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Home My WebLink About1000-57.-2-29To J OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 -�k MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM John Bredemeyer, President Town of Southold Board of Trustees From: Mark. Terry, Principal Planner LWRP Coordinator Date: September 15, 2014 Re: Proposed Wetland Permit for WILLIAM & THERESA KAINZBAUER SCTM# 1000-57-2-29 The proposed action is located within a New York State Department of State Significant Fish and Wildlife Habitat Area, a New York State Critical Environmental Area and a Peconic Estuary Critical Natural Resource Area. No Wetland Permits were found for the "similar" dock structures to the west of the proposed dock as shown in the application. Costello Marine Contracting Corp. on behalf of WILLIAM & THERESA KAINZBAUER requests a Wetland Permit to construct a 4'x64' fixed catwalk with a 4' wide stairway at offshore end; add install seasonal storage racks for kayaks along sides of catwalk. Located: 295 Island View Lane, Greenport. SCTM# 57-2-29 Although not shown, MLW is expected to be O.Oft. It is recommended that the Board require MLW be shown. 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 LWRP and listed policy standards provided below. Figure 1. Subject parcel showing no water 2013 Aerial. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 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 The applicant fails to prove that the action meets the following requirements § 275-11 Construction and operation standards C. 2 (d) of the Southold Town Code: (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; MLW is expected to be 0.0 feet. Areas with inadequate water depths where docks are located contribute to bottom scarring and adverse impacts to benthic marine life. [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; The proposed action is located within a New York State Critical Environmental Area. At the discretion of the Board of Trustees, any operations proposed in critical environmental areas & 275- 2) may be subiect to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of structures, and increasing the width of non -disturbance buffers. The dock is also located within a Significant Fish and Wildlife Habitat Area. Construction of shoreline structures, such as docks, piers, bulkheads, or revetments in areas not previously disturbed by development. may result in the loss of productive areas which support the fish and wildlife resources of ConklinQ Point (NYSDOS). [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; The area at the end of the dock is an exposed mudflat, therefore shellfish would be an affected species that would occur in the area. The applicant indicates that access to the site would be by barge. Will the barge sit on the mudflat during low tide impacting shellfish? [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 Dock construction will adversely impact salt marsh vegetation in the construction of the dock. Further, NYSDOS indicates that "Nesting shorebirds inhabiting Conkling Point are highly vulnerable to disturbance by humans, especially during the nesting and fledging period (March 15 throuqh August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminate the use of this site as a breeding area and should be minimized during this period. Recreational activities (e.g., boat and personal watercraft landing, off-road vehicle use, picnicking) in the vicinity of bird nesting areas should be minimized during this period." The construction method has not been identified. $ 275-11 Construction and operation standards requires that all intertidal construction and excavation employ the installation of a silt boom that will retain all suspended sediments within the immediate project area. An alternative design to the dock structure is maintain the existing mowed path to the water body to launch kayaks. Further access to public waters can be achieved at the end of Island View Lane located approximately 228' to the residential dwelling. Figure 2. Subject parcel showing water access path. T, Figure 3: Public access to waters approximately 228' from the property 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. The applicant eniovs access to public waters to launch kayaks via an existing path on the property and at the end of Island View Lane (approximatelv 228' from the property). 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 savrom �^ AMNIM soorMPta any► VIclAi!Tr A4A;= VOAP M.v1.w! WOC7n! 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G d O L ��.tl�. :So cI - C v 6rt Sipe l` =k o ow w R 07.24.2014 11 03 Bill Kainzbauer + 7/24/14 b .r ttr'J 7 4 e IfJ�)s L-Ud �.r�cJ �aU�—fit 6vtSJc �o��' g1` m,',-7 16 �- 4;--07-f,v o r1G✓�- 4;--07't'v 4t -or !' VICu) OF S1%L . Y w/tc,� "PR4." o f3es4�vxAgr d:z7-4) A K aWbauer Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS SEP 22014 Southold ToW" --� 1. All applicants for permits* including Town of Southold agencies, shal P1�AF fo proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. 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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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 O local libraries and the Town Clerk's office. �4=_s� �j B. DESCRIPTION OF SITE AND PROPOSED ACTION t 57 2 29 AUG 2 2 SCTM# - - The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ 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: Q Nature and extent of action: Construct a 4 x64' fixed catwalk with a 4' wide stairway at offshore end. Provide racks for seasonal storage of kayaks along side of catwalk. 