HomeMy WebLinkAbout1000-51.-6-40OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
pF SOCA
UTyo�
COUNTY,
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
D o
To: John Bredemeyer, President
Town of Southold Board of Trustees
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: November 19, 2014
Re: Proposed for Wetland Permit ANDREW & LINDA TOGA
SCTM# 1000-51-6-40
Jeffrey Patanjo on behalf of ANDREW & LINDA TOGA request a Wetland Permit to remove existing
fixed pier, ramp and float; install new 4'x56' fixed pier consisting of a 4'x8' top platform to 4'x5' set of
stairs to a 6'x6' middle platform to second set of 4'x5' stairs to a 4'x32' pier; a 3'x12' aluminum ramp;
and a 6'x20' floating dock supported by two (2) 8" diameter piles in same alignment as existing.
Located: 2425 Mill Creek Drive, Southold. SCTM# 51-6-40
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:
The proposed configuration does not comply with the permitted dock.
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.
A dock structure was permitted in 1981. The permitted dock structure consisted of a 3' x 10' dock,
ramp, 8'x 12' floating dock and 4'x 10' floating dock. The newly proposed dock would extend
further into the water body than the existing permitted dock.
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:
[1 ] Whether the dock will impair navigation or be located in areas of high vessel traffic or
vessel congestion;
The proposed dock extension would extend into the public waters fourteen feet (141
farther than the existing dock. The increased draft of larger vessels and decreasing
water depths do not warrant incremental extension of permanent, private, dock
structures in public water bodies.
Further the proposal may not meet Chapter 275 standards which state: In determining
the permitted length of a proposed residential dock, the Board shall seek to maintain
lengths consistent with the other docks (i.e., pier line) in the waterway. It is unknown if
the proposed dock would conform to the existing "pier line". A vessel is also not shown
as required.
Lastly, an analysis of existing, adjacent dock lengths in relation to the proposed dock
has not been provided.
[2] Whether the dock will unduly interfere with the public use of waterways for swimming,
boating, fishing, shellfishing, waterskiing and other water -dependent activities;
Private, dock structures extending into public waters decreases the public use of
bottomlands and the nearshore area.
[5] Whether the dock will cause degradation of surface water quality and natural resources;
Hashamomuck Pond is a Significant Coastal Fish and Wildlife Habitat and is a
valuable pond/wetland on the north fork of Long Island but its value is reduced by
human disturbance and water pollution. The pond still provides a valuable habitat
for a variety of fish and wildlife. The pond also serves as a habitat for finfish and
shellfish including bay scallops and hard clams and is one of the top areas for
hard clam and scallop harvesting in Southold (NYDOS)
[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
Unrestricted use of motorized vessels including personal watercraft in the
protected, shallow waters of bays, harbors, and tidal creeks can have adverse
effects on aquatic vegetation and fish and wildlife populations. Use of motorized
vessels should be controlled (e.g., no wake zones, speed zones, zones of
exclusion) in and adjacent to shallow waters and vegetated wetlands. (NYSDOS)
The alternative use of seasonal moorings in areas of low biological productivity
and with adequate water depths is a better option to accommodate vessels
requiring greater water depths.
[12] Whether adequate facilities are available to boat owners and/or operators for fueling,
discharge of waste and rubbish, electrical service and water service.
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.
The dock structure will extend further into public waters resulting in a net
decrease in public access to public underwater lands and the nearshore area.
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
pleas 6uiuueid
unnol ploq1noS
Town of Southold � � Q � (1 � r10 N
CONSISTENCY ASSESSMENT FORM 1 n
LWRP �T � C
A. INSTRUCTIONS \
1. All applicants for pemiits* 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
SCTM#
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PROJECT NAME , T•� p- �e s�dvnte - aW a5 ^'l Or. e, esT
The Application has been submitted to (check appropriate response):
Town Board ❑ Planning Board ❑ 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:
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(Sue 0-40AEA)
Nunemaker, Amanda
From: Jeffrey Patanjo <jpatanjo@optonline.net>
Sent: Tuesday, October 28, 2014 11:12 AM
To: Nunemaker, Amanda
Subject: RE: Toga Application
Amanda,
The dimensions are as follows:
32'x 4' wide pier
5'x 4' wide stairs
6'x 6' platform
5'x 4' wide stairs
8'x 4' wide platform at top
Let me know if you need anything else.
