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Home My WebLink About1000-104.-9-3 OFFICE LOCATION: Town Hail 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: March 20, 2013 Re: Proposed Wetland Permit for THOMAS DOWLING SCTM#1000-104-9-3 Note: the maps submitted shows the property boundary projecting into the water body and including the "existing boat slip". Tax map records so not show this projection; the tax map line follows the shoreline. Please have the applicant clarify the boundaries of the parcel. The proposed action is located within a New York State Department of State Significant Fish and Wildlife Habitat Area, a New York State Critical Environmental Area and a Peconic Estuary Critical Natural Resource Area. .DKR Shores, Inc. on behalf of THOMAS DOWLING requests a Wetland Permit to remove all portions of dilapidated timbers/old bulkhead and reconstruct a 189' navy style bulkhead in-place of existing utilizing vinyl sheathing; to reconstruct a 39' return and an 11' return, both with vinyl; to dredge area 10' off bulkhead, in boatslip to a depth of -4'ALW; resultant spoil (approximately 75 cubic yards) to be used as backfill for new structure; to reconstruct 3'x40' timber walk using untreated lumber; to install a cantilevered 4'x6' platform, 3'x12' ramp. and 6'x20' float secured by (3) 10" piles; to install electric/lighting to existing flagpole; to install an irrigation line to boat basin; to install pervious path with stepping stones at existing 4' path to boat basin. Located: 1200 Broadwaters Road, Cutchogue. SCTrv~ 104-9-3 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 proposal to remove all portions of dilapidated timbers/old bulkhead and reconstruct a t 89' navy style bulkhead in-place of existing utilizing vinyl sheathing; to reconstruct a 39' return and an tt' return, both with vinyl; to dredge area 10' off bulkhead, in boatslip to a depth of -4'ALW; resultant spoil (approximately 75 cubic yards) to be used as backfill for new structure and reconstruct 3'x40' timber walk using untreated lumber is CONSISTENT with the LWRP. Further, it is my recommendation that the proposed action to install a cantilevered 4'x6' platform, 3'xt2' ramp, and 6'x20' float secured by (3) 10" piles is INCONSISTENT with the LWRP and listed policy standards provided below. The property has access to Broadwaters Cove via the waterfront location and opportunity for a mooring. 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 C. 2 (d) of the Southold Town Code: (d) Review and approval of dock applications. Before issuing n ?~rmit fnr _~ dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [11] 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; and The continued construction of dock structures within a Siqniflcant Fish and Wildlife Habitat/Critical Environmental Area will affect the public use of the area, and de.qrade the ecoloqical quality of the area throuqh introduction of contaminants, disruption of madne life habits etc .... Correspondingly, physical and functional loss to wildlife has been found to occur through the loss and/or impairment of habitat, disruption of habits and migration patterns (structure and activity) and introduction of harmful contaminants. The most common contaminant associated with docks is wood preservatives impregnated into the wood used to prolong the life of a dock. Three trace metals; arsenic, chromium and copper are the most common. These three metals have the greatest potential to increase in estuarine environments from docks (Sanger and Holland 2002). The materials and construction method has not been identified. § 275-11 Construction and operation standards requires that all intertidal construction and excavation employ the installation of a silt boom that will retain all suspended sediments within the immediate proiect 9.3 area. [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. No such facilities are proposed or discussed. 