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HomeMy WebLinkAbout1000-103.-13-6 L OFFICE LOCATION: V SU(/ly0 MAILING ADDRESS: Town Hall Annex l y P.O. Box 1179 54375 State Route 25 4 ? Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) CA, Southold, NY 11971 G~ i~ Telephone: 631 765-1938 Fax: 631 765-3136 eoU 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: October 16, 2013 Re: LWRP Coastal Consistency Review for ROBERT & KATHLEEN LAWRENCE SCTM#1000-103-13-6 A Wetlands Permit for the existing dock was not found. En-Consultants on behalf of ROBERT & KATHLEEN LAWRENCE request a Wetland Permit to remove existing +/-4'x62' fixed timber dock and construct in its place a 4'x82' fixed timber dock with 4'x8' stairs at its seaward end. Located: 800 West Creek Avenue, Cutchogue. SCTM# 103-13-6 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 actions are CONSISTENT with the LWRP provided that the following is considered to further the below policies. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. 6.1 Protect and restore ecological quality throughout the Town of Southold. 6.2 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. The action is Drooosed to be located within a New York Department of Significant Coastal Fish and Wildlife Habitat area. The expansion of the dock structure may promote power boat traffic and the possible following negative impacts may occur in the shallow water depths of Wickham Creek: 1. Degradation of water quality via bottom scouring and prop dredging. 2. Re-suspension of bottom sediments and turbidity. In the event that the action is approved, it is recommended that the proposed extension be designed to be seasonally removed. Further it is recommended that the use of CCA treated materials in the construction of the structure be minimized. 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 1 A. INSTRUCTIONS I . A I I a p p l i c a n t s f o r p e r m i t s ' i n c l u d i n g T o w n o f S o u t h o l d a g e n c i e s , s h a l l c a m p l e t c t h i s C C A F for proposed actions that are subject to the Town of Southold W aterfront Consistency Review Law. This assessm ent is intended to supplem eni other inform ation used by a Town of Southold agency in m a k in g a d e le r nn in a t i o n o f c o n s i s t e n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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, listine both supportine and non- supporting 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, the Planning Department, all local libraries and the Town Clerk's office. R IV B. DESCRIPTION OF SITE AND PROPOSED ACTION ' SCTM# 103 13 " 6 0 2013 PRO JECT NAME Robert& Kathleen Lawrence a~All., The Application has been submitted to (check appropriate response): Town Board ? Planning Board ? 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) ~0 ' (c) Permit, approval, license, certification: c\® Nature and extent of action: Remove existing storm damaged +/"4' x 62' fixed timber dock and construct in its place a 4'x AT fixed timber dock with 4' x 8' stairs at its seaward end, all as depicted on project plan prepared by En-Consultants, dated Septemb4, 2013. Location of action: 800 West Creek Avenue, Cutchogue Site acreage: 0.58 acre Present land use: Residential, one-family dwelling Present zoning classification: R-40 2. 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: Robert & Kathleen Lawrence (b) Mailing address: 4639 Chapel Hill Drive, Unit 2913 Sarasota, FL 34238 (c) Telephone number: Area Code 941-966-3696 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No El If yes, which state or federal agency?NYS DEC, USACE, NYS DOS 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 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ® Yes ? No ? Not Applicable The replacement and extension of the existing, permitted fixed dock structure will not result in a significant or adverse change to the visual or scenic quality of the site, as the structure will remain generally consistent in size and scope with both the existing and other dock structures that characterize this residentially developed waterfront. 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 ? Not Applicable To the extent that Policy 5 is applicable to the project, the existing dock to be removed is constructed entirely of treated lumber, and the new dock will be constructed with untreated decking, thus resulting in a decrease in the amount of treated timber located over the surface waters and wetlands. 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 As a dock has historically existed at this site for several decades and numerous other dock structures characterize this residentially developed shoreline, the proposed reconstruction and limited extension of the dock to reach at least a foot of water depth at mean lower low tide (so as to maintain the viability of the structure during all regular tidal cycles) will not create any "fragmentation of ecological communities; nor will it result in the physical loss, degradation, or functional loss of ecological components, as the new dock will be placed in the same location as the existing; will be of open-pile construction and elevated above grade of vegetated marsh; and will utilize untreated, open-grate decking, all to allow for the persistence of marsh vegetation beneath it. As such, the project will meet the statutory and regulatory requirements of NYS DEC and Town Code Chapter 275, Wetlands, and will be consistent with Policy 6. 