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HomeMy WebLinkAbout1000-76.-3-22.1 L.~ OFFICE LOCATION: O~~QF SOUly~ MAILING ADDRESS: Town Hall Annex ~ ~ P.O. Box 1179 54375 State Route 25 #f * Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) H ~ Southold, NY 11971 ~ ~ Telephone: 631 76b-1938 ~ Fax: 631765-3136 ~~'~OOUNf(,~ 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: July 10, 2013 Re: LWRP Coastal Consistency Review for KEVIN KELLY SCTM# 1000-76-3-22.1 KEVIN KELLY requests a Wetland Permit for the existing 34"x8' fixed catwalk with a handrail and to repair it by replacing the decking with thru-flow planks; replace the existing ramp with a 32"x10' aluminum ramp with handrails; replace the existing floating dock with a 4'6"x16'4" floating dock with three (3) 28" high posts on seaward side; float to be secured by two (2) existing 3"diameter aluminum pole pilings; and remove a dead double oak tree. Located: 730 Smith Drive South, Southold. SCTM# 76-3-22.1 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 CONSISTENT with the LWRP provided the Board requires the following: 1. The establishment of anon-disturbed buffer (minimum 15' in width) landward of the wetland. 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 ~ U L 5 20 i 3 1. All applicants for permits* including Town of Southold agencies, shaU,..~szmglete 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. 2. Before answering the quesflons in Section C, the prepazer of this form should review the exempt minor action list, policies and explanafions of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated. as to its sieni&cant bene&cial and adverse effects upon the coastal area (which includes all of Southold Townl. ~ 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 mast be explained in detail. llsfine both suuAOrtine and non- supportinefacts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. g p I A copy of the LWRP is available in the following places: a will oc~ho website (southoldtown.northfork.net), the Board of Trust ce, the Plannmg Dep . nt, all local librazies and the Town Clerk's office. JUN 2 Q 2013 ~I B. DESCRIPTION OF SITE AND PROPOSED ACTION Southold Town SCTM# ~ ~ o ~ - ~ - j a~. r it steei__ PROJECT NAME 2Ep~cE'~~ ~~;<N IN ~J'~~CANE 5~~4 W17t-l (~~1N)~F~D UCC~ ~ I The Application has been submitted to (check appropriate response):. II Town Board ? Planning Board ? Building Dept. ? Board of Trustees fL~l 1. Category of Town of Southold agency action (check appropriate'response): (a) Action undertaken directly by Town agency (e.g. capital ? wnsttuction, planning activity, agency regulation, land transaction) ? i!- (b) Financial assistance (e.g, grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: I i ~t-~ASr SEE• N'TTACkfEa 'D~'sc2rFTl6N i. Project Description for Kevin Kelly, 730 Smith Drive South, Dock Permit application This project is to replace a floating dock on my property (730 Smith Drive South, Southold, NY) that pre-dated Southold dock permitting. The dock was dislodged and broken in Hurricane Sandy. The replacement structure will be smaller than the original (which was 5' (flive feet) long by 18' (eighteen feet) wide, is seen as seen in the attached property survey and in the attached Google Maps satellite image. The new floating dock will be 4' 6" (four feet, six inches) long and 16' 4" (sixteen feet, four inches) wide. The floating dock will be a wooden frame, made of 2x6 lumber (not pressure treated) which will be covered by 1x5 wood planks (not pressure treated). The frame will be built over and attached to 4 (4) PermaFloat (polyethylene shell with polystyrene fill) floats, each measuring 3' 11" (three feet, eleven inches), by 3' 11" (three feet, eleven inches), and a height of 12" (twelve inches). The seaward side of the wooden frame will have three wooden posts that rise 28" (twenty-eight inches) from the deck planks of the dock, to assist with embarking and disembarking from kayaks. The plans for the floating dock are enclosed. The floater will be attached