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 result in a net decrease in public access to/on public underwater lands. 9.4 Assure public access to public trust lands and navigable waters. A. Provide free and substantially unobstructed passage along public trust shorelands. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 3. Obstruction of navigable waters and underwater lands is limited: b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (vi) whether or not alternative means to gain access are available. The applicant presently enjoys access to the waterbody via the opportunity for a moorin.q. Due to the shallow water depths and environmental sensitivity of the area, the seasonal moorin.q of vessels are more appropriate in this area. 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 Attomey LWRP CONSI,~FENCY ~ FORM A. INSTRUCTIONS FEB 2 ? ~013 $outhold Town Board of Trustees APPLICANT PROPOSES TO REMOVE ALL PORTIONS OF DILAPIDATED TIMBERS/OLD BULKHEAD, TO RECONSTRUCT 189' NAVY STYLE BULKHEAD IN PLACE OF EXISTING UTILIZING VINYL SHEATHING, TO RECONSTRUCT A 39' RETURN, RECONSTRUCT A 11' RETURN, BOTH WITH VINYL, TO DREDGE AREA 10' OFF BULKHEAD/IN BOATSLIP TO A DEPTH OF -4' ALW, RESULTANT SPOIL (APPROX. 75 CY ) TO BE USED AS BACKFILL FOR NEW STRUCTURE, TO RECONSTRUCT 3'X 40 TIMBER WALK WITH UNTREATED LUMBER, TO INSTALL A CANTILIVERED 4'X 6' PLATFORM, 3'X 12' RAMP AND 6'X 20' FLOAT SECURED BY (3) 10" PILES, TO INSTALL ELECTRIC/LIGHTING TO EXISTING FLAGPOLE, TO INSTALL AN IRRIGATION LINE TO BOAT BASIN, TO INSTALL PERVIOUS/PATH STEPPING STONES AT EXISTING 4' PATH TO BOAT BASIN. 2. Pres~ntlandme: 5'~n~jlc. 1Dcl. m; I,./ I DEVI~LOPED COAST POLICY Pdiey 2. ~ nd pmu've kimrk ad ~ mm'm d ti~ Towa of fmlhdd. ~e ' LWRP Section m - PoliCes Pagm 3 Ilmmgh 6 f~r eralullma ~'/tmh [--] yes ~-] No ~Notl PaNty 3. Fadmmee visml qmality amd lma~ ~_ ~ sm~ rmmm'~ flmmglm~ fire Tram of Som~dd. See LWRP ~om m- Policies Pages 6 ~ 7 ~ evalmim ~teria Policy 4. lVlimlmize loss of l~fe, s~tme~ts, and matmral resmmrzes from flmdimg amd eru~on. See LWRP Section IH - Policies P~ges 8 ~hrmngh 16 for J~ eritesln Amch additimmi slmm ff~ Si~if~ant Coastal Fish and Wdd]ife Habitats nd wetlands. See LIiVIIP Sedion m- roU Pages Z2 through 32 for evaluation ctitet~t [] Yn {'--{Nol~N~Alqdigmbk Polk? 1~. Prrtect Souttmid*s w~e~-depmdmt uses ami prmmmte siting of new water~lepmdent ms~s ia mfitable ioe~ See LV/RP Seetiam m - Policies; Pa~es 47 Oarmagh 56 f~r ev~ crttmia. 1~? ti. l'rmn~ ~ nsf d livh~ narhu~ rn~r~ in Lm~ hlnnd Sound, ~ht llttonit Estmu'Y nnd Tmwn wate~ Set LWRP Se~ion m- Pollch~ Pa~ts ~' titrmngh ~ for evnluiion criterit I--lye ~--[ Ne[~NotAp~ F-~ y~s [-] lq~ ~/Nst ~ LOT Z54 LOT Z~3 zONE zONE FEB 2 7 2013 Soolhold Town LOT 25 2: IF/I~E~MATI/J~aPPFJ~,I~je:~[ IllE~ BOt. JlI~IARY BY R. FOX AUG. 2010 i00. _AREA = 37,626 sq.fL lo tie lines · FLOOD ZONES FROM F'E~I4 c~~'~)' SURVEY OF LOT 253 "AMENDED MAP 'A' OF NASSA~ POINT, NASSAU POINT CLUB PROPERTIES, INC. FILED AUG. 16~ 1922 FILE NQ 156 AT NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COL~TY, N.Y. I000 ~- 104 09 - 05 SCALE I"= §0' OCT. 23, 2009 Nm,. I~, L~O~O (FOUM)A,'PIG~ f6,.,'31) 7'b~ - 5020 ! 1797 P. O. BOX 909 Ai~licant proposes to rernove portions of ex, ting dilapidated Umber,J, to re{on, in pdac~ 189' bulkhead u§lizing vinyl sheathing, tD dn~ge are~ 10' off bulldtead iD a deist of -4' ALW, ut~ze re~ltant s{x)il approx. ?$ c.y. as backfill, to rec{xist~ct a 239' n~urn~ n~onsb~ct 11' mi3um, reconstruct 3~x 40' Umber walk in piac~ with untn~c~ lumber, to install a CanUievered 4'x 6 'platform, 3'x 12' ramp and 6'x 20' float secured by (3) 10' piles. At BrOadwater Cove, Cutchogue, Town of Southold, Suffolk County, New York. DEADMEN PROP. 6" X 20'X 6~'HW +3.1' e, AO<F{mi ALW O" 10' PROP. BOTTOM AI.W IApplicant: Thomas Dowling Location: 1200 Broadwaters Rd, Cutchogue Purpose: Bulkhead recon/float and walkway Datum: Apparent Low Water 5.C.T.M.NO. 1000-104-09-03 LOCUS: 41o00'43" 72o27'15" DKR SHORES INC, P.O. BOX 488 21 Feb '13 HAMPTON BAYS, N.Y. li946 SHEET 3 OF 5 Applicant proposes to remove porUa'~s of exisaaj dilapidal~l Umbe~s, to recon, in place 189' bulld~ead utilizing vinyl sJ-~athing, to dredge area 10' off [~alkhead to a dep~ of -4' ALW, uUlize resultant spoil approx. 