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HomeMy WebLinkAbout1000-51.-6-32Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM 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 Coas'tal 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", 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 more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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 website (southoldtown.northfork.net), the Board of Trus local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION 51 6 32 SCTM# The Application has been submitted to (check appropriate response): Town Board MAR 2 9 2013 Southold Town Board of Trustees nt, all Planning Dept. ~] Building Dept. ~] Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) APR - 42013 (c) Permit, approval, license, certification: Nature and extent of action: Exte~d previ~s~y appr~ved d~ck structure 6 feet t~ all~w the fixed d~ck t~ extend t~ the ~w water mar~ This configuration will correspond to the dock permitted by the NYSDEC. Location of action: 1695 MILL CREEK DRIVE, SOUTHOLD Site acreage: 0.436 ACRES Present land use: SINGLE FAMILY RESIDENCE Present zoning classification: R-40 RESIDENTIAL LOW DENSITY AA 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: PHYLLIS SOUSA (b) Mailing address: 162-01 POWELLS COVE BLVD., BEECHHURST, NY 11357 (c) Telephone number: Area Code ( ) 718.747.3717 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [7] No [--] If yes, which state or federal agency? NYSDEC, NYSDOS, ACOE 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 The project slte had previously had a similar dock structure to what we are proposing. The dock is relatively small and consistent with neighboring docks. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section Ill - Policies Pages 3 through 6 for evaluation criteria [~ Yes ~] No [~ Not Applicable This property has no significant historic resources. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section I11 - Policies Pages 6 through 7 for evaluation criteria [-'-] Yes ~-~ No ~] Not Applicable Our proposal will not have any significant effect on the visual quali~y or scenic resources throughout the Town of SoutholcL AUach additional sheets ir'necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section Ill - Policies Pages 8 through 16 for evaluation criteria ['--] Yes [~ No ~'] Not Applicable Our project will not influence the flooding or erosion in the area. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section lIl - Policies Pages 16 through 21 for evaluation criteria [~] Yes [~ No [-~Not Applicable The proposal will not have any impact on the water quality or supply of the Town of Southold. Attach additional sheets it' 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 Ill - Policies; Pages 22 through 32 for evaluation criteria. ~ Yes [~No[~ Not applicable This proposal will have minimal impact on the Town of Southold's ecosystem during the initial construction. Once construction is complete the area with re-establish itself immediately. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. Sec LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~] Yes [~]No['~-] Not Applicable This proposal will not have any impact on the air quality of the Town of Southold. 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 ~-] Not Applicable This proposal will not degrade the environment with solid waste or hazardous substances. 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. ~ Y e,~-'~ No[~ Not Applicable Our proposal will not limit the public's ability to access coastal waters, public lands or public resources of the Town of Southold. The proposed is 6ft long than the previously permitted and previously constructed structure. The additional 6fi to ensure that the floating dock will not rest on bottom during low tides. The overall size of the dock is still small and reasonable and consistent with the surrounding area. Attach 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 Ill - Policies; Pages 47 through 56 for evaluation criteria. [~]Yes ~] No ~ Not Applicable The previously existing dock structure was in disrepair. The property owner removed the structure not realizing that negates the Grandfather permiL The property owner would like to reconstruct the dock structure so that her family can continue to use the property to engage in water-dependent activities such as fishing and swimming. These activities will continue at the site once construction is complete. At~ach 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 llI- Policies; Pages 57 through 62 for evaluation criteria. ~Yes ~ No~-] Not Applicable here should be no significant effects on the living marine resources. We will adhere to all Best Management Practices to ensure that the project is not staged, construction materials and equipment will be stored upland and all debris will be contained so ensure it does not enter the waterway. The construction of the dock will take a few days and any underwater lands disturbed during construction will immediately re-establish itself. A~tach 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 This proposal will have no impact on the agricultural lands in the Town of Southold. A6ach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section 111 - Policies; Pages 65 through 68 for evaluation criteria. Yes N No ~ Not Applicable This proposal has no influence on the development of energy or mineral resources. Created on 5/25/05 11.'20 AM 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 Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator OCT 20 Z ti Scu~hh~!d Ba~r~ of Tr~,stees Date: September 19, 2012 Re~ Proposed Wetland Permit for PHYLLIS SOUSA SCTM#1000-51-6-32 Costello Marine Contracting Corp. on behalf of PHYLLIS SOUSA requests a Wetland Permit to remove the existing 5'x16' seasonal floating dock, 3'4"x16'4" wooden ramp and existing 4'x16' fixed catwalk; construct new 4'x16' fixed catwalk in-place; replace existing decking on wooden ramp win untreated decking; install handrails on ramp and reinstall onto a new 6'x20' seasonal floating dock secured by two 8" diameter anchor pilings. Located: 1695 Mill Creek Drive, Southold. SCTM# 51-6-32 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: 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 structures were under construction without a permit pursuant to Chapter 275 Wetlands and Shorelines of the Southold Town Code. Additionally, if the action is approved and to further Policy 4.2 Protect and restore natural protective features and Policy 6; it is recommended that natural vegetated buffer incorporating existing vegetation landward of the top of bank be required. An example definition follows: NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted vegetation shall be (ninety) 90 percent for a period of three (3) years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path constructed of pervious material for access to the water-body. '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 BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7928 DATE: OCTOBER 17~ 2012 ISSUED TO: PHYLLIS SOUSA PROPERTY ADDRESS: 1695 MILL CREEK DRIVE~ SOUTHOLD SCTM9 51-6-32 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trus~es adopted at the meeting held on October 17, 2012, and in consideration of application fee in the sum of $500.00 paid by Costello Marine Contracting Corp. and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to remove the existing 5'x16' seasonal floating dock, 3'4"x16'4" wooden ramp and existing 4'x16' fixed catwalk; construct new 4'~16' fixed catwalk in- place; replace existing decking on wooden ramp with untreated decking; install handrails on ramp and reinstall onto a new 6'x20' seasonal floating dock secured by two 8" diameter anchor pilings; with the condition of establishing and subsequently maintaining a non-turf buffer from top of bank to water; and as depicted onthe site plan preparedby Costelio Marine Contracting Corp., last dhted July 23, 2012, and stamped approved on October 17, 2012. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. ~EC~V5 MAR 2 5 2013 Southold Town I~ard of Trustees ./ ./ I ~d -I-