Thanks,
Jeff
On Tue, Oct 28, 2014 at 09:25 AM, Nunemaker, Amanda wrote:
Hey Jeff,
Looking at the site plans for the Toga dock proposal, I noticed on the plans that part of the fixed dock is going
to be composed of platforms and steps. Can you please provide me with the dimensions of these?
Thanks!
.Iman.da. -Nunemaker
Town of SouthoCd
Boardof Trustees
Phone: 631-765-1892
1
Location of action: 0 y S M,11 e"&,4 0Atvt- we %,r c,., irk e l if
Site acreage: .0• 4 719
Present land use:
Present zoning classification:_ ,les
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: ANO �rcw I II nom- T�a0-
(b) Mailing address: /to ST 6e.- t 16,1~ DR-.
Sc.1'4VlIcT,_ JI)y 11733
(c) Telephone number: Area Code ( ) 5,16 - q %,3 6$53
(d) Application number, if any;
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? NKsoeg4k" 0.0
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 eMcient 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.
RrYes ❑ No ❑ Not Applicable
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LMW Section III = Policies Pages 3 through 6 for evaluation criteria
0 Yes ❑ No 1-=1 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
Qf/dlcC ��o,i dsS w, �+cr✓ S 'tvc�..�t et-vC1G{"en^1
�.oG �, a2oG1GS ra✓ Mev
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LNVRP
Section III — Policies Pages 8 through 16 for evaluation criteria
❑ Yes ❑ No ENot 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 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.
WORIMG 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.
RYes ❑ No ❑ Not Applicable
N
Attach additional sheets if necessary
t� e
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 EJ <t 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 2/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 EfNot Applicable
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HATERS EDGE VARIES FROM RECORD LING.
CERTIFIED TO.
ANDREW E. TOGA & LINDA M. TOGA
TELLUS ABSTRACT INC.
SURVEY OF
DESCRIBED PROPERTY
AT SOUTHOLD, TOWN OF SOUTHOLD,
SUFFOLK COUNTY, NEW YORK
SCTM. 1000-051.00-06.00-040.000
/OEMdES
SCALE: 1"-30'
DRAWN BY. R.K.H.
FILE No.: Q199—fl
DATE: JUNE 16, 2011
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274 EAST MAIN STREET
EAST ISLIP, N.Y. 11730
TEL: 631-277-3605
PAX. 631-277-5906
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WITH 6"X6' TCCA 0 8' O.C. (TYPICAL BOTH SIDES). NEW PIER TO
BE PLACED IN SAME LOCATION AS EXISTING
PROPOSED 'X6�ANDJNG—
MNi � _
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/ALL BENTS TO HAVE 2-6X6 POSTS ONLY T/
OPOSED 3-6X6 POST BENT AT END OF PIER ONLY
;�,�41VIOVE
EXISTING FLOAT, RAMP & PILES
22"
31"
as" r..n EXISTING ADJACENT DOCK
ARSHAMOMAQUE POND
WATER DEPTH IN INCHES REFERENCED TO MLW AS MEASURED BY
MICHAEL K. WICKS, LAND SURVEYING. ON SEPTEMBER 14, 2014
AT 10:00 AM UTILIZING SOUNDING POLE W/ 6" DISK ON DOTTOM.
