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Home My WebLink About1000-24.-2-11 SoUry L OFFICE LOCATION: ~OF O~ Q MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 1 J Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) y 2 Southold, NY 11971 ell- O Telephone: 631 765-1938 ~yCOUFax: 631 765-3136 I LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD ~I MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: November 12, 2013 Re: LWRP Coastal Consistency Review for JOHN F. & ANN MARIE KELLY SCTM# 1000-24-2-11 Patricia C. Moore, Esq. on behalf of JOHN F. & ANN MARIE KELLY requests a Wetland Permit and a Coastal Erosion Permit to repair the existing 25' long wave break which is attached to dock on adjacent property. Located: 600 Bay Lane, Orient. SCTM# 24-2-11 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 LWRP Policies 4.1 and therefore, INCONSISTENT with the LWRP. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested., A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. The proposed structure is located in the nearshore area. The nearshore area is defined as those lands under water beginning at the near low-water line and extending waterward in a direction perpendicular to the shoreline to a point where mean low-water depth is 15 feet or to a horizontal distance of 1,000 feet from the mean low-water line, whichever is greater. All structures/development is prohibited in the nearshore area unless a Coastal Erosion Management Permit has been issued. Further the purpose of the proposed wave break has not been identified. 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 i Town of Southold ; LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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 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). 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 must be explained in detail, listing both supporting 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. B. DESCRIPTION OF SITE AND PROPOSED ACTION I_4 SCTM# 24-2-11 PROJECT NAME Kelly wave break repair The Application has been submitted to (check appropriate response): Town Board ? Planning Board El Building Dept. ? Board of Trustees 1. 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) (c) Permit, approval, license, certification: ? Nature and extent of action: repair timber wave break on Smith dock to protect Kelly dock Location of action: 600 Bay Ave Orient Site acreage: 9700 Present land use: house & dock 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: i (a) Name of applicant: John F Ann M. Kelly (b) Mailing address: P.O.Box 231 i 600 Bay Lane Orient i (c) Telephone number: Area Code ( ) (631) 323-1439 i I (d) Application number, if any: i Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes El No ? If yes, which state or federal agency?_ i C. Evaluate the project to the following policies by analyzing how the project will further support or j 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. x] Yes ? No ? Not Applicable maintain existing struture I. 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 El Not Applicable i 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 X? Not Applicable 1 I' i Attach additional sheets if necessary i NATURAL COAST POLICIES i 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 X Yes ? No ? Not Applicable ~ i i puLnnse of retaining timber wavy hreak is to orotent existing dock from waive action 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 evaluation criteria ? Yes El No rx] Not Applicable 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. ? ? ® f i Yes No Not Applicable i i Attach additional sheets if necessary i Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. I. F]Yes No FXJ Not Applicable I i i Attach additional sheets if necessary I 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 0 Not Applicable I I