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Home My WebLink About1000-26.-1-17.1OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 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: February 14, 2014 Re: Local Waterfront Revitalization Program Coastal Consistency Review for JOHN & SARAH HENRY SCTM# 1000-26-1-17.1 A Grandfathered Permit (4410) was issued in 1995 for a 100' long dock and 45'"L" shape dock. The existing dock does not conform to the permit. En -Consultants on behalf of JOHN & SARAH HENRY requests a Wetland Permit for the existing fixed "J" shaped pier that consists of an 8'x152' shore -perpendicular section, and 10'x36' and 10'x17' shore - parallel sections; as -built repairs consisting of the installation new 2"x10" untreated decking and the replacement of inside pilings, caps and stringers; and proposed repairs consisting of the installation of additional 2"x10" untreated decking and replacement of additional 10" inside pilings, 6"x6" caps and outside stringers, and 4"x6" inside stringers. Located: 2440 Village Lane, Orient. SCTM# 26-1-17.1 The application states in the narrative submitted with the CAF dated 1/16/14 that the proposed action is "normal maintenance" and therefore Exempt from LWRP CCR. The dock is not in conformance with the Board of Trustees Grandfather Permit and therefore the action cannot be exempted from review. The permit was issued for a dock length of 100', the current dock length is 152'. The "L" section of the dock was permitted at 45', the current length is 53'. 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 determination that the proposed actions are INCONSISTENT with the below listed LWRP policy and therefore are 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. Town records indicate that the structure was constructed (in its existing configuration) without the benefit of review of the Board of Trustees. Sc�ard Of : SQuthot Town. Tr�usteet SOUTHOLD,'NEW YORK PERMIT No. .I.0.._ DATE:..?.LE6L95.._.._ ISSUED:TO .�lu�nr�t��arn hmwO fo the Rte: df C6ptx 6lS of f6 Lawa.of *A State of New York, 1893-. and:Cl O!w 464 of the Laws af, fire Stats of Now; Yak 1984, +tnd itis-SauNwld Town- Ord'a►anes W ivw V14ULATING AND T#..: PLACING OF ORMUCTICM IN; AND ON. TOWN WA7MS AND "PUBLIC: LANDS :awd *4� REMOVAL # sANix euva ox OCHER MATERIALS FiRO1rt LANDS. UNDER TOWN WATERS;" and in aeaordanoe V%, the RoWutloa of The Board adepW at.i mssiing held ort. 2J.zalss- 19....95...,. and- in rorawwartion, of the wen of 5.....1019.. RIO...:, paid by .......... ._..... ._.._._...__ of _.. Orient N., Y. mid subimf to the Term and Condition: RAW on the rsvwws Me heirod. Of Southold Town TM$406 wthor+ M MW perm% the famaw Grandfather Permit -:tor ari 81 %.100! 3 °L' shape 80 X 451 adsting dock. Orient Harbor 1 LV Figure 1. Grandfather Permit I Figure 2. Parcel showing permitted dock. The dock is located in the Coastal Erosion Hazard Area (CEHA), however, aerial photos indicate that the dock was constructed prior to enactment of the regulations and is not required to meet square footage requirements. A CEHA permit is not on record. Figure 3. Dock shown on a 1962 Aerial. Note that the dock is located 8' from the southern property boundary. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed actions. Cc: Lori Hulse, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for perm its* including Town of Southold agencies, shall com plete this CCAF for proposed actions that are subject to the Town of Southold W aterfront Consistency Review Law. This assessm ent is intended to supplem ent other inform ation used by a Town of Southold agency in m a k in g a d e t e r m in a t i o n o f c o n s is 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, listing both supporting and non- suQportine 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 Plan ' libraries and the Town Clerk's office. . M B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 26 - i 17.1 JAN 2 4 20114 PROJECT NAME John & Sarah Henry5Jai+rS oar c rus es 