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Home My WebLink About1000-70.-6-24 OFFICE LOCATION: Town H~lAnnex 54375 State Route 25 (cor. M~nRd. & YoungsAve.) Southold, NY11971 MAILING ADDRESS: P.O. Box 1179 $outhold, NY11971 Telephone:631 765-1938 F~x: 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 14, 2013 Re: Proposed Wetland Permit for JOHN & EMILY BREESE SCTM#1000-70-6-24 Patricia C. Moore, Esq. on behalf of JOHN & EMILY BREESE requests an Amendment to Wetland Permit #7200 for the storm damaged part of the dock; replace 6'x9.6' wood dock with 4'x18' wood dock which will enable to use shorter aluminum ramp; replace 28' permitted aluminum ramp with 20'x30" aluminum ramp; add two (2) tie-off piles on east side; relocated existing float. Located: 3698 Pine Neck Road, $outhold. SCTM# 70-6-24 T he 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 to is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "A" which states: A. Maintenance or repair involving no substantial changes in an existing structure or facility; 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 INSTRUCTIONS I ECE VE SouthoH Town All applicants for permits* including ToVCa 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 ofcensistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion 14a?ard Arga. 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 Rev]talizetinn Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of $outhold Town). lfany 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 mom detail and, if necessary, modified prior to making a determination tha~ it is consistent to the maximum extent practicable with the LWRP policy standards and conditions, tfan action cannot be certified as consistent with the LWRP policy ..-' standards and conditions, it shall not be undertakem A copy of the LWRP is available in the following places: online at the Town (southoldtown.northfork.net), tho Board of Trustees Office, the Plannin the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1~)00-70-6-24 (Jack & Emily Breese) AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 631-765-4330 The Application has been submitted to (check a Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees X Zoning Board of Appeals 1 Category of Town of Southold agency action (check ~ , , .: .~, j (a) Action undertaken directly by Town agency (e.g, capttal eonstrucfion,~plannil~ activity, agency regulation, land transaction) [] .~ ~ (b) Financial assistance (e.g. grant, loan, Subsidy) E] (e) Permit, approval, license, certification: [] Type: .~.~es P.~-Amendment Nature and extent of action: The original aonroved dock was dama_oed bv Storm Sandy therefore the dock will be modified- replaceing a wider catwalk with a foot catwalk in kind and in place. The dock will be lengthened in order to make thc ramp shorter. This will enable owner to take out ramp and float more easily. Location of action: 3689 Pine Neck Road, Southold Site acreage:_ 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:John and EmilE._Breese (b) Mailing address:3689 Pine Neck Road, Southold (e) Telephone number: (516-785-8974) or 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 efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2for evaluation criteria. Yes X No [] Not Applicable [] Discussion (ifapproprlate): reolacin~ the 6 x 9.6 wood doe, k with a 4 x 17.6 dock mak~ ,the storm replaced dock more confor-mino ill width. The area of the dock w~-': remain the same, the ramo will be shorter and wood dock replace part of Policy 2. Protect and preserve historic and archaeological resources of the Town of So~thold. See LWRP Section III- Policies Pages 3 through 6for 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 Town of Southold LWRP Consi$1encT Assessment Form 2 Coastal Resources. The existing building is not on the Town or State Historic registry. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. ,gee LWRP Section III- Policies Pages 6 through 7for evaluation criteria Yes X No [] Not Applicable [] Discussion (ifapprop~ate):the residential dock use of the property will n, ot change. The orooosed revisions to the existing dock will not be noticicable. 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 (ifappropriate): The property_ is on the Jockey Creekwith no evidence of erosion Policy 5. Protect and improve water quality and supply in the Town of Southold See LWRP Section III ~ Policies Pages 16 through 21for evaluation criteria Yes No [] Not Applicable X Discussion (ifappropriate):No impact on water quality 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 32for evaluation criterict Yes X No [] Not Applicable [] Discussion (if appropriate): The site is adjacent to Jocky Creek, the dock is existing and will be reconstructed after the storm Policy 7. Protect and improve air quality in the Town of SouthoM. See L WRP Section III~ Policies Pages 32 through 34for evaluation criteria See Section III- Policies Pages; 34 through 38for evaluation criteria Yes [] No [] Not Applicable X Discussion (ifappropriate):No imoact is anticioated to air quality by dock- Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section Ill-Policies; Pages 34 through 38for evaluation criteria. Town of Southold LWRP Consistency Assessment Form 3 Yes No [] Not Applicable x Discussion (ifappropriate):.The proposed structures will not impact solid waste or ~ha_.