricultural district. The neighborhood consist of single family homes on existin~ parcels with docks Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68for evaluation criteria. Town ofSoulhold LWRP Consistency Assessment Form 4 Yes X No [] Not Applicable [] Discussion (ifapproprlate):Residential development is a recognized permitted and encouraged use in the Town of Southoldl waterfront parcels have the right to seek permits for residential docks. *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 PLAN VIEW Proposed: Stairs & Dock Purpose: Private Moodng Surveyed: 08-03-12 Amended: 08-30-12, 0925-12 SCT# 1000-52-2-23 Town: Southold Suffolk County, NY Datum: M L L W I 1" = 30' I N SECTION " '°kOO~ue pot~d s~ Proposed Dock ~;t~;I "~"~'~-3'~ 4~28' (hardwoods) I;~"s~nd ~p---~.~ "60% Open Deck" Se~nal 0 ~no mi ' ROBERT H. FOX NYS PLS~ 5O197 Box # 366 Aquebogue NYl1931