75 c.y. as backfill, to reconstruct a 39' return, reconstruct 11' return, reconstruct 3'x 40' timber walk in place with untreated lumber, to inst~ll a cantilevered 4'x 6 'plalform, 3'x 12' ramp and 6'x 20' float secured by (3) 10= piles. At Broadwater Cove, Cutchogue, Town of Southold, Suffolk County, New York. PROP. 10' x 20' ~ce AHW +3.1' 18'X2'X6' FOLLOWER 20' X 6'X6'WHALERS ALW 0' EX.BOI -2.4' PROP.BOTrOM PROP. 2' X 14' VZNYL SERtES 425 SHEATHING SCALE 1/4'= 1' Applicant: Thomas Dowling Location: 1200 Broadwaters Rd, Cutchogue Purpose: Bulkhead recon/float and walkway Datum: Apparent Low Water S.C.T.M.NO. 1000-104-09-03 LOCUS: 41°00'43'' 72°27'15'' DER. SHORES [NC, P.O. BOX 488 21 Feb '13 HAMPTON BAYS, N.Y. z1946 SHEET 4 OF 5 Applicant proposes to remove portions of e~dsting clilapidatsd Umbens, to recon, in place 189' bulkhead utilizing vinyl sheathing, to dredge area 10' off bulkhead to a dep~ of -4' ALW, uUll~e resultant spoil approx. 75 c.y. as backfill, to reconstruc~ a 39' return, reconstruct 11' ~*~:urn, reconstn~: 3'x 40' timber walk in place with unb'eated lumber, to instil a cantgevered 4'x 6 'platform,, 3'x 12' ramp and 6'x 20' float secured by (3) 10' i~les. AL a~oadv~a~ Cove, Cutc~ogue, Town of Soul,old, Suffolk County, New Ymk. PROP, 3' x 40' WALKWAY Applicant: Thomas Dowling Location: 1200 Broadwaters Rd, Cutchogue Purpose: Bulkhead recon/float and walkway Datum: Apparent Low Water S.C.T.M.NO. 1000-104-09-03 LOCUS: 41o00'43" 72°27'15'' DKR SHORES INC, P.O. BOX 488 21 Feb '13 HAMPTON BAYS, N.Y. 11946 SHEET 5 OF 5 REsiDENCE EXISTING NORTH POND ROAD ]~ ~,, applicant: Thomas Dowling Location: 1200 Broadwaters Rd, Cutchogue '/r Purpose: Bulkhead recon/float and walkway Datum: Apparent Low Water S.C.T.M.NO. 1000-104-09-03 LOCUS: 41°00'43" 72°27'1~" DKR SHOP, F~ [NC, P.O. BO)[ 488 21 Feb '13 HAMPTON BAYS, N.Y. ~946 SHEET l OF 5 & EX. 3'X 40' TIMBEF WALKWAY ~.~ EX, TIMBER BULKHEAD 11' TIMBER WALL Applicant proposes to remove portions of existing dilapidated timbers, to mcon. In place 189' bulkhead utilizing vinyl sheathing, to dredge area 10' off bulkhead to a depth of -4' ALW, utilize resultant spoil approx. 75 c.y. as backfilL to reconstruct a 39' return, reconstruct 11' return, reconstruct 3'x 40' timber walk In place with untreated lumber, to Install a cantilevered 4'x 6 'platform, 3'x 12' ramp and 6'x 20' float secured by (3) 10" piles. At Broadwater Cove, Cutchogue, Town of Southold, Suffolk County, New York. IV SCALE 1"= 40' PROPOSED RESIDENCE / // Applicant: Thomas Dowling Location: 1200 Broadwatera Rd, Cutchogue Purpose: Bulkhead recon/float and walkway Datum: Apparent Low Water S.C.T.M.NO. 1000-104-09-03 LOCUS: 41°Q0'43'' 72°27'15'' DKR SHORES INC, P.O. BOX 488 21 Feb '13 HAMPTON BAYS, N.Y. 11946 SHEET 2 OF ~ area phragmites ['x'~AC-C~HARIS / Upland / area tim ~, wiTH VINYL *see sheet 3 of 5 SEReCON.~N ~°~ 0 VINYL ~/, ~ ,, ~ c/ +, *see sheet 5 of 5 , ~ ~ I '~/ prop. stone up~and '! { )EX. 3'X 40' ., · 11' RETURN TO ,~, ~ walkway path area& HM ~' ~'~--\. \ .~/ ',[~:.//JTIMBERwALKWAY to ~/ BE RECON. WITH BACCHARI$ '~_ __~_.. be recon, in VINYL (no fill prop. play ,~/ In this area) \ IM~ *see sheet 4 of 5 Applicant proposes to remove portions of existing dilapidated timbers, to recon, in place 189' bulkhead utilizing vinyl sheathing, to dredge area 10' off bulkhead to a depth of-4' ALW, utilize resultant spoil approx. 75 c.y. as backfill, to reconstruct a 39' return, reconstruct 11' return, reconstruct 3'x 40' timber walk in place with untreated lumber, to install a cantilevered 4'x 6 'platform, 3'x 12' ramp and 6'x 20' float secured by (3) 10" piles. At Broadwater Cove, Cutchogue, Town of Southold, Suffolk County, New York. SCALE 1"= 30'