~__rdous s~ 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 II1 - Policies; Pages 38 through 46for evalualion criteria. Yes X No [] Not Applicable X Discussion (ifapproprlate):The parcel is private, however, access along the beach is open to the public WORKING COAST POLICIES Policy 10. Protec~ Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section 111- Policies; Pages' 47 through 56for evaluation criteria. Yes No [] Not Applicable X Discussion (if appropriate): Residential dock is not considered a water dependent use~ however, the use promotes ri0arian rights op the waterfront nrooerty owner Policy 11. Promote sustainable use of living marine resources in Long Island Soun& 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 oronosed reoairs and modification of the exi~tin1, dock is environmentally friendly and all the retnd~_orv agencies control the projegt to prevent degredation of ~he environment~ Polic~ 12. Protect agricultural lands in the Town of Southolct See LWRP Section lll- Policies; Pages 62 through 65 for evaluation criteria Yes [] No [] Not Applicable X Discussion (ifappropriate)l The area is not a deslon~ted a~ricultural district. The neighborhood consist of sinele family homes on existing parcels Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III- Policies; Pages 65 through 68for evaluation criteria. Town of Southold LWRP Consistency Assessment Form 4 Yes X No [] Not Applicable ID Discussion (ifapproprim):Residenfial development is a recognized ~ermitted and encoura~,ed use in the Town of $0uthoid. *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 PLAN' VIEW Frepared for: John Bresse Surveyed: June 2, 2009 Amended: August '11, 2009 November 2, 2009, March 11, 2010, Nov. 8, 2012 SCT# 1000-70-6-24 Town: Southold Suffolk County, NY Datum: Low Water I 1' = 30' I N l'",le J:lond E3Oundory I~. Fox ~June 200q t SECTION 1" = 20' !l,,l~tland5 I I R. Fox ..June '0~ Exlsl:lncj Pock New 4' x 18' 4'x40'-¢ 6'xq.6' Dock Section now fix~:l walk Ioncth Relocate Existing Float (8'x24~ & Piles to maintain 2.5' deep exist:. ROBERT H. FOX NYS PL$# 50197 P.O. Box #366 Aquebogue i ~J V · ~ CP." BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7~OO. DATE: ISSUED TO: ~ PROPERTY ADDR]K~: AUTHORIZATION Purmant to the p~visions ofCImp2r 275 and/or C~ I11 of~h~ Town Cod~ of the Town of $outhold and in accordance with the R~olution of tl~ Board of TruSt's adoptd at ihe meeting held on ]J~t to the Ta and Conditions as stated in tho Resohtion. ~he SouflloM Town Boaxd of T~ ~ and permits Wetland.permit to relocate the existing 8'x24' ~O~g dock and piles; malntnin a 2.5' deep water depth; smd replace existing ramp wi&'a'~JJJS]28' ramp, with the eondition of the removal of all tie-off pilings, and as depleted on th® site plan Prepared b,/Sea.Level Mapping, last dated March IJ~, 2010~ 2010. IN W~ WHiiRF..OF, Ib~ said~Boatd of Trusl~ h~ ~ it~ Coq~omte Seal m bo a~ted, and thee Presents to bo sul~cn~M by a majoetty of tl~ said B~ni aa of Otis dart Daga ~ OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. M~in 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 RE¥1'I~LIZATION PROGRAM TOWN OF SOUTHOLD To: Jim King, President Town of Southold Board of Trustee~/ y- From: Mark Terry, Principal Planner LWRP Coordinator Date: October 15, 2009 Re: Proposed Permit to Wetland Permit JOHN & EMILY BREESE SCTM#1000-70-6-24 Patdcia C. Moore, Esq. on behalf of JOHN & EMILY BREESE requests a Wetland Permit to relocate the existing 8'X 24' floating dock and piles; maintain a 2.5' deep water depth; and replace existing ramp with a 30"X 28' ramp. Located: 3689 Pine Neck Rd., Southold. SCTM#70-6-24 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. 6.3 Protect and restore tidal and freshwater wetlands. 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 jurfsdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed dock does not conform to Chapter 275 regulations, more specifically: Regulations for the placement and configuration of docking facilities. [1] Residential docks. [Amended 10-11-2005 by L.L. No. 17-2005] [b] If any part of a residential dock structure includes a float or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings: Ii] It is no larger than six feet wide and 20 feet long except on Fishers Island ff the need is demonstrated; or of equal square footage as determined by the Tm, stees; [Amended 12-f8-2007 by L.L. No. 23-2007] The oroDosed float i~ 8' x 24' and does not conform to the above section. Additionally, aerial photos indicate that the proposed extension would project sea-ward of the existing dock line and therefore would not conform to the below cited section (Figures 1 and 2). [c] In determining the permitted length of a p~oposed 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. Figure 1. Aedal view site showing existing dock (black arrow). Figure 2. Aedal view of dock line with proposed sea-ward projection shown. 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