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) (c) Permit, approval, license, certification: 014 Nature and extent of action: k FEB 3 See attached JOHN & SARAH HENRY 2440 VILLAGE LANE ORIENT, NY SCTM #1000-26-1-17.1 Nature and extent of action: Perform ordinary and usual maintenance activities on an existing fixed, "J" shaped pier, which pre -dates 1955 and consists of an 8' x 152' shore -perpendicular section and 10' x 36' and=�.ene hore-parallel sections, including: 1) as -built repairs following Hurriccluding installation of new 2" x 10" untreated decking and replacement of storm damaged inside pilings, caps, and stringers; and 2) proposed repairs of additional storm damage caused by Hurricane Sandy, including installation of additional 2" x 10" untreated decking and replacement of additional 10" inside pilings, 6" x 6" caps and outside stringers, and 4" x 6" inside stringers, all as depicted on the survey prepared by Nathan Taft Corwin III Land Surveyor, last dated November 1, 2013. All policies are indicated as "Not Applicable" because it is our understanding pursuant to Section 268-5 ("Review if Actions") of the Town Code and the corresponding definitions of "action" and "minor action" set forth in Chapter 268-3 ("Definitions"), the project meets the definition of a minor action and is thus exMFF6�;' � consistency__..____ review. Specifically, because the repairs constituteand not a "restoration" pursuant to Chapter 111 of the Town Coden enclosed survey), they are not subject to the requirements of a Coastal Erosion Management Permit and thus meet the following definition of a "minor action" pursuant to Chapter 268: "B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site (in place)... except for structures in areas designated by the Coastal Erosion Hazard Area (CERA) law where structures may not be replaced, rehabilitated, or reconstructed without a permit..." That is, so long as the repair work does not re ire a Coastal Erosion Management Permit, then the work meets this definition of a ' or action and is exempt from review pursuant to Chapter 268. Location of action: John & Sarah Henry Site acreage: 12,680 s.f. Present land use: Residential single family dwelling Present zoning classification: R-40 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: John & Sarah Henry (b) Mailing address: 54 Riverside Drive, Apt. 16B New York, NY 10024 (c) Telephone number: Area Code 212-7994816 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No ❑ If yes, which state or federal agency?NYS DEC, USA COE & 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 1:1 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 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 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 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 ® 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 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 r PREPARED BY Amended on 811105 TITLECoastalMgmt.Specialist DATE 1/16/14 01, 8 RY 6 L \. 02 °F r \� Ns 0 \ 90 00 \ �J \ Z y\ y� S\ �y \f r� EXISTING FIXED TIMBER DOCK TO BE PERMITTED PURSUANT TO \ CHAPTER 275 FOR THE PURPOSE OF ESTABLISHING THE ABILITY \ TO UNDERTAKE "ORDINARY AND USUAL MAINTENANCE," I.E., ACTIONS NOT AFFECTING MORE THAN 75% OF THE STRUCTURE, AND/OR "NORMAL MAINTENANCE" AS DEFINED BY CHAPTER 111, I.E., "PERIODIC REPLACEMENT OR REPAIR OF SAME -KIND STRUCTURAL ELEMENTS OR PROTECTIVE COATINGS WHICH DO NOT CHANGE THE SIZE, DESIGN, OR FUNCTION OF A FUNCTIONING STRUCTURE" AND WHICH "DOES NOT REQUIRE A COASTAL EROSION MANAGEMENT PERMIT" PURSUANT TO CHAPTER 111. * (THE TOTAL COST OF REPAIRS MAY NOT EXCEED 50% OF THE ESTIMATED FULL REPLACEMENT COST OF THE STRUCTURE AT THE TIME OF REPAIR, AS ANY SUCH REPAIR WOULD CONSTITUTE A "RESTORATION" AND REQUIRE A COASTAL EROSION MANAGEMENT PERMIT PURSUANT TO CHAPTER 111). of . ',� • ' . . 4 a. y9 U. �� 0 $$ \ �; 4 ' t^,• •• A. . r ..Ilk a' • . spy .. • of . ',� • ' . . 4 y9 U. �� 0 $$ \ �; a00 s e.• . E SNf9 "s\ . 