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Home My WebLink About1000-114.-12-13.6 OFFICE LOCATION: Town Hall 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 FRED YOUNG SCTM#1000-114-12-13.6 Patricia C. Moore, Esq. on behalf of FRED YOUNG requests a Wetland Permit for pedestrian access and kayak launch, 4'x245' Iow-profile catwalk with open deck, 2' above grade with kayak rails/braces at 4'x14' open deck platform with steps down to creek; and hardwood piles 10' on center: Located: 780 Ole Jule Lane, Mattituck. SCTM# 114-12-13.6 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 below Policy Standards and therefore is INCONSISTENT with the LWRP. By definition the proposed action is not a catwalk which is defined as "An elevated walkway, usually built to gain access to a commercial or residential dock, built at a fixed height above grade and which is constructed landward of the high-water mark", The structure is better defined as a "dock" which states: "DOCK - Any permanent or seasonal structure, except a buildinq, located or proposed to be located on lands abutting or comprised of freshwater or tidal wetlands or connected to a bulkhead or the upland and extendinq over the water's surface, desiqned to secure vessels and provide access from the shore to a body of water. For the purpose of this chapter, this term shall also include the associated structures necessary to cross wetlands and adjacent natural areas. The term "dock" includes the terms "wharves," "piers," "fixed docks," "docks," or '11oats." The action does not meet the below policy. 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. § 275-11. Construction and operation standards. (2) Docks. C. In water. The following standards are required for all in-water operations adjacent to residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water-dependent nature of their use. (b) Dock locations and lengths. [3] Prohibited locations and activities. [a] No new docks will be permitted over vegetated wetlands or such that it causes habitat fragmentation of vegetated wetlands in the following areas: Downs Creek, Hallocks Bay, Hashamomuck Creek and Pond, Long Creek (branch of Mattituck Creek, East of Grand Avenue bridge), Pipe's Cove Creek and West Creek. The dock is proposed over a large vegetated marine wetland (tidal marsh). 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 Tg,wn of Southold 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 Water~ont 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" 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~ iistinl~ both supporting and non- smmorfin~ 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 website (southoldtown.northfork.net), the Board of Trustees Office, 1 local libraries and the Town Clerk's office. SCTM# //~// PROJECT NAME DESCRIPTION OF SITE AND PROPOSED ACTION /z .- $outhold Town B~ard ~f Trustees (c) Permit, approval, license, certification: Nature and extent of action: ! The Appli~fi°n has been sTbmi"~ t° (check appropriate ~s'me): Town Board ~ Plannmg Boa~ ~ Bufl~g Dept. l. Catego~ of To~ of Sou~old agency ~fion (ch~k appmpfiate'res~nse): (a) Action ~de~en ~cfly by Tom agency (e.g. mm~o~ pl~g acrid,, agen~ ~afio~ l~d ~a~on) ~) F~ci~ ~ismce (e.g. ~ !o~, ~bsidy) Location of action: Site acreage: Present land use: Present zoning classification: /~- ~Zo If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: ~ ~/~o, .o~r (b) Mailing address: 7c~"0 (c) Telephone number: Area Code (d) Application number, if any: Will the action be dL, ectly 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 [] Not Applicable Attach additional sheets if necessary 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 Aaach additional sheets if necessary Policy 3.- Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - Policies pages 6 through 7 for evaluation criteria F~ Yes [] No N 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 HI - Policies Pages 8 through 16 for evaluation criteria ~r] 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 F-] No !~Not Applicable At~ach 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 IH - 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 South°Id. See LWRP Section IH - 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 III - Policies; Pages 34 through 38 for evaluation criteria. Yes [] No [~J 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. N Ye? No ~ Not Applicable Attach additional sheets if necessary ~W,0.1~I, NG 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. C] Yes No Not Applieahle 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 IH - 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 At~ach additional sheets.if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. N Yes ~ No [] Not Applicable PREPARED BY~~-~ TITLE DATE ~ Proposed "Low Profile" Walk · 4' x 245' (open Deck) 2'.ebv. gr. ~ hardwood pi es 10' oc , Deck) 1000-114-12-1~'.~ Hot~e # Ole ..hie Lcme SECTION 4' X 14' Platform (Open Deck) Proposed "Low Profile" Walk 4' x 245' (Open Deck) 2' abv. gr. hardwood piles 10' oc PLAN Applicant: Fred Young Surveyed: 10-21-12 SCT#1000-114-12-13.6 Town: Southold Suffolk County, NY Datum: M L L W ,50' Aquebogue NYl1931 ROBERT H. FOX NYS PLS# 50197