NOTES:
1. ELEVATIONS REFER TO N.G.V.D. 1929 DATUM
2. LOT AREA: 20,899.08 S.F. / 0.4798 ACRES
3. PORTIONS OF PLAN FROM SURVEY PREPARED BY:
LISA McQuilkin LAND SURVEYING
274 EAST MAIN STREET EAST ISLIP, NY
SURVEY LATEST DATED JUNE 16, 2011
E
PROPERTY OWNER:
ANDREW & LINDA TOGA
16 ST. GEORGE GLENN DR.
SETAUKET, NY 11733
PREPARED BY:
JEFFREY PATANJO
106 HEWITT BOULEVARD
CENTER MORICHES, NY 11934
631-484-9332
PROPOSED HINDGED RAMP
12' LONG X 3' WIDE
PROPOSED 20' LONG X 6' WIDE FLOATING DOCK
W/ 2-8"0 PILES
Southold Town
Planning Board
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PROPOSED jib' LONG 4' WIDE FIXED ELEVATED PIER SUPPORTED
WITH 6"X6' TCCA 0 8' O.C. (TYPICAL BOTH SIDES). NEW PIER TO
BE PLACED IN SAME LOCATION AS EXISTING
PROPOSED 'X6�ANDJNG—
MNi � _
M '07 117.44 M.C.-W.
/ALL BENTS TO HAVE 2-6X6 POSTS ONLY T/
OPOSED 3-6X6 POST BENT AT END OF PIER ONLY
;�,�41VIOVE
EXISTING FLOAT, RAMP & PILES
22"
31"
as" r..n EXISTING ADJACENT DOCK
ARSHAMOMAQUE POND
WATER DEPTH IN INCHES REFERENCED TO MLW AS MEASURED BY
MICHAEL K. WICKS, LAND SURVEYING. ON SEPTEMBER 14, 2014
AT 10:00 AM UTILIZING SOUNDING POLE W/ 6" DISK ON DOTTOM.
NOTES:
1. ELEVATIONS REFER TO N.G.V.D. 1929 DATUM
2. LOT AREA: 20,899.08 S.F. / 0.4798 ACRES
3. PORTIONS OF PLAN FROM SURVEY PREPARED BY:
LISA McQuilkin LAND SURVEYING
274 EAST MAIN STREET EAST ISLIP, NY
SURVEY LATEST DATED JUNE 16, 2011
E
PROPERTY OWNER:
ANDREW & LINDA TOGA
16 ST. GEORGE GLENN DR.
SETAUKET, NY 11733
PREPARED BY:
JEFFREY PATANJO
106 HEWITT BOULEVARD
CENTER MORICHES, NY 11934
631-484-9332
PROPOSED HINDGED RAMP
12' LONG X 3' WIDE
PROPOSED 20' LONG X 6' WIDE FLOATING DOCK
W/ 2-8"0 PILES
Southold Town
Planning Board
u' L, T I I
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_ _ _ LOCATION
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PROJECT LOCATION
MAP
—
N.T.S.
14
6'
56-
20"
OVE ALL PIER LENGTH
OVERALL
PROPOSED 4' W DE FIXED PIER
12
\
2 PER BEN EXCEPT END OF
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10
ALUMINUM HINDGED RAMP
8
PROPOSED 6' WIDE X 20'
LONG
ING DOCK
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EL. 2.5±
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APPROXIMATE M.L.W
EL. O.Of
0
—
PROPOSED
-2
-4
-6
TYPICAL SECTION
SCALE: H: 1 "=20'
V: 1 "=2'
PROPERTY OWNER:
ANDREW & LINDA TOGA
16 ST. GEORGE GLENN DR.
SETAUKET, NY 11733
PREPARED BY:
JEFFREY PATANJO
106 HEWITT BOULEVARD
CENTER MORICHES, NY 11934
631-484-9332
d Dock & Float Permit SCALE:
AS NOTED
PICAL SECTION & DATE:
3o
WATER DEPTH IN INCHES REFERENCED TO MLW AS MEASURED BY
LOCATION MAP 9-2s-,4
PTAX
MICHAEL K. WICKS, LAND SURVEYING. ON SEPTEMBER 14,
2014
AT 10:00 AM UTILIZING SOUNDING POLE W/ 6" DISK ON
DOTTOM.
MILL CREEK DRIVE WEST
HOLD, TOWN OF SOUTHOLD
SUFFOLK COUNTY, NY SHEET:
AP N0. 1000-051-06-40 2 of z
8" 0 PILE
EXISTING GRADE
— — — — —
—
20"