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HomeMy WebLinkAbout1000-116.-7-7 r OF SOU OFFICE LOCATION: Ty Town Hall Annex ��� �l0 MAILING ax1179ADDRESS: 54375 State Route 25 Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Southold,NY 11971 �pQ Telephone: 631765-1938 01COU '� Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: John Bredemeyer, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: May 20, 2014 Re: Proposed Wetland Permit for RONALD &THERESA FURMAN SCTM# 1000-116-7-7 Patricia C. Moore, Esq. on behalf of RONALD &THERESA FURMAN requests a Wetland Permit to construct a low profile 4'x67' fixed dock with thru-flow decking 18" above grade, and with six(6) steps to grade at seaward end. Located: 1455 Meadow Beach Lane, Mattituck. SCTM# 116-7-7 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 1. 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 details of 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. 111 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 1 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 f.l 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 I'I ` t LWRP CONSISTENCY ASSESSMENT FORM ' A. INSTRUCTIONS I. 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 si gficant I 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 exulan�ed in detail, listing both supnortinag 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 o outhold's i. website(southoldtown.northfork.net),the Board of Trustees ail local libraries and the Town Clerk's office. rAfPR ID B. DESCRIPTION OF STT AND PROPOSED ACTION 1 8 2014 SCTM# 116-7-7 - PROJECT NAME Furma Dock R - The Application has been subm tted to(check approp ' response): Town Board ❑ Planning Bo ❑ B ' Dept. In Board of Trustees ❑ MAY 1 2 2014 1. Category of Town of Southold agency action(check appropriate'response): f (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: low profile fixed dock(4'x 67")with thru-flo deck, 18"above grade , . P Location of action: 1455 Meadow Beach Lane Site acreage: 47,677 sq.ft. Present land use: house, pool and patio Present zoning classification: R-40 i 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: Ronald Theresa Furman (b) Mailing address: 131 Stratford Avenue Garden City NY 11580 (c) Telephone number:Area Code( )_ (347)558-5512 (d) Application number,if any: 1 Will the action be directly undertaken,require fimding,or approval by a state or federal agency? x Yes ❑ 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 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. XJ Yes ❑ No ❑ Not Applicable low profile dock with steps provides access to water for small boat which enhances the community cnarracter Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LVMP Section III=Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No El Not Applicable } Attach additional sheets if necessary i 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 0 Not Applicable t , - s E i' 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 N 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 1-1 No [i]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. 0 ❑ ❑ i Yes No Not Applicable thru-flo material provides continued light and air under fixed dock preventing impact to ecosystem Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies I Pages 32 through 34 for evaluation criteria. F] Yes ❑No Q Not Applicable ! i 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 0 Not Applicable 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. ❑ YeR No❑ Not Applicable low profile dock does not impeded public access Attach additional sheets if necessary . i WORKING COAST POLICIES j 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. i Yes ❑ No x❑ Not Applicable I!! E i E I Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic f Estuary and Town waters.See LWRP Section III—Policies;Pages 57 through 62 for evaluation criteria. ❑ x Yes 1:1 No ❑ Not Applicable t I minimal impact to town waters while balancing the inmterests of the homeowner to access the water&riparian rithts i i Attach additional sheets if necessary i Policy 12. Protect agricultural lands-in the Town of Southold. See LWRP Section III—Policies;Pages j 62 through 65 for evaluation criteria. 1 ❑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. 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" L!+(�t'y 6� �'fS, �, `�tA� r+'! r {i''fi ��y. _ r , FURMAN 1455 MEADOW BEACH LANE 'M• ' 'f ? ' SCTM: 1000-116-7-7 1 N PLAN VIEW alttytinc� a w , Surveyed: 03-28-14 gook 5 P SCT# 1000-116-7-7 Town: Southold �< Suffolk County, NY ,IDatum: M L L W 00N O tD O O to 00 re1 ne s I 1itA Q O I _� Ji<. • . I I Y N N N N A bo O O O O O r SCT 1000-116-7-7t +� Land of Furman �, Cl) \ if o o a ! I 1 I I I I n N N x Proposed "low profile" �, in co iA �4 o o 0 1 fixed dock (4'x 6'T) i m d with thru-flo deckL m X 18" above grade 6 steps grade rade % 4 I .` w bo io io io iso do W V to bo Zo N �iAPR 1 8 2014 4t al,. Nje dt y� o0�a wo L + vit ai, Fxisttnq �. SECTION nock 5 p5 CoQ A1 201 ND$J� Proposed"low profile" thru-flo deck fixed dock(4'x 67) 18"above grade 6 steps ROBERT H.FOX w - - - 7T] --- NYS PLS#50197 __ -. ---_ __ ----__---- P 0 Box#366 ales exist. bttm. Aquebogue ' oc NY11931