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HomeMy WebLinkAbout1000-87.-3-38 OFFICE LOCATION: Town Hall 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 15, 2013 Re: Proposed Wetland Permit for PAUL HOLOBIGIAN SCTM#1000-87-3-38 Suffolk Environmental Consulting, Inc. on behalf of PAUL HOLOBIGIAN requests a Wetland Permit to reconstruct the existing timber dock (4.0'W x 31.0'L) and extend an additional 38.0'+, to result in a new catwalk measuring 4.0'W x 69.0'L, supported by eight (8) timber pilings (4'x4") and fourteen (14) timber pilings (6"x6"); construct a hinged ramp (3.0¥V x 15.0'L) and a floating dock (6.0'W x 20.0'L) off the seaward end of the new catwalk; the floating dock is to be secured by four (4) timber pilings (6'x6'); all materials to be non-treated; all catwalk top-decking to be of an open-grate design (i.e., Thru-Flow or similar); all hardware to be hot-dipped galvanized. Located: 3300 Minnehaha Boulevard, Southold. SCTM# 87-3-38 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 above actions are INCONSISTENT with the denoted following LWRP Policy Standards as outlined below and therefore is INCONSISTENT with the LWRP. Policy 5. Protect and improve water quality and supply in the Town of Southold. The expansion of the dock structure may promote power boat traffic and the possible followinq neqative impacts may occur: 1. Deqradation of water quality via bottom scourinq and prop dredqin.q. 2. Impacts to submerqed aquatic veqetation, 3. Re-suspension of bottom sediments and turbidity Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. 6.1 Protect and restore ecological quality throughout the Town of Southold. 6.2 - Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. The action is proposed to be located within a New York Department of Si.qnificant Coastal Fish and Wildlife Habitat area. Further, Veqetated wetlands have been identified occurdnq around the existinq dock, however, the proposed construction practices to reconstruct the dock have not been identified. No desiqn considerations have been made to preserve/restore intertidal veqetation (Decking type) in the area. It is recommended that the applicant identify the proposed construction practices. 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 jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed dock does not conform to Chapter 275 re.qulations, more specifically: Regulations for the placement and configuration of docking facilities. [1] Residential docks. [Amended 10-11-2005 by L.L. No. 17-2005] Submitted plans indicate that the proposed extension would proiect sea-ward of the existinq dock line and therefore would not conform to the below cited section. [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#ne) in the waterway which meet the requirements of this chapter. Further, the applicant has not demonstrated that the followin,q dock standards have been met: § 275-11 Construction and operation standards. (2) Docks. Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: 1. Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; 2. Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shell fishing, waterskiing and other water-dependant activities; 3. Whether the dock will cause degradation of surface water quality and natural resources; 4. Whetherthe dock will cause habltat fragmentation and loss of significant coastal fish and wildlife habitats; 5. Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, sea grasses including eelgrass (Zostera marina) and widgeon grass (Ruppia madtima) or shellfish; and 6. Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts. Policy 9. 9.4 E. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Assure public access to public trust lands and navigable waters. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative. The use of the waterway is public, the proposed action is private, noncommercial and will not support a pattern of development that enhances community character nor preserves "public" access or public recreational activities. Further, the Board qrented the use of public lands by issuance of the Wetland Permit 5109 for a 4' x 32' dock in 2000. Structures extending beyond the minimum necessary for access to navigable waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in the following circumstances: a. when necessary for practical and convenient operation of water- dependent industry or commerce, and provided that obstruction of commercial navigation does not result. b. for commercial recreational boating facilities provided that: (i) the loss of navigable waters and use of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does not result. c. when the principal purpose of the structure is necessary: (i) to provide public access for recreational uses (ii) for improvements for navigation (iii) for protection from coastal hazards, or (iv) for essential public transportation and transmission facilities. Further, the proposed action has been identified for private use and therefore does not meet the above policy. It is recommended that the proposed action be amended to further the above listed policies to the greatest extent practical. It is recommended that the Board consider a seasonal moorinq to meet the intent of the oriqinal permit issued in 2000. The permit included a din,qy ladder to allow access to a mooring. 