to the 2 (two) existin aluminum pole pilings of 3" (three inches) diameter, in a private channel of Goose Creek. The dock will be accessed by the existin catwalk on my property, shown on the survey, Google Map satellite image and the enclosed photographs) which is 8' (eight feet) long by 34" (thirty-four inches) wide. The walkway has a single wooden handrail that is 34" (thirty-four inches) above the wood planks of the catwalk. The walkway stands approximately 1' (one foot) above the surrounding lawn and bush border of the canal. A diagram of the existing walkway is enclosed and it can be seen in the attached photograph, site survey, and Google satellite image. As part of the project, the planks on the existing walkway would be replaced with 24 (twenty-four) new, Thru Flow planks of dimensions 34" inches (thirty-four inches) by 4"(four inches) by 1" (one inch) each. Also, the previous wooden gangway, which connected the catwalk to the floating dock, would be replaced with a new AccuDock aluminum gangway of dimensions 30' (ten feet) long by 32" (thirty-two) inches wide. The gangway would have aluminum handrails that are 35 5/g" (thirty-five and five-eights inch) above the aluminum planks of the gangway. The manufacturer's plans of the gangway are enclosed. As seen in the Google Map photographs enclosed, the previous dock, catwalk, were gangway are smaller than similar structures on other properties along the same Goose Creek channel and did not interfere with navigation. (The proposed dock will be slightly smaller than the previous one.) As part of the application, i am also requesting permission to remove a double oak tree that recently died, after the Hurricane Sandy flood. It is located about 30' (thirty feet) from the canal bank on the northeast border of my property. This tree is tall enough to cause damage or injury when it decays and falls. A photo of the tree (next to a live oak tree that would remain) is shown in an attached photograph. Location of action: ~ 3 O SM ~ i f4- ~ 1 \1 ~ S~~ 97"f-~ Joc~-7-c-~ ~ ~b N~ (l ~i ~ / Site acreage: y~t'~" Present land use: O,;~G ~'A r~ l `)w ~ t? L ~ ry C~ Present zoning classification: I'D.^I--I-i-r ~ 2. If an application. for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: r/~ (a) Name of applicant: 11C~ r ~ G«LC,`f (b) Mailing address: ~ ~ U S"a'~' l T~ ~2 , So~-f i~ S~v i r-fUC_L 4 ~ ~ ~ ~ ~ (c) Telephone number: Area Code ( ) (a~ E ~3 ~ ~ ~ G (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, whic ate r federal agency? ~E 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 auswers 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 Z for evaluation criteria. ®Yes ~ No ~ Not Applicable 'PQ\UC12~, 'moo GL~ CprJS [S~£N'T WIT I-t 6Tf-~E~-S i r~ N~IGc-1't3oFLt--Eooi'~ (-I-(F '~9'caSGb 'AxX Is SmM-t.E2- 4'NA*~ cSrtJf[~.S or> SFWtE -SEc'noN of CYX~SC. CRCEK AN`A CA7c~AcY tS tJA¢fo~~ (-lup Nor tc~-+ct~ -st/AN r.~eEoeD -ro AccE"rs yocr I. i Attach additional sheets if necessary i Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWIZP Section III =Policies Pages 3 through 6 for evaluation criteria ~ ? Yes ? No IC--I. NOt Applicable j I j Attach additional sheets if necessary it Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Secfion III -Policies Pages 6 through 7 for evaluation criteria ? Yes ? No ~ Not Applicable i I Attach additional sheets if necessary NATURAL COAST POLICIES II Policy 4. 1Vlinimize 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 I i 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 evaluafion criteria ? Yes ? No Not Applicable I~ II 4 i Attach additional sheets if necessary i 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. ~ ? ? ~ ArP~`~cabf e 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 ? 