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HomeMy WebLinkAbout1000-114.-1-5.1J4. _ I OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 From '" pF SOUry N COU dao �4UNTl,� MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631765-1938 Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM John Bredemeyer, President Town of Southold Board of Trustees Mark Terry, Principal Planner LWRP Coordinator Date: March 18, 2014 Re: Proposed Wetland Permit for DIANE & DENNIS HARKOFF SCTM#1000-114-1-5.1 A Wetlands Permit was issued in 1984 for a dock structure in this location. However, the current dock structure is not configured or proposed to be reconstructed to the permitted dock design. J.M.O. Environmental Consulting on behalf of DIANE & DENNIS HARKOFF request a Wetland Permit to reconstruct an existing 4'x25' ramp at landward end of fixed dock; reconstruct an existing 4'x130' fixed dock; replace piles; reconstruct existing 3'x16' ramp; reconstruct existing 6'x24' float; and replace two (2) existing dolphins. Located: 1605 Point Pleasant Road, Mattituck. SCTM# 114-1-5.1 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 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. The existing dock does not conform to the Wetland Permit issued in 1984. The permitted float was 6'x 20' and the proposed float is 6'x 24'. Further the float is reoriented, extended further into the waterbody. Figure 1 k N Figure 2. 2013 Aerial photo showing existing dock configuration. In the event the action is approved it is recommended that the Board assess the proposed action the below dock standards. The applicant must demonstrate 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: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; j21 Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shel/fishing, waterskiing and other wafer -dependant activities, [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural resources, Water depths have not been indicated on the plans. The plans do reference ALW and AHW, however, at 1 "=20' scale the ALW to the bottom would be 5'deep. It is recommended that the Board clarify if the water depth at the end of the dock would be 5' deep ALW. Further, the vessel has not been identified in the application. [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed, [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [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 [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. To further Policies 5 Protect and improve water quality in the Town of Southold, 6.3 Protect and restore tidal and freshwater wetlands and Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. It is recommended that the Board require that the silt boom be deployed during the construction of the dock structure pursuant to: § 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. 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 CONpgMCY 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 pMatd action will be evaluated. as to its sig lfccant beneficial and adverse effects jroon the egastal area (which includes aU 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 eanlaiaed_ in _detaiLIistlax—boA sunuortine and non- suuoorting 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 Of Lee, the Planning Department, all local libraries and the Town Clerk's office. , (:,� [� B. . DESCRIPTION OF SITE AND PROPOSED ACTION 2 `} SCTM#) 1000 - 114 _ 01 - 5.1 Dock reconstruction PROJECT NAME The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board ❑ Building Dept. ❑ Board of Trustees 0 c� 1. Category of Town of Southold agency action (check appropriate'response): �J M R 1 0 20 1 �; (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: a Nature and extent of action: Applicant proposes to reconstru istinq 4'x130' w fixed d , epl a ices, t�f/at, an existing 3'x16' V ram econstru exi x24 replace dolphins (2) 4nd', nstrt a4'x25' the landward end of the fixed 2. Location of action: 1605 point pleasant Road, Mattituc>r Site acreage: 2.5631 Single family duelling Present land use: Present zoning classification: Single family d:welling If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: Diane & Dennis Harkoff (a) Name of applicant: P.O. Pox 1269, Mattituck, NY 11452-1269 (b) Mailing address: (c) Telephone number: Area Code ( ) 631-298-3266 (d) Application number, if any: Unknown Will the action be directly undertaken, require funding, or approval by a state or federal agency? a ❑ If yes, which state or federal agency? N. Y. S.D. F. C., N.Y.S.D.O.S. Yes No & U.S.n.O.a. 