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", achievement of the LWRP policy determination that it is consistent to the standards and conditions. If an action cannot proposed action may affect the y review law. modified prior to making a LWRP policy with the LWRP policy A copy (southoldtown libraries and B. DESCRIPTION OF SCTM# 087 The Application has Town Board [] Planning 1. Category of Town of 5 website of Trustees Office, the Planning Department, all local 038 to (check appropriate response): [] Building Dept. [] Board of Trustees '[] ~ action (check appropriate response): (a) n directly by Town agency (e.g. capital construction, p activity agency regulation, land transactiol~ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: [] [] Applicant wishes to repair/reconstruct the existing Dock (due to damages ensued by Hurricane Sandy) and extend same (including Hinged Ramp & Floating Dock). Attach additional sheets if necessary Location of action: Site acreage: 3300 Minnehaha Boulevard~ Town of Southold, NY 0.27 acre ± Presentland 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: PAUL HOLOBIGIAN (b) Mailing address: 116 Kildare Road~ Garden Cit¥~ NY 11530 (c) Telephone number: Area Code ( 516 ) 567 - 7444 (d) Application number, if any: N/A 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 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 ~bject proposal is consistent with this pohcy in that the proposal to maintain/enhance an existing dock assembly attendant to this property reflects the majority, of existing docks attendant to properties along this shoreline and is characteristic of waterfront communities. In addition, this project will be in harmony with the "... benet~cia] use o£a coastal location..." in that the proposal is to maintain/enhance the usage of a dock assembly, which provides practical & efficient coastal access to the surface waters of Corey Creek and beyond. Accordingly, we believe that this project is consistent with this policy. 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 proposal is not applicable to this Policy. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria .~ Yes [] No [] Not Applicable Sublect proposal will not adversely impact the visual quahty of the surrounding area in that the adjacent shoreline is currently comprised of properties improved with similar structures (i.e. dock assemblies) and scenic resources, assumedly views of the waterway, are not at risk due to the repaired/reconstructed/extended dock has existed at this site for the past ten (10) years without adversely impacting the visual quality of the surrounding area. Accordingly, this proposal will comply with Policy 3. 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 This proposal is not applicable to this Policy. 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 This proposal is not applicable to this Policy. 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 is not applicable to this Policy. 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 is not applicable to this Policy. 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 This proposal is not applicable to this Policy. 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 [] Yes [] No [] Not Applicable This proposal is not applicable to this Policy. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal is applicable in that a water-dependent use (i.e. access to surface waters: boating] is being maintained on a waterfront parcel, however, with regards to this Policy's concerns with marinas, aquaculture, etc..., this proposal is not applicable due to this proposal involving only a private docking assembly. 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 62 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculrure, etc...). 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 Subiect proposal is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal agricultural production, etc...) 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 Subject proposal is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Created on 5/25/05 11:20 AM SURVEY O1~ PROPERTY AT LAUCHING WATERS TOWN OF ~ $OUTHOLD AREA = 11 to tl~ne ~ LIC ~0. 4961l ANY ALTERATION O~ ADDITI~ 70 THI~ SURVEY ~5 A Vi~ATIO~i ~ ~CTI~ 7209 ~ ~E NEW Y~K STATE EOUCATION LA~ . Ex.PT AS PER SECTI~ 7209-SUeD~ON 2, ALL CERTtRCATIONS (516) 765 - 5020 HEREON A~E VALID F~ THIS MAP AND C~S THEREOF ~L Y IF P O, BOX 909 5~O M~ OR C~IES BE~ THE tMPRESSED SE4L ~ THE SUR~YOR 12~0 TRAVELER S~REET ~OSE ~GNATURE APPEA~S HERE~ SOUTHOLD, 1000-87-03-38 SCALE: DECEMBER 22, 1~98 -% SUFFOLK COUNTY, NEW YORK ATING DOCK , .~ ~', SITE PLAN Scale: ].o': ~o.o'+ 0 "2 ...... ~r PROPOSED FLC  PROPOSED HINGED RAMP ~d~ ~ _ ~ '~- (6.0 W x '~ (s.o' w x ~.o' L~ ~ PROPOSED CATWALK ~ EXTENSION ~.4 ~-"-~ ~ ~.' PROPOSED CATWALK - ~ ~CONSTRUCTION SOUTHEASTERN ELEVATION Scale: 1.0" = 10.0' ::l: ~ < 89.0' ~ I I I I ~ 6.0'~i I P EPA~k{~/R[ ( C)~qSi ~L]C 1E D PO~i ',C)N PROPOSED CATWALK I I I i (~f ~ ~ VX',Siff,]G Cz~T~, A~K (4.0' W x 69.0') I I I i PROPOSED FLOATING DOCK EXISTING MASONRY WAL~i~ (~] 0' L) I ~ ii( 15'0'~ Li i (6'0'Wx20'0') PROPOSED TIMBER PILI"GS PROPOSED TIMBER (4" X 4" ~ 8 total) (6" X 6" ~ ~4 total) PROPOSED HI~GED RAMP ROJECT DESCRIPTION: ~pplicant proposes to reconstruct the existing limber Dock {4.0' W x 31.0' [} and extend an additional 38.0' +, to result in a new Catwalk measuring 4.0' W x 60.0' L supported bg eight Timber ~ilings {4" x 4"} and fourteen (14) limber ~ilings (~" x Additionally, applicant proposes to add a Hin§ed Ramp (].0' W x 15.0' L) and a Floating Dock (6.0' W x 20.0' L) off the seaward end of the new Catwalk. The Floating Dock is to be secured by four (4) Timber Pilings (6" x 6"). All materials to be non-treated. All Catwalk top-decking to be of an open-grate design (i.e., Thru-Flow or similar). All hardware to be hot-dipped §alvanized. All underwater elevations performed by ROBERT H. FOX, L.S.