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Home My WebLink About1000-86.-2-1.2OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 0 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 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: November 17, 2014 Re: Proposed for Wetland Permit JOHN FISCHETTI SCTM# 1000-86-2-1.2 A permit for a fifty-six (56') long dock structure was issued in 1980. The proposed configuration does not comply with the previously permitted dock. Suffolk Environmental Consulting on behalf of JOHN FISCHETTI requests a Wetland Permit to remove existing dock and construct a 4'x112' elevated catwalk; a 3'x15' hinged ramp; and a 6'x20' floating dock; all materials to be non -treated and all hardware to be hot -dipped galvanized. Located: 2615 Wells Road, Peconic. SCTM# 86-2-1.2 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. 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 ninety-one feet (911 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. Alternatives such as a seasonal mooring in areas with adequate water depth is a better option. 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". 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; Richmond Creek is a New York State Significant Coastal Fish and Wildlife Habitat and New York State Department of Environmental Conversation Critical Environmental Area. Waterfowl species observed overwintering in the Richmond Creek area include Canada goose, American black duck, mallard, oldsquaw, bufflehead, red -breasted merganser, surf scoter, and common goldeneye. Richmond Creek is also a productive habitat for finfish, shellfish and crustaceans, including blue claw crabs, clams and scallops. The creek is one of the top two creeks for crabbing in the Town and is also important for clamming (NYSDEC). [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 Any activity that would substantially degrade the water quality of Richmond Creek would adversely affect the biological productivity of this area. All species of fish and wildlife are affected by water pollution, such as chemical contamination (including food chain effects as a result of bioaccumulation), oil spills, sedimentation, excessive turbidity, stormwater runoff, and waste disposal (including boat wastes). 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 Form TS 1 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM (0 L5 VL �Southoltl Town Planning Board 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 significant. 3. If any question in Section C on this form is answered "yes" or "no", then the pr9rosed action will affect the achievement of the LWRP policy standards and conditions contairte6 in the consistency review law. Thus each answer must be explained in detail fistine botKsuvportim and non- supportim ! facts.. If an action cannot be certified as consistent with t LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: onli at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, a Planning Department, all local libraries and the Town Clerk's office. F 17' B. DESCRIPTION OF SITE AND PROPOSED ACTIO !r J� 28 2r!11,41 SCTM# 086 - 02 - 001.2 The Application has been submitted to check appropriat respo e): Town Board ❑ Planning Dept. ❑ Category of Town of Southold agencA action ( (a) Action undertaken directly by'. construction, planning activity, (b) Financial assistance (e.g. grant, (c) Permit, approval, license, certification: ❑ Board of Trustees appropriate response): bncy (e.g. capital regulation, land transaction) ❑ Y) ❑ /1 Nature and extent of action: Applicant proposes to reconstruct / reconfigure the original Dock Assembly located along the northeastern shoreline and Richmond Creek that was damaged during VFFVr Location of action: 2615 Wells Road ■ Peconic ■ Town of Southold • New York Site acreage: 2.9 ± acres Present land use: Single Family Residential Present zoning classification: R-40 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: JOHN FISCHETTI (b) Mailing address: 504 East 63`d Street • Apartment 235 • New York, NY 10065 (c) Telephone number: Area Code (917) 723 — 7420 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No N If yes, which state or federal agency? 