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HomeMy WebLinkAbout1000-136.-1-38OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 To: From Date: Re: MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM John Bredemeyer, President Town of Southold Board of Trustees Mark Terry, Principal Planner LWRP Coordinator May 20, 2014 Proposed Wetland Permit for RICHARD & ANNE MOORE SCTM# 1000-136-1-38 Jeffrey Patanjo on behalf of RICHARD & ANNE MOORE request a Wetland Permit to remove existing storm damaged pier and construct a 4'x101' fixed pier; a 3'x12' aluminum ramp; and 6'x20' floating dock supported by four (4) 8" diameter piles and 3"x10" cross -bracing to support the float a minimum of 30" off creek bottom. Located: 790 Oak Street, Cutchogue. SCTM# 136-1-38 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. 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. Chapter 275 defines Dock as: DOCK Any permanent or seasonal structure, except a building, 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 extending over the water's surface, designed 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 "floats." The proposed action does not identify the purpose of extending the dock structure and detailsof a proposed vessel. Further, the applicant has not demonstrated that the following dock standards pursuant to § 275-11. Construction and operation standards have been met. (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: (5] Whether the dock will cause degradation of surface water quality and natural resources; The mean lower low water (M L L W) at the terminus of the dock structure ranges between -0.5 and -0.8 feet and is inadequate to support most motorized vessels and keeled vessels (due to draft). Further, due to the inadequate water depths, operation of a motorized vessel to and from the dock could result in bottom scaring and increased turbidity in the water column impacting marine life in the water body. It is recommended that the Board clarify the size and type of vessel and tidal range. [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats, The proposed action is located within a DEC Critical Environmental Area. The proposed construction practices of the dock have not been identified. It is recommended that the applicant identify the proposed construction practices. Activities during dock construction can destroy vegetation either above or below the tide line by pulling them from the substrate or destroying their root system. The peat beds underlying salt marshes can also be compacted through the improper use of heavy equipment. It is recommended that the Board clarify the methods of construction. 11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and The action is also inconsistent with the following policy standards. Policy Standards 6.3 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. As indicated above, the proposed action is located within a NYSDEC Critical Environmental. Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. A. Limit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water. Use the following factors in assessing potential adverse impact: 1. environmental impact, As discussed above, M L L W at the terminus of the dock ranges between -0.5' and -0.8'. Placing dock structures in areas were water depths are inadequate to support motorized or keeled vessels could lead to environmental impacts such as bottom scarring and increased turbidity in the water body. Policy 10. Protect Southold's water -dependent uses and promote siting of new water - dependent uses in suitable locations. The proposed action is for the construction of a private dock located within a DEC listed Critical Environmental Area. The shallow depth of the creek limits the use of the creek by motorized vessels. The creek does and will support manual powered personal recreational vessels, such as kayaks, rowboats etc. with shallow drafts. In the event that the action is approved it is recommended that to further Policy 6 that a non- disturbance buffer landward of the wetland edge be required. It is further recommended that the non -disturbance buffer incorporate the existing vegetation on-site. 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 V LWRP CONSISTENCY ASSESSMENT FORM 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). 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: 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. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1 3(v - t- '59, The Application has been submitted to (check appropriate response): Town Board D Planning Dept. [E Building Dept. 0 Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital El construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: APR 1 I N. t Nature and extent of action: ��n.r✓L .-a►sh!n S-rer," 06MAged2 leu `Lw"9 $ 1 wwfe- k 14- "O"w"' 1"14 , b `w6d e- x 70' 1VVJ DacK.- S, pes,r4-ed- ht fives A'Y P1/0ri *vlda $ ••} ro` tr"S brA--"!7 to S.00 v'r-V filw'1' A't IN 1 N✓/I► dF 30,, r" ereelf- 1104+0--'t 2. Location of action: -710. Of -1L ST. Cv -t e, k Site acreage: 0 - Present land use: X -e s I d*., k1 w L Present zoning classification: Q. e S 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: 91 c t^ o r k k "�"''`' `' 1`° �, t (b) Mailing address: q C Pfcc l W % t I I en t" S pit. €a 5t ZsC� p ,J I 1173v (c) Telephone number: Area Code ( (d) Application number, if any: 631 . &,'7 * - S '7-73 Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes 2 No ❑ If yes, which state or federal agency? H nS ���� ��s °b I i4�^' i e-, 4-P S 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 LVWRP Section III — Policies; Page 2 for evaluation criteria. 21'Yes ❑ No ❑ Not Applicable Pr • te.k 1wGLS �'tiPM ,r+w c ,C/L A�•Q al(a...•i �►rt✓ GtCGtlS �• wa *-�S w�•t-h ViS��•il �t Gw�it Gw tZr ✓e.-tj 'r 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 11 No Ln 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 14 Car S t S+ewv+ ""0'% 13 4 04414 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 — PoliciesPages8 through 16 for evaluation criteria 0 Yes E3No 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 D No u 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. 20lies F No © Not Applicable Pr• .-sx&- Poe t2— will vl-'C";G — hev-Fia.o ketl4l--0~— Oki t^-r'ft !K ~ - Okit^-r'ft!K Alaw+f7 bt�ow 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 [�JNot 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 Ig 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 lJ YesD No ❑ Not Applicable 1Vlb,jec3C PrOV4,0S Ad, Pvbl w -use- .