The URL can be used to link to this page

Home My WebLink About1000-37.-4-15.1 OFFICE LOCATION: Town Hail 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: February 19, 2013 Re: Proposed Wetland Permit for MICHAEL & GRACE ANN GRIFFIN SCTM#1000-37-4-15.1 Costello Marine Contracting Corp. on behalf of MICHAEL & GRACE ANN GRIFFIN requests a Wetland Permit to remove existing 4'x50' seasonal catwalk; construct new 4'x50' fixed dock in-place; install two 8" diameter anchor pilings for existing 6'x20' seasonal floating dock. Located: 435 Pine Place, East Marion. SCTM# 37-4-15.1 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. 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 applicant fails to prove that the action meets the following requirements § 275-11 Construction and operation standards of the Southold Town Code: C. In water. The following standards are required for all in-water operations adjacent to residential properties. (2) Docks. (c) Regulations for the placement and configuration of docking facilities. [1] Residential docks. [Amended 10-11-2005 by L.L. No. 17- 2005] [c] In determining the permitted length of a proposed residential dock, the Trustees shall seek to maintain lengths consistent with the other docks (i.e., pier line) in the waterway which meet the requirements of this chapter. A vessel has not been shown and the dock is located in close proximity to the navi.qable channel that connects Sprin.q Pond with Orient Harbor. An assessment of' whether the dock with the vessel will become a naviqation hazard {includin.q at ni.qht) should be made. 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 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 extend into public water and result in a net decrease in public access to/on public underwater lands. The applicant enioys access to public water via an existinq seasonal catwalk, The seasonal nature of the catwalk preserves the public riRhts in off-season months with the removal of the structure, 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 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 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.ne0, local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION 37 4 15.1 SCTMg The Application has been submitted to (cheek ~ Town Board 1. JAN 3 0 2013 SoutJlNd J0wn [--] Planning Dept. n"] Building Dept. [--'] Board of Trustees ~-] of Town of Southold agency action (check appropriate response): Category (a)Action undertaken directly by Town agency (e.g. capital /~x //~x~ construction, planning activity, agency regulation, land lransa~tior~ I,J~5' ~\ r--~ Co) Financial assistance (e.g. grant, loan, subsidy) C ~f~,~ , Remove existing 4'x50' seasonal catwalk. Construct new 4'x50' fixed dock in-place. Install two 8" diameter anchor piling for existing 6'x20' seasonal floating dock. Location of action: 435 PINE PLACE, EAST MARION Site acreage: 0.45 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: MICHAEL & GRACE ANN GRIFFIN (b) Mailing address: PO BOX 511, EAST MARION, NY 11930 (c) Telephone number: Area Code ( ).631.477.2677 (d) Application number, if any:_ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~] No ~ lfyes, 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 will make better use of this waterfront property. The existing seasonal structure is very expensive to maintain and store. With the use of grate-style decMng, sunlight will be able to penetrate the underwater lands throughout the year. The proposal is reasonable and consistent in size for the surrounding area. 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. Sec LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [--] Yes ['~ No [~] Not Applicable The visual quali~y will not be decreased by the construction of the dock extension. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Sec LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~'~ Yes ~'~ No ~'~ Not Applicable Our proposal will not have any influence on the loss of life, structures and natural resources from flooding and erosion. 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 an), impact on the water quality or supply of the Town of Southold. Attach additional sheets it'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 have limited impacts on the Town of Southold's ecosystem. There will be some short term disturbance when the piling are jetted in but this will stop once construction has ended. The area will naturally re-establish itself immediately. Attach additional sheets ii: 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 This proposal will not have any impact on the air quailO, 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. NYes ~ 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~ 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 Ftxed dock is the same length and width as the existing seasonal catwalk. There will be no expansion. 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 property is used to engage in water-dependent activities such as fishing and swimming by the properly owners ~nd their family. The proposed fixed dock will be the same size and configuration as the existing seasonal catwalk. The proposed dock will be used to service the boat and the existing floating will continue to aid passengers getting on and off the boat during all tides. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. Sec LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ['--]Yes ~ No~'] Not Applicable The proposed dock extension will have no significant effects on the living marine resources. Any disturbance to the benthic communiO~ will re-establish itself immediately ~fter construction. 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 sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill - 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 JAN 3 0 2013 $oLdhoid Town ,q 4.:35 PINE PLACE IN ~'] LOT 142 .sS'al'Op-w 57.5~ EDgE OF PAVEMENT PINE AREA = 19,846 sq. ft. to tie lines LOT 14~ .POND SSg'_40'Iy-E: . -~ ~.Z_~.l9 I LOT 14~5 SURVEY OF PROPERTY AT EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-37-04-15.1 SCALE: I'--30' APRIL 18, 2012 JAN 3 0 '~g!3 NT$'/S'~~,.' LIiVE) ANY ALTERATION O~ ADDITION TO THIS SURVEY IS A VIOLAT/ON OF SECTION 72090F THE NEW YOPK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OP COPIES BEAR THE IMPRESSED SEAL OF THE 5-'URt/E'YOP WHOSE SIGNATURE APPEARS HEREON. LOT NUMBERS REFER TO "SECTION TWO OF BAY ESTATES" FILED IN THE SUFFOLK OFFICE ON SEPTEMBER 25, 1927 AS ~'////~' N:'~s.~LIC NO. 4961~ ~CONIC CS~ErO~S, P.C. (6Jl) 765-5020 FAX (631) 765-1797 ~. O. BOX 909 ~2JO T~A VELER ~o~o~, ~.~ .9~ 12-144