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 Subject proposal is consistent with the policy in that the siting/utilization of the reconstructed dock assembly will maintain the character of the surrounding neighborhood, which currently consists of many similarly -improved residential lots with similar accessory structures (i.e. dock assemblies along Richmond Creek). In addition, subject proposal will be in harmony with the "...beneficial use of a coastal location..." in that the legally created residential waterfront (i.e. coastal) lot will be enhanced by the reconstructed dock assembly in order to maintain access to the contiguous surface waters. Accordingly, we believe that this project is consistent with this policy. 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 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 5 through 7 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the surrounding area is currently comprised of properties improved with similar appurtenances (i.e. dock assemblies) of equal, if not greater, size and scope. Scenic resources, assumedly views of Richmond Creek, are not at risk due to the reconstructed dock assembly being typical of the character of this section of waterfront. Accordingly, this proposal will comply with Policy 3. 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 Subject proposal will fully comply with Policy 4 in that the reconstructed dock assembly is designed to be comparable in design and scope as that of the surrounding dock assemblies, which have not resulted in loss of life, structures, and natural resources within this area. Accordingly, this proposal will comply with Policy 4. 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 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 Subject proposal will maintain the quality of the surrounding ecosystem in that this structure has existed herein for many years harmoniously within the immediate environment, which are structures tvoical within this area which themselves have not resulted in significant effects to the surrounding ecosystem. Accordingly, this proposal will comply with Policy 6. 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 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 Not Applicable. Attach additional sheets if necessary 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 Not Applicable. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependence uses in suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria ❑ Yes ❑ No ® Not Applicable 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 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 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 Not Applicable. Attach additional sheets if necessary M08 DuluuEld uPA0.1 P10gjnoS t,7 0 I AON m. SEE SEC SEE SEG SEE SEC. NO. Ws .:. •. ,. SEE SEC x0 ors SEE SEC rv0 Ws —rvOsuNE 8 WTCN �— �.. SEE SEC xp. Y)5 _ _ _ x , .W — _— ---_ _—�— --- —__ --_ PCIS —_--_—___— ✓' WTLH v FOR PCE. NO FOH NO a FOR PC�NO a 0)50— SEES. No 0 SSMC.; O. FOR PCE NO 8 G)3�)SFc NO 01 s v 52A(.) 31 �a` t`tGNW, �o r.eaa I SA QO' ,em's aw , E� NNIS is OO IBJ ass a e R. z.,gGl � n 25slcl \ Y 3.IA �r \ 5':.m Alt • .]oR '" ':u. Ar � •p a S ; o .. a 5 a \\ )s ua� isail . .21 33 ♦t2 im cMwo 5 mus F I 2 / \ r rA •i ].S1 22 as' n 9r ],^ { 5�` _ uss roV) r2.) s0] +s rws.�mwuoisgl0 ^p� W. e dSN •. RON GREEK A = .s• / / IE Pc� SE E 11 SfC rvO a � tyNM°� is 1�1 i iiA t S. Ks ' AOR N S.Jact V,F 2 st'lc] nµ� TIO ta] ram+aawm ^r°"° �m+�F M12 Wgs ' `Rbc 2 14i ni .incl FOR PCE. N01--- — LNE FPS 3 o x11-EEsE. x13 a • sEE=F. w NE -- NN.osG,,, y — --Z ux[ aP Mw CH LINE SEE SEC. NO. X NIACN � / OGS , SFE SEC. xO p E iA El .. ,_ ^^ -- -- --^-- NOTICE 9" COUNTY OF SUFFOLK C K o. sou Non SEICrION No 1211 O E m .cmc of Real Property Tax Service Agency r N c..rmc.N..ro..rn.w.Nrt,wt ' A 86 1 PROPE Rtt Mr FISCHETTI Property Situate: 2615 Wells Road ■ Peconic ■ New York SCTM #: 1000 — 086 — 02 — 001.002 (Photo taken on June 3, 2014) Photograph indicating the original dock structure that was heavily damaged during Hurricane Sandy in October, 2014. The proposed Dock Structure will be located in the same location. Photograph taken from the easterly section of subject property, facing southeast, overlooking Richmond Creek. NOV 10 2014 Southold Town Planning Board FISCHETTI Property Situate: 2615 Wells Road ■ Peconic ■ New York SCTM #: 1000 — 086 — 02 — 001.002 (Photo taken on June 3, 2014) Photograph indicating the original dock structure that was heavily damaged during Hurricane Sandy in October, 2014. The proposed Dock Structure will be located in the same location. Photograph taken from the easterly section of subject property, facing northeast, overlooking Richmond Creek. FISCHETTI Property Situate: 2615 Wells Road ■ Peconic ■ New York SCTM #: 1000 — 086 — 02 — 001.002 (Photo taken on June 3, 2014) Photograph indicating the original dock structure that was heavily damaged during Hurricane Sandy in October, 2014. The proposed Dock Structure will be located in the same location. Photograph taken from the easterly section of subject property, facing northeast, overlooking Richmond Creek. 