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 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. nn ? Ye9-~ No ~ Not Applicable 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 III -Policies; Pages 47 through 56 for evaluation criteria. ? Yes ? No ~ Not Applicable 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 evaluatiou criteria. ? Yes ? No~Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of Eiving marine resources in Long Island Sound, the Pecoruc Estuary and Town waters. See LWRP Section IIT -Policies; Pages 57 through 62 for evaluation criteria. j ? Yes ? No Not Applicable Attach additional sheets if necessary j Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III -Policies; Pages 62 through b5 for evaluation criteria. ? Yes ? No Not Applicable I Attach additional sheets if necessary i 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 If.: I i i u~rJr Z PREPARED BY L1~~/I ~ 11~~ LEI TTTLE ~ DATE ~ j i Ir-~~"~Ir` ~ ~~bGt[ fEB.w11T f~P AEI Yi'LTI UtiJ y%';f~ .¢.L ~^n~ rt„'~ 7'lYr,~:; ~f r 1 ~ r~r.. v~ 4 I `TS. t f ~..rry....w..wygl.~wl~'~rrwrrwT~••~... ...M+~1l~hT+Vn.N!iAM_ ..~rvw Ry~R41R•r'l~•1(T•w^ rYR y'..~ _ Vl p.~ p',~ r ~~a .'b ECEIV~ ~L ~ 1: D c,;$4;~~ ~,T R56 ~ JUN 2 Q X2013 ` t: i thol opn I. I 1 f G f r rfy, yob. r ~ i .9tURVEYsk°A»?" 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[.i-..~ Mara , t x=. "PC7r~s 6:: a f s ~ Z I i I I C~L~AFB ~2" ~la~~ 91~ ~ 29 1/~"' D~ ~ 6 i 35 5/8 REF ---IIVSIDE CLEAR INIGTH--- SEE NOTE I 14 I/2 `t~' i 8" x Z' Rubber on Aluminum Wheel IG_ P," x 2" Rubber on Aluminum Wheel FRANIEWIDTH SEE NOTE ~7~~.~ O~l7~DID1~ ~u~9n ~d~~ CAD . A MAY.. OUTSIDE WIDTH / SGG NOTE I METALL@C LADDEV~ ME=G. CORP. ~ ITEM NnME: RAMP MAX WIDTH cuSTOMER: Pde[allic Ladder Mfg. Corp. SIZE REV DWG RY APPHOV ED ITEM NUMBER DATE Q Tera _ ARMP-MW a/z~/zoi a MATERIAL. SHEET 1 OF l 4 v 2 1 R~~k' {r~t~~ 1 -'D~A4.ar~ r~r= EJet~i"'r0..?.~_,C?.tT~a.ik'w;G. I~~vinl ~e.~cl - ~acse PEe~tit APb'~~FaTronl Fpl~ uiuiW.Z.vO' 'S(tQ,~ ~ FL.J4J uqW ILs Toi' `(~„EvJ„ I w. 1'as+~ `'~N(Gl F.rnJ~?:1~, i-~~, ~G. ~'?J^cTa ~'ic+=s.<,;, r', SI'D~ ~t~~-"~~ a ~ rr ii Iy++ 1 5 Taw,f,,,~,~T. ,a~~ i<y / ~ woo~p C` ~hr{ VJ~\ S l a- 16 P,~ ~ a4rr t I Kevin Kelly 730 Smith Drive South Southold, NY 11971 June 19, 2013 Mr. James F. King, President n ~ ~ ~ ~ ®9 ~ D Board of Town Trustees IIuLnJu}J Y D Town of Southold Town Hall Annex JUN 2 0 2013 54375 Main Road Southold, NY. 11971-0950 uthod own Dear Mr. King: I am enclosing an application for a permit to replace a dock on my property on Goose Creek that was lost in Hurricane Sandy, with a smaller dock. The old dock was present at the time I bought the property over twenty-two years ago and pre-dates the Town permitting process. The aluminum pole pilings and an 8' catwalk remain, which I would propose to reuse, but replace the wood planks on the catwalk with a Thru-Flow planks. I would also replace the previous wooden gangway with a new, narrower aluminum gangway. I am also requesting permission to remove a dead oak tree, located about 30 feet from the canal bank, which died after the Hurricane Sandy flood. As the tree was tall, I would like to remove it so it does not rot, fall and cause potential harm or damage. At the suggestion of the staff of your office, I have reviewed Title 275.11.B(2), the Construction and Operation Standards for Residential Docks in the Wetlands Law of the Town of Southold. For your convenience, I have described below how I have tried to demonstrate in my application that each of the Construction and Operation Standards for Residential Docks is addressed: (a)[1] -Other than the floating dock itself, which was washed up and broken in the storm, no part of the existing structure was altered or removed. The poles which held the dock and the catwalk are still in place. The gangway, which I propose to replace, is in storage on a place in my property that is not on the wetlands. (a)[2] -The plans for the new floating dock and new gangway are enclosed and include sturdy and durable materials (non-pressure treated lumber, plastic floats, and aluminum gangway). (a)[3] -All wood used in the dock will be above the water line and are proposed to be made of non- pressure treated lumber. I also propose to replace the planks on the existing catwalk with non-pressure treated lumber. (a)[4] -The surfaces of the existing catwalk, new gangway, and new dock will be new and safe for pedestrians. (a?