1� h CI4 �A ' \ I y°,A ° °y N I o �. / / crp X52 / NGN via �_P6tP CD. / / / HEDGE \ CONC. W 63.33' 82.52900„ B og'VEYER JR. JOHMN . R BREDEMEYER & JEANNE C V SURVEY OF PROPERTY SI T UA TE ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-26-01-17.1 SCALE 1 ”=20' FEBRUARY 1, 2012 MAY 10, 2012 ADDED DOCK NOTE MAY 17, 2012 ADDED CZM LINE NOVEMBER 1, 2013 CORRECT SOUTH PROPERTY LINE LOCATION AREA = 12,024 sq. ft. (TO TIE LINE) 0.276 ac. GENERAL NOTES: DOCK REPAIR NOTES ARE FROM OWNER AND OTHER CONSULTANTS. PROPOSED REPAIRS TO EXISTING FIXED TIMBER DOCK AS OF 6/11/13 INCLUDE: 1) AS—BUILT REPAIRS FOLLOWING HURRICANE IRENE, INCLUDING INSTALLATION OF NEW 2" x 10" UNTREATED DECKING AND REPLACEMENT OF STORM DAMAGED INSIDE PILINGS, CAPS, AND STRINGERS (ACTUAL COST = $18,450) 2) PROPOSED REPAIRS DUE TO DAMAGE CAUSED DURING HURRICANE SANDY, INCLUDING REPLACEMENT OF ADDITIONAL 10" INSIDE PILINGS, 6" x 6" CAPS AND OUTSIDE STRINGERS, AND 4" x 6" INSIDE STRINGERS; AND INSTALLATION OF ADDITIONAL 2" x 10" UNTREATED DECKING (ESTIMATED COST = $8,700) 4) TOTAL COST OF AS—BUILT AND PROPOSED STORM DAMAGE REPAIRS = $27,150 3) ESTIMATED FULL REPLACEMENT COST OF DOCK AS OF 4/6/13 = $202,700 5) TOTAL COST OF AS—BUILT AND PROPOSED REPAIRS AS PERCENTAGE OF ESTIMATED FULL REPLACEMENT COST OF DOCK = 13.4% 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 INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS 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 INSTI— TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. LJN 2 4 20111 PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I kL.S. AND APPROVED AND ADOPTED FOR SUCH USE BYeTHE NEW YORK STATE LAND TITLE ASSOCIATION. N.Y.S. Lic. No. 50467 Lathan Taft Corwin III Land Surveyor Successor To: Stanley J. Isaksen, Jr. L.S. Joseph A. Ingegno L.S. Title Surveys — Subdivisions — Site Plans — Construction Layout PHONE (631)727-2090 Fax (631)727-1727 OFFlCES LOGATED AT MAILING ADDRESS 1586 Main Road P.O. Box 16 Jamesport, New York 11947 Jamesport, New York 11947 . r W. e.• . E SNf9 "s\ . 1� h CI4 �A ' \ I y°,A ° °y N I o �. / / crp X52 / NGN via �_P6tP CD. / / / HEDGE \ CONC. W 63.33' 82.52900„ B og'VEYER JR. JOHMN . R BREDEMEYER & JEANNE C V SURVEY OF PROPERTY SI T UA TE ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-26-01-17.1 SCALE 1 ”=20' FEBRUARY 1, 2012 MAY 10, 2012 ADDED DOCK NOTE MAY 17, 2012 ADDED CZM LINE NOVEMBER 1, 2013 CORRECT SOUTH PROPERTY LINE LOCATION AREA = 12,024 sq. ft. (TO TIE LINE) 0.276 ac. GENERAL NOTES: DOCK REPAIR NOTES ARE FROM OWNER AND OTHER CONSULTANTS. PROPOSED REPAIRS TO EXISTING FIXED TIMBER DOCK AS OF 6/11/13 INCLUDE: 1) AS—BUILT REPAIRS FOLLOWING HURRICANE IRENE, INCLUDING INSTALLATION OF NEW 2" x 10" UNTREATED DECKING AND REPLACEMENT OF STORM DAMAGED INSIDE PILINGS, CAPS, AND STRINGERS (ACTUAL COST = $18,450) 2) PROPOSED REPAIRS DUE TO DAMAGE CAUSED DURING HURRICANE SANDY, INCLUDING REPLACEMENT OF ADDITIONAL 10" INSIDE PILINGS, 6" x 6" CAPS AND OUTSIDE STRINGERS, AND 4" x 6" INSIDE STRINGERS; AND INSTALLATION OF ADDITIONAL 2" x 10" UNTREATED DECKING (ESTIMATED COST = $8,700) 4) TOTAL COST OF AS—BUILT AND PROPOSED STORM DAMAGE REPAIRS = $27,150 3) ESTIMATED FULL REPLACEMENT COST OF DOCK AS OF 4/6/13 = $202,700 5) TOTAL COST OF AS—BUILT AND PROPOSED REPAIRS AS PERCENTAGE OF ESTIMATED FULL REPLACEMENT COST OF DOCK = 13.4% 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 INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS 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 INSTI— TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. LJN 2 4 20111 PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I kL.S. AND APPROVED AND ADOPTED FOR SUCH USE BYeTHE NEW YORK STATE LAND TITLE ASSOCIATION. N.Y.S. Lic. No. 50467 Lathan Taft Corwin III Land Surveyor Successor To: Stanley J. Isaksen, Jr. L.S. Joseph A. Ingegno L.S. Title Surveys — Subdivisions — Site Plans — Construction Layout PHONE (631)727-2090 Fax (631)727-1727 OFFlCES LOGATED AT MAILING ADDRESS 1586 Main Road P.O. Box 16 Jamesport, New York 11947 Jamesport, New York 11947