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 The prosect does not invol V It- -any negative impact upon o en s ce or the haract f. the community. it is felt that this roiect is consistent :with this polic 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 The project shall have no impact upon anylh - is con i Attach additional sheets if necessary tect scenic resources throughout the Town of Southold. See Policy 3. Enhance visual quality and pro LWRP Section III — Policies Pages 6 through 7 for evaluation criteria D yes ❑ No ❑Not Applicable The Proiect will h ve n m nor im act the visu 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 4-i=nA i1V LV " ro'ect is consistent ,with this PolicY, Attach additional sheets if necessary ality and supply in the Town of Southold. See LWRP Section MPolicy 5. Protect and improve water qu — Policies Pages 16 through 21 for evaluation criteria 0 yes ❑ No ❑ Not Applicable The proiect will have no ne ative impacts u vll t.aav r e is c e Attach additional sheets if necessary Policy 6. Protect and restore the quality and functionlands. See LWRP Section IIIc Policies; s including e es; P ges 22 Significant Coastal Fish and Wildlife habitats and w through 32 for evaluation criteria. Q 0 0 Yes No Not Applicable The project shall have no ne ative impacts upon the auality or functi_ .._L_ A-_4 T+- i c felt that this project is consistent with this polic Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Polities Pages 3.2 through 34 for evaluation criteria. © yes ❑ No ❑ Not Applicable The project shall have no im act upon it ualit It is felt that this project is consistent with this olic 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 evaluatio¢ criteria. © yes ❑ No ❑ Not Applicable The vroiect does not involve the uae of or the disgoSal of It ; fel +' ^solid waste or hazardous substances ana wastes. l� 1s ���. that this project is consistent with this policy 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 LAW Section III - Policies; Pages 38 through 46 for evaluation criteria. ❑ Yell No ❑ Not Applicable The proiect will have no im act upon public access to and the recreational use of coastal waters, public lands or the public resources of the Town. It is felt that this project is consistent with this policy 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. U Yes ❑ No ❑ Not Applicable The project will have no impact upon Southold's water -dependent uses of or the siting of new water -dependent uses in suitable locations Tt is felt that this project is consistent with this policy 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 The project will have no imps ut c)n t-hP c»hcta i nabl A lige raf living marine resources It is felt that this projPnt is consistent with this policy 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 n Not Applicable The project dogs not involve agri nnl Lural lands- Ti- i c fel t that this policy.is not applicable to this project 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 The Droiect does not involve the use of or development of energy or mineral resources. It is felt that thison licy is not applicable to this project PREPARED BY m p„p F _ ;T n s i TITLE Age n t DATE �a . q FORR3. 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MA>Cx UNE-----�--- ,.)R(e) sEE SEc.No.,2x 2.4A(c) 1z, = — `u ---- --x-- Nonce COUNTY OF SUFFOLK © x o. ,reu2,lO,n SECTION No Real Property Tex Service Agency v a e.xlr/c.vw.wwr.NfNw, w 114 PxltT xo 1N0 PROPER1Y rMP SURVEY OF LOTS 13,14 8r P/012 "MAP OF POINT PLEASA AT MATT I T UCK TOWN OF SO UT HOL D FILED MAY17,1916 NO. 720 SUFFOLK COUNTY, N.Y. 1000-114- 01-5.1 SCALE I"= 40' May 7, 1996 If cc 1117'e 0000 '' K° 3o,, W va 87. 