[S] -As demonstrated on the enclosed survey, the location of the pre-existing dock, where the new dock would be placed, is more than 15 feet from the adjacent land property lines. It is adjacent to the private canal bottom and the dock float would extend past the property line. A statement from the canal bottom property owner, Mr. Thomas O'Neill, giving permission for me to install the dock in this location, is enclosed. It would not interfere with navigation given the 50' (fifty foot) width of the canal. (a)[6] -The new dock is not yet constructed, but will have the address permanently affixed, as required. (a)[7] - As demonstrated on the enclosed plans, there will be no permanent structures attached to the dock. (a)(8] - As demonstrated on the enclosed survey, the property is not at the end of a right-of-way or commonly held land. (a)[9] -As demonstrated on the enclose plans, the dock will not prevent passing on the landward side of the dock. (a)[ll] -The dock and gangway will not be replaced nor the existing catwalk modified until the permit being sought by this application is approved and approval of the NYS Department of Environmental Conservation is obtained. (a)[12] - No personal watercraft floats will be added to the dock. (a)[13] -Utilities or water will be installed on the dock. (b)[1] -The dock will not navigation as it is smaller than the previous dock and smaller than other active private docks on the same section of the Goose Creek channel. There are no fisheries in the area and its appearance would be similar to other docks in the area. It has been designed to be as small as possible so as to not adversely impact the habitat of the wetland area. (b)[2] -As demonstrated on the attached page with a Google Map image and scale, Goose Creek is about 35 feet wide at the point where the previous dock existed and where the new one would be placed. The proposed dock is only four feet wide and would not exceed 1/3 of the creek width. It will intrude on the channel width less than surround docks on the same channel. (b)[3][a] -The proposed dock will not cause habitat fragmentation and is not located on the designated vegetated wetlands. (b)(3][b] - No machine excavation is proposed in the application. (b)[3][c] -As demonstrated in the enclosed plans, no fences under the dock are proposed. (b)[3][d] - No portion of the floating dock or dock components will be stared in the tidal wetlands at any time. (c)[1][a] -Only one catwalk is proposed and there is no mooring. (c)[1][b][i] -As shown on the enclosed plans, the proposed dock is 4.5 feet long (shore to sea direction) and 16.5 feet wide, which is significantly smaller than the maximum allowed size in both directions. (c)[1][b][ii] -As shown on the enclosed site map, the floating dock is in a minimum of 3 feet of water at the median low tide. As the dock floats would not submerge more than 6 inches, it would not contact the bottom in a normal low tide. (c)[1][c] - As shown in the enclosed GoogleMap photo the proposed dock is consist with or smaller than other new docks in the same channel of Goose Creek. (c)[i][d] -As shown in the attached project cross section plan, the existing pilings, which it is proposed to keep, will not project more than three feet above the surface of the dock. (c)[3][e] -The existing aluminum pole pilings are proposed to remain, so new ones will not be installed and excess fill will not be generated. (c)[1][f] -The proposed dock does not have tie-off poles. (c)[1][g] -There are no handrails on the proposed dock. Three posts, for use in exiting kayaks at the dock are proposed: they are less than three feet in height from the deck and are placed over 6 feet apart. As shown in the proposed plans, handrails on the existing catwalk and proposed gangway are less than three feet above their respective decks. (c)[1][h] -As shown in the attached plans, the existing catwalk is 34 inches wide and the proposed gangway