'D ECEHE i NOV 1.0 1014 Southold Town Planning Board FISCHETTI Property Situate: 2615 Wells Road ■ Peconic ■ New York SCTM #: 1000 — 086 — 02 — 001.002 (Photo taken on June 3, 2014) Photograph indicating the original dock structure that was heavily damaged during Hurricane Sandy in October, 2014. The proposed Dock Structure will be located in the same location. Photograph taken from the easterly section of subject property, facing southeast, overlooking Richmond Creek. FISCHETTI Property Situate: 2615 Wells Road ■ Peconic ■ New York SCTM #: 1000 — 086 — 02 — 001.002 w " SUBJECT PROPERTY 1'�F:FLL', FG II o11 WlIFI 'A 25'•-AELL5RD .� n&i •,SELLS RD f'� -� 2765,%ILLS RD ! L J�® 1 \ 2850 ELLSRD S 'P73 ?vELLS RG �� N M I 6 00-14 � � Sodbutboldwn � Yluf., tiELLSRD � . Plaftngiftard 3]65 ,SELLSfS _ SITE PLAN Scale: 1.0" -- 30.0' 0SrATM 0SMW + SrA TAN (0 85' 30. GAR. CL rn STY. HSE. + & GAR. F.F. PW rAWO\ K ,� � 1 t ' ti� V) Date: 9.2.5.201+ Scale: 1.0" = 30.0, Drawn by: rnji Comments: Frej2areJ for regulatory su6mission.; adapted from the Peconic5urvegors survey of the Property. PROPOSED DOCK ASSEMBLY FL -W1 [0 ro am OE 400' ± to opposite s mmalu] 146.0'± in total length RICHMOND CREEK F � J U L4 IN() V SoutholdTown Planning Board SUFFOLK ENVIRONMENTAL CONSULTING, INC. P.O. Box 2003 - Bridgehampton - New York, 11932 (631) 537 — 5160 (office) - (631) 537 — 5291 (facsimile) /L'T 2 8 —14 ne SITE PLAN DETAIL PROJECT SPECIFICATIONS Scale: 1.0" = 30.0' Applicant proposes to reconstruct / reconfigure the original Dock Assembly located along the northeastern shoreline and RICHMOND CREEK Richmond Creek that was damaged during Hurricane Sandy in October, 2012. The remnants of the existing dock are to be removed. WETLANDS BOUNDARY, as per SUFFOLK PROPOSED FLOATING DOCK ENVIRONMENTAL CONSULTING, INC. (6.0' x 20.0') The proposed Dock Assembly is to consist of: (May, 2014) PROPOSED HINGED RAMP Elevated ' (3.0' x 15.0') PRO OSED ELEVATED CATWALK (1) Catwalk (4.0' x 112.0') secured by thirty-four 34 timber pilings 6" round (4.0'x 112.0") (2) Hinged Ramp (3.0'x 15.0'); and �Xls I an 2 (3) Floating Dock (6.0' x 20.0') secured by four 112.0' (4) timber pilings (8" round). �� .! .zw All materials to be non -treated and all hardware to be hot- *� dipped galvanized. 400' ± to opposite shoreline All soundings to be referred from the Low Water Mark 15.0' 85' ± to garage r271 r27_013, (LWM). F I �� 9 E i NOV �;.. I _ Southold Tovv _ i NOTE: Remnants of existing dock (i.e., Delap. Planning Board Dock) to be removed. Date: 9.2 3.2o l 4 SUFFOLK ENVIRONMENTAL CONSULTING, INC. Scale: 1.0" = 10.0' f Drawn by: mdi of P.O. Box Zoos • Bridgehampton •New York • 11932 Comments: repared for regulatory submission.; adapted from tine Peconic '5urve! ors surveu of the property. (631) 537 — 5160 (office) • (6s 1) 537 — 5291 (facsimile) SOUTHERLY ELEVATION Scale: 1.0" = 10.0' 4- 85'± to NE Dwelling Corner 112'± ! MnPORRD RI.R.VATPD CATWALK 400'± to Opposite Shoreline 0 _ 20'± -- so r Date: 9.23.201+ Scale: 1.0" = 30.0' ± Drawn by: mdi Comments: Pre-12arcJ for regulatory submission.; adapted from tine Feconic Surveyors survey of tic Propertq. TIMBER PILINGS (81 typ.) SUFFOLK ENVIRONMENTAL CONSULTING, INC. P.O. Bos 2003 . Bridgehampton • New Fork • 11932 (631) 537 — 5160 (office) 1 (631) 537 — 5291 (facsimile) ELEYA17ONS & CQNTOLM ARE RErfMWCW TO NA MD 00 FLOOD zoNE nwm F111xt MAP MEM ER 36103COlM 0 Nlp arm r mmt. ty /72&o7, 4 ■IM r J ! ( t � 1 yti � uwtrQ se4�w-w +� RE'fxAR YpItAIK'NT +� 11E71AW FLAGS ANY ALIERAIIAN OR AWMN M TANS ,41NWY LS A WOLAPM W SECAQM 7?WfF DW AW TURK SWE OW-AIRW LAW EXCEPT AS PER SECMN 7,?W-SLIMVISW 7 ALL CERMICAM NS AIE M-aV ARE' Ia" Fi1R WS YAP ANC 40AIES JJMAF My F SW YA? OR CGPXS GEAR A1E Amo SEAL OF INE "WYOR WOSE awnff AWWMeS 1MLw N/O/F- ,IDA,N M CLMo)t OSVOCA✓9CE IwSr AREA -109,19930. FT. TO 77E LINE p SURVEY OF PROPERTY AT PEpCONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y, 1000—M—A2 12 sc: a �sf° .aaW 6.2014 JUAfE 24 2014 n to ti EFi r�vj Eb"1 [J ET-il Flit EPI F-4 R T,ry M [1]t TFL fTY 117 cri [)9 L7! M FU Fry ET -A E w 0 , (+631) 765-5070 FAX (631) 765-1797 1? a eax 909 1230 IRA MER STREET 4 nQ� At