0 Location of action: 295 ISLAND VIEW LANE, GREENPORT, NY 11944 Site acreage: 0.34 ACRES Present land use: SINGLE FAMILY RESIDENCE Present zoning classification: R40 RESIDENTIAL LOW DENSITY AA 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: WILLIAM & THERESA KAINZBAUER (b) Mailing address: 21 MONACO COURT, RONKONKOMA, NY 11779 (c) Telephone number: Area Code ( ) 631.806.4046 (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? NYSDEC, NYSDOS, ACOE 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. W]Yes ❑ No ❑ Not Applicable Our proposal will not have any effect on the community character or preservadon of open space. The proposed catwalk is consistent with the surrounding area. There are other similar or larger structures in the immediate area. The homeowners will use this catwalk to cross-over the exisdng vegetation to reach the water. Auacn aaauionai sneers u 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 This property has no significant historic resources. 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 Our proposal is small in size. It will not obstruct any view and will blend into the surrounding scenery well. 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 Our proposal will not have any influence on the loss oflife, structures and natural resources from flooding and erosion. 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 17Not Applicable The proposal will not have any impact on the water quality or supply of the Town of Southold. 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 7 Not Applicable The addition of the structure will prevent the need for the property owner to trample the existing vegetation. The proposed structure will be decked with open grate style decking to allow adequate sunlight for the surrounding vegetation to continue to thrive. The support posts are minimal in size limiting the disturbance to the benduc community during construct. All construction debris will be contained and all Best Management guidelines will be adhered to. 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 FZ] Not Applicable This proposal will not have any impact on the air quality of the Town of Southold. 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 This proposal will not degrade the environment with solid waste or hazardous substances. 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. F-1Ye❑ No❑✓ Not Applicable Our proposal will not limit the public's ability to access coastal waters, public lands or public resources of the Town of Southold. This location is not a walking beach due to the amount of vegetation along the shoreline. Pedestrians walking along the shore are walking landward of mean high water. 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. aYes ❑ No ❑ Not Applicable V This property is used to engage in water -dependent activities such as fishing and kayaking by the property owners and their family. The proposed catwalk wiU be used to access the water without the need to walk through the vegetation. 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 proposed catwalk will have no significant effects on the living marine resources. 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 ❑ Now] Not Applicable This proposal will have no impact on the agricultural lands in the Town of Southold. 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. F --]Yes ❑ No ❑✓ Not Applicable This proposal has no influence on the development of energy or mineral resources. Created on 512510511:20" +7 SFt He , ISIAND SOUND ••.�,•• •• -- °—�- -- COUNTY OF SUFFOLK x a secnori ra Gni -. �— �zt r, O ,_ --•— -- Real Property Tax Sw.Agency E E � „ w �� Cw.M�CwY.111w.tiLM�t�M1 uaEw uu�.wri.wtuvpavuM m,wYnian.wv.arsa..t � -•.••. -•—•• �'^ _— , o�� a � uruw'uwrviu✓s.oaw � rau •••_o••_ �•• � e� •nxovrr��uw�wosw a a 'a�� — w r v .a bl "` 57 S.C.T.M. NO. DISTRICT: 1000 SECTION: 57 BLOCK: 2 LOT(S):29 U.P. ISLAND !VIEW LANE ----_ MBOLT rON, CSW �vt LAND N/F OF WEINER 0/L U.P. LANDDFN/F GUY HEFFERNAN 11.2' 15.1' N '" STOOP 0 24.J' to 5.2' 11.2 N I3.4' 8'2, m 1 STY. FRM. 3.9' DWELLING aw °D /295 v C oD M '— � ul 11.7' 11.1 • W 0 o WOOD !� DECK 0 Y• i i i •Y .� i V V i V i ••\ Y V V V i i V V i \••.�„� Y i i V i V V SrA GRAN En V V V V V V \ V V i i i i V V V i V �V/� V En r V V i V V i V V i V V �• i T Y FKiQ— MAW LINE S88•�5j 6'05 lk i iii + i i • �? 41'.43' �ww3•� i i V i CREEK (PORTION OF SHELTER ISLAND SOUND) E0rF I AUG 2 ? %!)1 .`i? THE WA TER SUPPLY, WELLS AND CESSPOOL LOCA77ONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS AREA: 14,987.13 SQ.FT. or 0.34 ACRES ELEVATION DATUM: _________________________ UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A WOLA77ON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES 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 INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: WILLIAM KAINZBAUER; MAP OF: THERESA KAINZBAUER; FILED: FIDELITY NATIONAL INSURANCE COMPANY; SITUATED AT: ARSHAMOMOQUE TOWN OF: SOUTHOLD KENNETH M. WOYCHUK L.S. SUFFOLK COUNTY, NEW YORK Land Surveying and Design i� P.O. Box 3. Mattituek, New York, 11952 FILE 12-04 SCALE: 1 =30' DATE: FEB. 2, 2012 PHONE (831) 298-1588 FAX (831) 298-1588 N. Y. S. LIC NO. 50227 maintaining the records of Robert J. Hennessy