ramp is 32 inches wide (both less than four feet (48 inches) wide). (c)[1][i] -The proposed project does not include a boat lift. Also, for your consideration, the following Attachments are provided to support this application: A. Schedule of Proposed Activities. B. Survey of the property. C. Site plan top view. D. Site plan cross section view, showing elevations, tides, and water depths. E. 2 current photos of site. F. 2 GoogleMap Satellite Images of Site in early 2012, showing location of property and relative size of catwalk and previous dock to others on nearby properties and to width of creek. G. Detailed plan of proposed dock (top and side view). H. Detailed, Manufacturer's plans of proposed gangway ramp. I. Drawing of existing catwalk (top and side view). J. Photo of a dead oak tree located on my property, about 30 feet from the canal bank, which I am requesting permission to remove. K. As a portion of the proposed dock will float on a private canal adjacent to my property, I have included a statement from the owner of the adjacent canal bottom, Mr. Thomas O'Neill, giving permission for the gangway and dock to be placed overlapping his property. I thank you for your consideration of this matter. Please do not hesitate to contact me if you need additional information. My cell phone is 631.431.1307. Yours truly, Kevin Relly "L( - _ _ . ~ N d ~ e ~ _ ' ny i, ~ Pl ,p I .'o„ _'___"__'___f_ ~ ~ D - _ H / I ~9M` L M f / ~ ~ ~ ~ tee` e~ ~ ~ n . ff ~ ~ " s ~ ~ ~ / 4 a ^ N~ / ? O a a~' r~.d'~. ' ~ r ° F ~ ff - a a ~ .,a ^ ^~i ~ q a' hit ? r_ ~iM j. a.. a/_ ~-may. n T _ a _ ~ N~'., ~ ai u.N a' .^.a •.a~ ~ .b r a Rp a ~ b a pn ~ _ ~ ~ RlN Pmperty TU Serviulpxcy ~ /\/V/'y/ y v - y a.,.... - - .....~...ee.s.. COUNTY OF SUFFOLK © [ ~ /1 ~w 1_ eweE~nrv uar Attachment E - 2 Current Photos of Site Kevin Kelly -Dock Permit Application Note: Water was calm. Sky, vegetation, and piling poles are reflecting off surface of creek in photos. ,t - _ - _ - ~r. ~ - f '7 ~ .Nw wBr t ¢ - ~f'~~ r 3 ~ w ~ . T ~r a _ i- 1,4 .xg r - a ~r # Photo taken on property from bank of Goose Creek, facing East by Southeast, showing existing wooden catwalk and both existing aluminum piling poles - t~ ~ `~~ti *C _ r ira_ . ~ ; ai .6' - . I ~ -3 - = v - 4 `a_ f li X411 Zt~r~ ~ yM 1.M1 h ' f 5 Y ~ st a# "~~~~jt~ ,;,'4wF, ~T ~A`~t~ry~'j,~~ 4~ f;~ ~ Ih y ~ e 1 tag Y 3C•,~\ ; ~ ~ Ag~a1'lr ,y ~ ~t ` Photo taken from kayak on Goose Creek, facing West by Northwest, showing an existing aluminum piling pole, existing wooden catwalk and dock on neighboring property. Kevin Kelly -Dock Permit Application Attachment F 2 Goo~leMap Satellite Images of Site in early 2012 showins location of property and relative size of catwalk and previous dock compared to other docks on nearby pro erties and to width of creek. l#~.t~~ ~ may.. ~ k _ s ~ . qT. i• _ M ~ '~w~R'~'Y' ' i ~i". yeti ~~i!r' ~j-rg ~ ~ ~ t~4 ~ IRS; r ~ -i- ~ ~ ~ h4lS 3~ A a ~ lilt ~ ~ t. ~ ~ ( 1 Y - Satellite Image of 730 Smith Drive South Property showting location relative to cross streets. Single family dwelling immediately to the left of "A" label point. Previous dock and existing catwalk to the sight and jus[ below "A" label point 'rte. T` + • ~ ~3~ "fit [f' Y~ s~~.' 'Y ~Sd -b 'M - - ~ r ~ ~ ~ , ~ ~ x l°! E.~i .t R~ Y a - ~ Enlargement of Google Map image in area of site plan, with catwalk and previous dock to right and just below "A" label point - Relative size of dock, compared to width of Goose Creek channel and to size of dock on adjacent property, is apparent. Note: Proposed dock is 1 foot shorter (shore to canal) and 2 feet narrower than previous dock shown in these images, Kevin Kelly -Dock Permit Application Attachment J -Photos of a dead double oak tree located on my property, which I am requesting permission to remove Note: Oak tree extending into picture from left (overlapping dead tree) would remain lit , i ~ f r ~ - ~ ~ 1` L T t ~ f ~ f ,'.q ~ C~'' • JA rr ~ti ,•w~ i. ~ ~t-.fir ~ y~: ~ ' . C ~ r r~: ; ~~S•r Y,.., { `i .'r d - 1i c F A, ~ J. r _ _ _ _ _ _ _ _ _ _