51, N S TPHALIA ROAD V,0 yA1 IV 4/ r� ) x Sr�r% i 1Z �0 �v p 0. ppOD Q13azebo AREA = 2.5631 Acres 10 tie lines 0///4/98 ADD CERTIFICATIONS Ft DoT 14 LOT 15 ALLY TO COMPLY WITH 1Y T)ilE TERM 'AL TE T UM SY ANY AAD AU UTIUZIMB A C OF AN07?0" SURVEYOR'S MAP. TEWS SUCH AS 'INSPECTS "DROUGHT -TO -VATS" ARE NOT Av COWL/ANCE w/TM vC LAI CONTOUR LINES ARE REFERENCED TO N.G.V. DATUM. CER TIFIED TO, FIRST SECURITY FINANCIAL SERVICE AOUEBOGUE ABSTRACT FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK 617 4. // 'N. Y.S. LIC. NO. 49618 EYORS, P.C. —5020 SCA OX ,909 ---4250 TRA VEL ER S TREE SOUTHOLD, N.Y. 8971 r1 -7 A 7 Of -1 2 o c e ) a Z { 1 a V u t I l co � � to t` 5 I 1 �l CER TIFIED TO, FIRST SECURITY FINANCIAL SERVICE AOUEBOGUE ABSTRACT FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK 617 4. // 'N. Y.S. LIC. NO. 49618 EYORS, P.C. —5020 SCA OX ,909 ---4250 TRA VEL ER S TREE SOUTHOLD, N.Y. 8971 r1 -7 A 7 Of A Applicant proposes to reconstruct an existing x 130' fixed dock, replace piles, reconstruct an existing 3' x 16' ramp, reconstruct existing 6' x 24' float, replace existing dolphins 92) and(onstruct a 4'x 25' ramp at the landward end of the fixed dock. At Mattituck Creek, Mattituck, Town of Southold, Suffolk County, New York SC LE P2 - PROP RAi L J.M.O. Environmental Consulting Services Quogue, New York LOT 15 • ANY ALTERATION OR ADDITION TO THS SURVEY IS A VIOLAT OF SECTION 7209 OF TPE NEW YOM STATE EDUCATIAN LAZY[ -- EXCEPT AS PER SECTOW TEO E ALL cm HEREON ARE VALV FOR THE MAP.AAV COPE'S TMREOF SAD APAP OR COPES BEAR TW NIS SEAL OF TI£ SURVE' WHOSE SMMMWE APPEARS HEREON. --1 _ IN.Y.S LIG NO. 496/8 ADOMONALLY TO COWL WITH SAV LAW THE TERM 'ALTERED �y.� / , r AKJST SE ilk e1' ANY AAD ALL 8t�'1'gR8 UTX.IZpM6 A COPY`` ��"� 1 �._ {:P�Cp1V%� UR EYORSP.C. OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS WMECTED' AlND°��l_3,41 -5020 - 5020 08ROUSFIT-M-DATF' ARE NOT N CVW'L4NCE w/TN THE LAMS. OX 909 ---423`0 TRA VEL ER STREEI- CONTOUR LINES ARE REFERENCED SOUTHOLD, N.Y.. 8971 TO N.G.V. DATUM. /1 '7 / -7*1 t D 3 ,row (k WOOD RAMP O { / Q 3 co co a �h 1 Y N Q t h 588,12' � CERTIFIED TO, FIRST SECURITY FINANCIAL SERVICE:: AOUEBOGUE ABSTRACT ' FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK �Sc56/ 7 tfly !i'C). ij t �[ tJfi� '�'• • ANY ALTERATION OR ADDITION TO THS SURVEY IS A VIOLAT OF SECTION 7209 OF TPE NEW YOM STATE EDUCATIAN LAZY[ -- EXCEPT AS PER SECTOW TEO E ALL cm HEREON ARE VALV FOR THE MAP.AAV COPE'S TMREOF SAD APAP OR COPES BEAR TW NIS SEAL OF TI£ SURVE' WHOSE SMMMWE APPEARS HEREON. --1 _ IN.Y.S LIG NO. 496/8 ADOMONALLY TO COWL WITH SAV LAW THE TERM 'ALTERED �y.� / , r AKJST SE ilk e1' ANY AAD ALL 8t�'1'gR8 UTX.IZpM6 A COPY`` ��"� 1 �._ {:P�Cp1V%� UR EYORSP.C. OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS WMECTED' AlND°��l_3,41 -5020 - 5020 08ROUSFIT-M-DATF' ARE NOT N CVW'L4NCE w/TN THE LAMS. OX 909 ---423`0 TRA VEL ER STREEI- CONTOUR LINES ARE REFERENCED SOUTHOLD, N.Y.. 8971 TO N.G.V. DATUM. /1 '7 / -7*1 F� Harkoff-1605 Point Pleasant Road-Mattituck, NY 1130HRS 11 OCT' 13 E Q FEB (F to �., •t: AI&it�1 �1 l fi tf Vi, y Harkoff-1605 Point Pleasant Road-Mattituck, NY 1130HRS 11 OCT' 13 Harkoff-1605 Point Pleasant Road-Mattituck, NY 1130HRS 11 OCT' 13 SCALE Applicant proposes to reconstruct an existing 4' x 130' fixed dock, replace piles, reconstruct an existing Y x 16' ramp, reconstruct existing 6' 24' float, replace existing dolphins (2) and construct a 4'x 25' ramp at the landward End of the fixed dock. At Mattituck Creek, Mattituck, Town of Southold, Suffolk County, New York 3x16 RAMP Applicant: Diane & Dennis Harkoff Location: 1605 Point Pleasant Road Purpose: Dock reconstruction Datum: Apparent Low Water Locus:40.996816 -72.545149 S.C.T.M.No. 1000-114-01-5.1 HW Lw /Y► l C E 13 ' 1-f ET 2 OF 3 Ain-nlionnt mmnoses, to reconstruct all existing %I ! M AT i ITUCK CREED. <-W I DT H : 340'--3 JMO ENVIRONMENTAL CONSULTING P.O. BOX 447, QUOGU EN Y 11 y�y-u,44