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 E] 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. ® Yes ? No ? Not Applicable The project will in no way impede navigational or other access to or recreational use of the adjacent coastal waters or public lands, and no alongshore pedestrian access exists along the subject shoreline. 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 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 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 PREPARED BY TITLEcoastalManagement Specialist DATE 9/16/13 Amended on 811105 i ih+ + • Zr h + + • ~iMM "s iii h >N ~ + +r L ry r~ ~ ® r~ • P V Y u E$ ' L 9 • r L r " p. , !•~'M1a~ hr ' 4 r~ ~ Ce 9 h i \ \ V' 4 r~'r ~ppvryit y~ h r~ rds ~ • + + `y ~ + a 54 • •q ~ / 7 ~ go i 1 e.np b 5 R 4 I 1r x Ir ~yix. r ! • t s t r ell _ y R I ! it rr• f + ho • ! ! r Q • l~ PmPx / negm p re n s i - - xonw COUNWY SUFFMK © s r aecrwx xo Prop" T. ~ A~ ,--x ~......~.a. e..~, x• ,e 103 oxoremrws ROBERT AND KATHLEEN LAWRENCE, 800 WEST CREEK AVENUE, CUTCHOGUE E C E I V_ ILL" . j .r 4 ~ r r igy~ rY.~.~ f'!' i, _Jhiv eri iIY~: fvel'c '+r o3 ~3h/i~ NIUtIII (4 flrttcu,!;c'(1 44o, :I it, iw TCiilu'.'t"n :and replaced. OM ^ S 'SN'' F Y 1 { v 11p I t`[/ i ~;1e 1 e 3, fi I `l, ipA~A{- ~J . ve i ~I figure 1. Looking east.jrom 4 em C reels at existing stortn 4itimaged dock to be removed and replaced. ROBERT AND KATIMEEA LAWRENCE, 800 WLST CREEK AVENIIF, ('l WHOGFE A~'S.I •~7" ~ ~ v~7 F~ t •'P ',~x ~ r~r:. ~~Ye., GYP ¦tltl - , k, fi •'a'wrr~ n ,,.b 'i ice' w i F Figure 3. Looking north from West Creek at adjacent ducks to north. ` n tJ 1446,- e Figure 4. Looking south %runh 11 ect Creek at adjacent docks to south. Pecomcm B 1 E as ~a Bay Winer: I ll .y~,. StP 2 0 2013 L-1 R A mid : w~ Ito P'B F STONE 91t 'AA% ~ iI DRIVEWAY y 50.)CCT) I 90 / ~ Yg1?R w ~ m 5 5uffdk COJ*4 Foam My 45 PORCH PI I a + 2000' SHED DECK - . _ 2 STY FRM DWELLING A FFL EL 21.3 T, Notes; I, Purpose: Replace aid extend ex. storm danaoed PORCH ( h/Tlcar 5ald4) fixed dock to mahtaln" r~ Improve hlstOrIcally exlstlnq, private, rw'ICOm ercwl 3 water xcesz"dockage STON WALL 2, 17atun. W 3, Support posts"struc, A txnbers to be CCA a - e~ ttot }82' treated; deckrlq to be flberglass-redorced, e or u,~ \ open-crate (Tlru-FIoom or slmda- proolia) c 2 4, Water depths ( referenced to meat lower low water) tratscribed from hydraraphlc survey prepared by o Kemeth M. Wawhk Lad 5u w4N, rLLC, last x 1, - 40, II1r--EX. STONE WALK dated Azp5t 15, 7015 5, Project lx. t : 600 West Creek Averm, e I Cutchw, NY; 5CTM No. 1000-103-13-6 N x W TOP OF in YY1! B9ArK dl o - ~ a m~ ~ 0 1 ~ Y _ g i ~ YLI.M - ~ ~ li o m ~ y~ / \ A LL / ~ ~ • TY r 82 EN-CONSULTANT" PROPOSED 4' x 82' FIXED TIMBER DOCK WITH 4' x 8' 20 \ \ LL 1319 NORTH SEA R^,:..) STEPS CONSTRUCTED D SOUTHAMPTON, NY 119`3 (HURRICANE ANDY) DOCK TO BE REMOVED 4•et - 631-283-6360 WICKHAM CREEK " 15 PROP05Wt7 F109 nOCK M MAGEMENf • EL NV MXTEN5I0N FOR KAtU N AN19 POMPf LAMNCE ON WEST CMEK, CUCCHOGI.E, 5UFFM COUNTY, NY %fff I OF 2 9-6-13 NolI~ E E ~i w,. L. v F i 9 Z N O o-ICI Di EN-CONSULTANTS ' 1319 NORTH SEA ROAD SOUTHAMPTON, W 11968 631.283-6360 0 PPOP05PP F109 POCK MPLACFIvIf;Nf ANP MN51ON FOP KKT LMN ANP ax, - _ T t?OCt?f LAWNC~ ON VVtST CPK, CLMCHO61, SUFFOLK COUNTY, NY %fff 2 OF 2 9-6-13 S.C.T.M. NO. DISTRICT: 1000 SECTION: 103 BLOCK: 13 LOT(S):6 0 'C 13 I o~ V U N C O O CA 09 ~ 2~. C Ifl y fro DRAIN P ELEC. R H LAND N/F .0 OF gtONE DR vp u M FAULKNER N0 ,x l+'-~~ + COO .K CaJ P.. 51.8' z ~5$, ¢ ao 6 10.e 1'i , R wny' ~ a i COVERED c xe PORCH p \ 15 \ A ed ~~14] e Q~MHW %&7 \ 6M y to WALL. ass CFL AR r r r?•~'~ z Z45 +Z r r r r r ..~e y EL 1.1 It a. N 'N. . r r r r ? ~ ^.O NNW HAiK fu~ rd It C .1L &7 ap•~, y i~ r8 2 R • / 6 M6 M LAND N/F OF r r- r Neyye ~9 U, r e ~ph 00 WIPF TLOn WETLANDS BOUNDARY It -1.1 ,r AS DELINEATED W EN-CONSULTANTS 4. -Q mmw JUNE 21, 2013 Q -Id IANDWARO EDGE OF INIERTLD4 MARSH e ID. -1d SEAWARD EDGE OF INTERTLDA YNtSN L a -M ~ Tftw THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL REWSE 08-13-13 LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS LOCATE FLAGOING 06-25-13 AND OR DATA OBTAINED FROM OTHERS. AREA: 25,074.72 SQ.FT. or 0.58 ACRES ELEVATION DATUM: NA w_68 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: KATHLEEN LAWRENCE; MAP OF: FILED: SITUATED AT: CUTCHOGUE TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design P.O. Box 153 Aquebogue, New York 11931 1"=40' DATE: JUNE 1, 2013 PHONB (891)298-15ea FAX (631) 296-1588 FILE k 13-81 SCALE: N.Y.S. LISC. NO. 050882 -ainiainin` the records of Robert J. Hennessy k Kenneth M. Waychuh