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Home My WebLink About1000-122.-4-17 OFFICE LOCATION: Town Hall 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: October 17, 2012 Re: Proposed Wetland Permit for ERIN & MATTHEW CUNNINGHAM SCTM#1000-122-4-17 NOte the action is proposed on Suffolk County lands/waters. Has permission been obtained from the county to place a dock structure on the lands/waters? (SCTM# 122.-4-4.8) Costello Madne Contracting Corp. on behalf of ERIN & MATTHEW CUNNINGHAM requests a Wetland Permit to;. Located: 2980 Ole Jule Lane, Mattituck. SCTM# 122-4-17 The proposed action to remove 30' of existing bulkhead and retaining wall and construct 30' of new bulkhead in-place; top of bulkhead to be level with existing adjacent bulkhead; construct 25' of core stone rock retainer; construct a 4'x8' wood deck; provide a 10' wide non-turf buffer landward of the new bulkhead and core stone rock retainer 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 action is CONSISTENT with the LWRP. The proposed action to construct a 4'x12' fixed catwalk; provide water and electric service to offshore end; install 1,8501b. boat davit; install a 32"x16' seasonal ramp onto a 6'x20' seasonal float secured by two 8" diameter anchor pilings is INCONSISTENT with the LWRP and listed policy standards provided below. 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 The applicant fails to prove that the action meets the following requirements § 275-11 Construction and operation standards of the Southold Town Code: No dock shall be erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation, fisheries, shell fisheries, scenic quality, habitats or wetland areas. See below response. Within creeks and other narrow waterways, no dock length shall exceed 1/3 the total width of the water body. Determination of the length of the dock must include the dimensions of the vessel. The dock structure has the ability to impede naviqation of the channel. A sandbar occurs to the west of the dock making the navigable channel narrow. The placement of a vessel at the dock terminus would further impede navi.qability. The dimensions of a vessel have not been shown. 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. A. Limit grants, leases, easements, permits or lesser interest in/ands 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 extend into public water and result in a net decrease in public access to/on public underwater lands. It is recommended that alternative vessel moorin.q option is considered to accommodate a vessel. 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 Southoid .i ~ 202 LWRP CONSISTENCY ASSESSMENT FORM 1. All applicants for permits* including Town of Southold agencies, sh~completc this CCAF for proposed actions that are subject to the Town of Soathold 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 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.norttffork.net), the Board of Trustees Office, the Planning Depmtment, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION 122 4 17 SCTM~ The Application has been submitted to (check appropriate response): 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, license, certification: Nature and extent of action: Ad Remove 30' o£existing bulkhead and retaining wMl and construct 30' o£new bulkhead in-place. Top bulkhead to be level with existing adjacent bulkhead. B.) Construct 25' of core stone rock retainer. C.) Construct a 4'x8' wood deck. D.) Provide a 10' non-tuff buffer landward of new bulkhead core stone rock retainer. E.) Construct a 4'x12' £rved catwalk. Provide water and electric service to offshore end. Install 18501b boat davit. F.) InstMl a 32"x15' seasonM ramp onto a 6'x20' seasonM floating dock secured by two 8" diameter anchor piling. Location of action: 2980 OLE JULE LANE, MATTITUCK Site acreage: 0.32 ACRES Present land use: SINGLE FAMILY RESIDENCE Present zoning classification: R-40 RESIDENTIAL LOW DENSITY AA 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: ERIN & MATTHEW CUNNINGHAM (b) Mailing address: 1118 RYDER ROAD, MANHASSET, NY 11030 (c) Telephone number: Area Code ( ) 917.701.0773 (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. [~-~Yes [--] No [--] Not Applicable Our proposal is an attempt ot' the upland property owners to maintain their property. Our proposal will not have ony effect on the communi(y character or preservation of open sp~ce. The bulkhead is in-place construction but the additionM height will make this section consistent with the neighboring bulkhead. The addition platform, rzmp and float wlli provide access over the wetlm~d area and into adequate water. attach aomuonai sheets t~ necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of 8outhold. See LWRP Sectiou III - Policies Pages 3 through 6 for evaluation criteria ~ Yes ~ No [~ Not Applicable This proper(y hzs no signific~mt histo~c resources. Anach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. Sec LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ['~ Yes [-~ No ~-] Not Applicable Our proposal is an attempt to maintain the property and to enhance the appearance o£the property. The visual qualRy will not be decreased by the construction o£the new bulkhead. The plafform, ramp and float assembly is reasonable and consistent with the area. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from floodin~ and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~] Yes ~ No [~ Not Applicable Our proposal will not have any in[luence on the loss of life, structures and natural resources from flooding and erosion. The proposed bulirhead is in-place o£ the existing bulkhead. Attach additional sheets ifneeessmy 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 o£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. AH construction debris will be contained and ali Best Management guidelines will be adhered to. At~ach additional sheets if neeessa~ 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 This proposal will not have any impact on the air quali~y 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. Sec LWRP Seclion IH - 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 HI - Policies; Pages 38 through 46 for evaluation criteria. [--'] Ye~ No[~ Not Applicable Our proposal will not limit the public's abili(y to access coastal waters, public lands or public resources of the Town o£ Southold. The proposed plafform, ramp and float assembly will not limit navigation on the canal. The upland proper(y is private residential 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 This proper~y is used to engage in water-dependent activities such as fishing and swimming by the property owners and their family. The current condition o£ the existing bulkhead is aged and worn. The platform, ramp and float will aid the family in boarding and unboarding their boat during all tides. This assembly will make the property more functional and safer to access the boat so that water-dependent uses can continue. Attach additional sheets if neeessary Policy I1. 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 The proposed revetment will have no signifscant effects on the living marine resources. 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 Southold Attach additional shee~s 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 5/25/05 11:20 AM N Box # 366 Aquebogue NY 11931 ROBERT H. FOX NYS PLS# 50197 HYDROGRAPHIC SURVEY Sun/eyed: 05-10-12 SCT# 1000-122-4-17 Situate: Mattituck Town: Southold Suffolk County, NY Datum: M L L W I 1" = 30' I ~ND NOW OR FORMERLY OF ~ELLO LOT( S): L~ed LOCATION: MATTITUCI< TOWn Or SOUTHOLD, COUNTY Or SUffOLK. STATE or New YORK 559M~ SURVEYED: OCTOBER I 20~0 B~N~York11705 CERTIFIED TO: SAFE HARBOR TITLE AGENCY, LTD. TITLE ~ SH10292~ ~ W~LLS rARaO aAnK. ~.A. F~ 4~-1~1 SCALE: 1"=30' FILE NO: 10--296