•f- woi teeewa-t, f -na 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 Qn► s c l'(v v b�S "e -eJS w . t --e - , 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 U 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 1:1 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. ❑ No L'� ❑ Yes Not Applicable Created on 512510511:20 AM COUNTY OF SUFFOLK !eaGProprty Tax Seance Agency 136 1 Photo 1 MAR 1 4 2014 U,7511CA- Photo 3 pierce Drfbve 288.7 I 1 I I / i i i r T I 07 /80 / 1 —o.o —0.7 2 � I -97REPRESENTS ELEVATION OF BOTTOM NOTES: 1. ELEVATIONS REFER TO N.G.V.D. 1929 DATUM 2. LOT AREA: 27,331 S.F. / 0.63 ACRES 3. PORTIONS OF PLAN FROM SURVEY PREPARED BY: JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET RIVERHEAD, NY 11901 SURVEY LATEST DATED MAY 5, 2009 PROPERTY OWNER: RICHARD & ANNE MOORE 90 PERCY WILLIAMS DRIVE EAST ISLIP, NY 11730 PREPARED BY: JEFFREY PATANJO 106 HEWITT BOULEVARD CENTER MORICHES, NY 11934 631-484-9332 ADJACENT DOCK PROPOSED OPEN -GRATE DECKNG TO BE FLOW-THRU INTERLOCKING PANELS OR EQUAL PROPOSED FIXED ELEVATED PIER 101' LONG X 4' WIDE SUPPORTED WITH 6"0 PILES 0 8' O.C. (TYPICAL BOTH SIDES) PROPOSED HINDGED RAMP 12' LONG X 3' WIDE -1.9 W --\ \ 4 C\2 oma\ 'i p9" —1.1 —1.4l \ co ..�P -97REPRESENTS ELEVATION OF BOTTOM NOTES: 1. ELEVATIONS REFER TO N.G.V.D. 1929 DATUM 2. LOT AREA: 27,331 S.F. / 0.63 ACRES 3. PORTIONS OF PLAN FROM SURVEY PREPARED BY: JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET RIVERHEAD, NY 11901 SURVEY LATEST DATED MAY 5, 2009 PROPERTY OWNER: RICHARD & ANNE MOORE 90 PERCY WILLIAMS DRIVE EAST ISLIP, NY 11730 PREPARED BY: JEFFREY PATANJO 106 HEWITT BOULEVARD CENTER MORICHES, NY 11934 631-484-9332 ADJACENT DOCK PROPOSED OPEN -GRATE DECKNG TO BE FLOW-THRU INTERLOCKING PANELS OR EQUAL PROPOSED FIXED ELEVATED PIER 101' LONG X 4' WIDE SUPPORTED WITH 6"0 PILES 0 8' O.C. (TYPICAL BOTH SIDES) PROPOSED HINDGED RAMP 12' LONG X 3' WIDE -1.9 W --\ Q.) 4 C\2 -0.7 -1.2 -1.5 -1.9 - —3. 21co Q.) 4 C\2 'i p9" —1.1 —1.4l � ..�P PROPOSED 20' LONG X 6' WIDE FLOATING DOCK SUPPORTED WTH (4) 8"0 PILES EXISTING DAMAGED PIER ��L,� MAA 1 4 2014 Saufhc 710, scut i W f Tr Proposed Dock & Float SCALE: 1 "=30' PROPOSED PLAN 12D—A19-14 790 OAK STREET CUTCHOCUE, TOWN OF SOUTHOLD SUFFOLK COUNTY, NY SHEET: TAX MAP N0. 1000-186-1-38 1 1 OF 2 • • 10 8 6 4 2 1 -2 -4 PROJECT LOCATION MAP N.T.S. 101' Wg 60' THRU-FLOW DECKING OVER WETLANDS n LOCATION - PROPOSED FIXED ELEVATED CATWALK 4' WIDE X 101' LONG W/ UNTREATED DECK PROPOSED 6"x6" CCA POSTS (TYP.) TYPICAL SECTION SCALE: H: 1 "=20' V: 1 "=2' Ir Y LONG OCK �,3BER 0 "VLW Yom.._%f MAR 1 4 2014 • • PROPERTY OWNER: RICHARD & ANNE MORROE 90 PERCY WILLIAMS DRIVE EAST ISLIP, NY 11730 PREPARED BY: JEFFREY PATANJO 106 HEWITT BOULEVARD - --CENTER - -- - 1 - - - ---- --- 631-484-9332 Pmposed Dock & Float SCALE: AS NOTED • TYPICAL SECTION & DATE: LOCATION MAP 2-19-14 —'9—'4 790 OAK STREET CUTCHOCUE, TOWN OF SOUTHOLD SUFFOLK COUNTY, NY SHEET: TAX MAP NO. 1000-136-1-38 2 OF 2 ■Il�iiii�il�l� ■II�I1�1�11�1�1�1�1 �w�i ....... I■■I������ �/11 .'' .�I�Iv1�ll�l�l�l�l�l��l/�/�■ �I�I�Ii��..��\� � Ing �NHEART FLOATING 11 FLOAT 1 Iimimimll"llm-ml IImImImilmilm mi 101 II0II�CREEK BOTTOM II�I`Jl�ll.Nslmlmlmlml�l �101 llr''�I 1i�/I� • •' ' 1 IIII _ I I i ... � � � � "1"1 1 �, • ■(TOTAL / TYPICAL SECTION SCALE: H: 1 "=20' V: 1 "=2' Ir Y LONG OCK �,3BER 0 "VLW Yom.._%f MAR 1 4 2014 • • PROPERTY OWNER: RICHARD & ANNE MORROE 90 PERCY WILLIAMS DRIVE EAST ISLIP, NY 11730 PREPARED BY: JEFFREY PATANJO 106 HEWITT BOULEVARD - --CENTER - -- - 1 - - - ---- --- 631-484-9332 Pmposed Dock & Float SCALE: AS NOTED • TYPICAL SECTION & DATE: LOCATION MAP 2-19-14 —'9—'4 790 OAK STREET CUTCHOCUE, TOWN OF SOUTHOLD SUFFOLK COUNTY, NY SHEET: TAX MAP NO. 1000-136-1-38 2 OF 2