i 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. El YcO No ® Not Applicable i Attach additional sheets if necessary WORHING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section 111- Policies; Pages 47 through 56 for evaluation criteria. Yes ? No I Not Applicable i i Attach additional sheets if necessary i 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. i ? Yes ? No Not Applicable i i 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 0 Not Applicable PREPARED BY Patricia C. Moore TITLE AGENT DATE 9/30/13 PLAN VIEW N Surveyed: 10-01-13 w E SCT# 1000 24 2 10 s and # 1000 24 2 11 Town: Southold o1 Suffolk County, NYC Datum: M L L W v 6, ~9. 49 G @~e e. s0 /o 41 0 S O / O 30 ~ ~o ~ ~ / ayU~wa 1 J ' V~Q S .T nCP 40 / \ 7b \ \9 \ _ S _ ` 29 2~ o~~~~ v2 Qec YYTT p~ `2~ '4 SB -`V Q V ` S O \y0 9 \C 3 :l 40 S 6 Y JS 0^ D D ~ OCT , a 101 3 JJJ(P.wu %nh ~E r tTrustees DOCK SECTION 1"=21Y Repair Existing Timber 111'x to' walk 8 Wave Break (25) 10'x 20' platform Ramp ROBERT H. FOX --HY4 - - - - NYS PLS# 50197 -LA - break - - Seawall PO Box # 366 bttm. Wetland tone, Aquebogue stacked N Y 11931 BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO.7809 & 7809C DATE: JUNE 20.2012 ISSUED TO: WEE HQUSE MABT11IERSfflDGARJ.SMPTH.JR. PROPERTY ADDRESS: 650 BAY LANE. ORIENT SCTM# 24-2-10 AI bMZATION Pursuant to. the, provisions of Chapter 275 and/or Chapter 111 of the Town Cede of the Town of Southold and in accordance with the Resolution of the 96W of Trustees adopted at the meeting held on 1Ln-e 20.2012, and in consideration of application fee in the sum of $500.00 paid by Wee House Partnets/Edstar J. Smith_ Jr. 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 re-stack fallen stone and recap concrete seawall within the limits of the Wee House property oialy; repair, existing 10'x111' timber dock and northwestern jetty; Install tie-off pike 20' seaward from the end of the dock; the installation of a wave break along the seaward end of the dock; with the conditions that the existing outer pile cluster locaaled off the seaward end of, dock Is removed, she removal of the existing jetty located along tho southeast end, of the dock; "d as depicted on the site plan prepared by Robert U. Fox, last dated June 15, 2012, and stamped approved on June 29, 2012. IN W17NESS WHEREOF, the said Board of Tnmtoea hereby causes its Corporate Seal to be affixed, and these presents to be subsor6ed by a rrssjority of the said Boardas of this date. sob Ghosio,J Jr. - Nay John Brads r - Nay 1 I. PLAN VIEW Wee House Partners W Surveyed: 02-21-12 s Amended: 06.04-12 Amen 24 21 10 [ [ Q d E Town: Soulhold Suffolk County, W 6~`r9 Datum: M LLIN JUN 2 2 2012 1 40' F Southoold town ~pra.a 2y~ Pnard of Trustees 0 °~i. `'bst q b~ \ 4, ~ a a 'o P Po 10 1 ys yd Q~ yd J Qe 96 3~ U -JJ }a "6 Y 4 y9°s' mss?9~ 8 APPROVED BY BOARD OF TRUSTEES Alle s TOWN OF SOUTHOLD g v~ `F b ° ~'sDATE J? A11- z ' z o / Z eh~ r~''~?- •13 ~ SECTIONS broken conc. y4 r6 tis Re-stack fallen stones & cap 0 r Hw recap co=Ven *0 ~•3. LW bttm. at one SEAWALL air Existing Timber Dock & 111 x lO' walk a Replace decking, piles emove S/E Jetty & add Wave Break 10' x 20' platform and beams as needed Rapp wave awall PO Box #386 tW break Aquebogue bttm. 11931 ROB ~ yt DOCK H. FOX remove onevq tie ff pile 4do. 14' +I-or- l NYS PLS# 50197 cluster 20' out grade y V=20' 9 ~ N s O 0 ~ x 141 1...\ ~y x.131 I \ % x O j \\\°ozs~ x •t u.EC..o. ~>a n ~1 n 'I COUNWOFSUFFUK ® K o eecnoxw - Rn 0 Rsl Plapery TV S mm Ape v s u Mn ~WxtixL~~nW M n ~ r t 4 ~ i ~ A W, r 1 - SWIM Jam h Y M SStmt,Mh ~~r ~I ~ti r r I~~-z-r - coop x 17- l y+~ too - ~ ~ c:~io S~ J ~ S _ l Off- 2'{-2- 1~ l J rv. R • Ulu >I• X' 04 t ~ iu i t rat ~ •K" s#y~ • Ali ~ ~ - - .r'~. ox {r• - Wa- • ~ -,'+-s-.~1s"1C':~w~_.~•+r_s T~M°.~ ~t.,;'~`-., ~ ~r "r~..?`~ #r) ~ - ~ .:~Y,`~'~~C, S` r Y~ s ~r ,ao' s ~ yl~ - i 1 .a . S' ..1 • A - r ~T'L