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Home My WebLink About1000-24.-2-12 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: March 20, 2013 Re; Proposed Wetland Permit and Coastal Erosion Permit LINTON I. DUELL SCTIV~1000-24-2-12 LINTON I. DUELL request an Amendment to Wetland Permit fl4338 and a Coastal Erosion Permit for taking the existing catwalk, ramp and float and modifying the existing total length of 60' to 88' by means of lengthening the present catwalk by 28'; place 4 new 8'-9'x20" pilings to secure the new catwalk and relocate other pilings to secure the float in new location; the existing 10'x20' float will be replaced with a 6'x20' float in two to three years when its useful life has ended. Located: 450 Bay Lane, Orient. SCTM# 24~2-12 The proposed action has been reviewed to Chapter 268, Waterfrent 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 us, it is our recommendation that the proposed action is INCONSISTENT with below LWRP policy standard and therefore is INCONSISTENT with the I_WRP. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Although the action is located within Orient Harbor an area of historic and current maritime activity, the proposed dock is located within the Coastal Erosion Hazard Area. The location of the proposed dock is within the Coastal Erosion Hazard Area (CEHA) and will be constructed in the nearshore. All development is prohibited in the nearshore area pursuant to § 111 11 unless specifically provided for by Chapter 111, COASTAL EROSION HAZARD AREAS. Pursuant to § 111-6, allowable activities within the nearshore area may include "docks... built on floats, columns, open timber piles or other similar open work supports with a top surface area of less than 200 square feet. The dock, as proposed, is prohibited in the nearshore area pursuant to Chapter 111, COASTAL EROSION HAZARD AREAS. The proposed dock is .qreater than 200 square feet. § tlt-11. Nearshore area. C. All development is prohibited in nearshore areas unless specifically provided for by this chapter. § 111-6. Definitions. UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar .open work supports with a top surface area of less than 200 square feet or which are removed in the fat of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a 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 Waterfxont 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). 3: If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- suooorting facts. 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 SCTM# t~q PROJECT NAME website (southoldtown.northfork.net), the Board of T local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION . v Office. the Plannlno DeE rtment, all FEB 2 7 2013 S old Town Thc Application has been submitted to (check appropriate response): TowaBoard ~-] Planning Board ~ Building Dept. [] BoardofTrustccs F Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital conslxuction, planning activity, agency regulation, land transaction) [no) FinanCial assistance (e.g. grant, loan, subsidy) (c). P~mdt, approval, license, certification: MAR - 7 2013 Nature an~d..e .xte_nt of action: Linton & Diana Duell 450 West Bay Avenue Orient, NY. 11957 631~323-3638 Proposed Project: Taking existing catwalk, ramp, and float and modi~{is~ total length of 60 ft. to 88ft by means of langthening the present ca~ We will heed to place 4 new 8'-9' X 20' pilings to secure the new catwalk and relocate other pilings' to secure the float as before. The plan calls for repositioning the three pilings' that secure the float outward 28fi. The float is removed each year sometime in late September or early October and relocated and positioned in May. As per our agreement during the preliminary inspection the 10x20 float will be replaced with a 6x20 float in two or three years when its useful life has ended. Location of action: Site acreage: Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (b) Mailing (c) Telephone number: Area Code (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? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 ~--~NotApplicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III -~eS Pages 3 through 6 for evalUation criteria [-] Yes [--] No t ' I Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town ofSouthold. See LWRP SectiOn HI - Policies Pages 6 through 7 for evaluation criteria [-] Yes [] No [---~/Not Applicable Attach additional sheets if necessary 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 : 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 [--~NotApplicable 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 Attach additional sheets if 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 N No [-~ Not Applicable 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 Ill - Policies; Pages 34 through 38 for evaluation criteria ~-~ Yes ~ No ~ Not Applicable 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 ARach 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 Attach additional sheets if necessary 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 ' 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 Attach additional sheets if necessary PoIicy 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 LINTON I. DUELL · 'POB 38'7 ORIENT NY 11951 LINTON I. DUELL POB 387 ORIENT NY' 11951 LINTON I. D[JELL POB 387 ORIENT NY 11951 FE~ 2 1 20~3 ,L,INTON I. POB 387 QRIENT NY 11951,