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HomeMy WebLinkAbout1000-71.-1-14OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 Tj-L MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631765-1938 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: September 15, 2014 Re: Local Waterfront Revitalization Program Coastal Consistency Review for SEAN P. FAHEY SCTM# 1000-71-1-14 En -Consultants on behalf of SEAN P. FAHEY requests a Wetland Permit for the existing 4'x77' fixed, seasonal timber dock constructed entirely of untreated materials except for 4"x4" treated timber support posts with attached "L" shaped 2'x3' platform on landward end which is accessed by 3'x6' steps attached to a 4'x6' platform off the bulkhead. Located: 1415 North Parish Drive, Southold. SCTM# 71- 1-14 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 action is INCONSISTENT with the following LWRP Policy Standards; 3.1 (A), (D), (J), (K.3), 6.1 (A.1, A.2, A.3 and B.3), 6.3 (A-1), 9.1 (C-2, C-3 and E), 9.1, 9.2 (A.1 and A.3), 9.3 (A ,B, D, and F), 9.4 (A, B, E.1,E.2, E.3 and EA), 9.5, 10.4 (A, B and C), 11.1 and 11.2 and therefore is INCONSISTENT with the LWRP: The dock was constructed without a Wetland Permit issued by the Board of Trustees following a DISAPPROVAL of a dock structure on the property. In 2002 the Board of Trustees " "DISAPPROVED a dock structure application to install a 3'X 16' ramp, 6'X 20' float.with two 2 -pile dolphins to secure float on existing 4'X 70' seasonal dock, because the prosect would monopolize the public bottom and cause damage to the environment." Conditions of the public underwater lands/area have not changed since the disapproval. The LWRP does not support the construction of private, dock structures over/in the public trust lands and waters in Peconic (Southold) Bay. Structures located within these areas suffer repetitive damage and loss during storm events. Further, the dock structure will result in the loss of public use of public waters and underwater lands. The LWRP states that "alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas." 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 A. I LWRP CONSISTENCY ASSESSMENT FORM 1u �I qUG 0 8 2014 INSTRUCTIONS 1. A II applicants for perm its' including Town of Southold agencies, sha corn p ht R f r proposed actions that are subject to the Town of Southold W aterfront Con(' ° ar is assessm ent is intended to supplem ent other inform ation used by a Town of Southold agency in m a I i n g a d e t e r m i n a t i o n o f c o n s i s 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 significantL 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- supportine 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# 71 - I - 14 PROJECT NAME Sean P. Fahey 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: Nature and extent of action: Wetlands Permit requested for an existing 4' x n fixed, seasonal timber dock (constructed entirely of untreated materials except for 4" x 4" treated timber support posts) with attached "U-shape(CT x platform on landward end, which is accessed by 3' x 6' steps attached to a 4' x 6' platform off the bulkhead (bulkhead and similar platform and steps previously permitted pursuant to Wetlands Permit No. 8138), all as depicted on the survey prepared by Nathan Taft Corwin III Land Surveyor, last dated May 21, 2014. Location of action: 1415 North Parish Drive, Southold Site acreage: 20,008 s.f. Present land use: Residential, one -family dwelling 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: Sean P. Fahey (b) Mailing address: 47 West 9th Street New York, NY 10011 (c) Telephone number: Area Code 212-310-5801 (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?. 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. F]Yes F]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 The project is consistent with Policy 3, as the existing seasonal dock is located between two adjacent, similarly constructed though larger docks, both of which are installed seasonally pursuant to Town Wetland Permits. 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 To the extent that Policy 5 is applicable to the project, the proposed dock will be consistent because with the exception of the treated timber 4" x 4" posts, it is constructed entirely of untreated materials. 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 The project consists of the continued use of a currently unpermitted seasonal timber dock, which has been continuously installed on a seasonal basis by the applicant since 2001 and previously by prior owners. Survey documents indicate that a dock has been present at the subject property since at least 1986. The dock is located between two adjacent, seasonal docks, both of which are permitted by the Town Trustees and extend farther into Southold Bay than does the subject dock. All three docks have been installed at their respective locations for more than 20 years. The subject dock is constructed minimally with 4" x 4" support posts and with the exception of the posts consists entirely of untreated materials. Therefore, the continued seasonal installation and removal of the subject dock will have no adverse impacts on the quality or function of the adjacent ecosystem nor otherwise contravene the goals of 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 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 F]Not Applicable Consistent with Policy 9, the dock does not inhibit public access to or recreational use of coastal waters or public lands, as the dock may be easily passed over by foot along the shoreline and does not extend as far seaward as the two adjacent docks. The dock is also removed seasonally. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -de endent 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 PREPARED BY Amended on 811105 TITLE Coastal Management Specialist DATE 7/23/14 SEAN FAHEY, 1415 NORTH PARISH ROAD, SOUTHOLD ,. Figure 1. Looking west along shoreline at existing seasonal dock and stairway. a Figure 2 Looking east along shoreline at existing seasonal dock and stairway, A JUL 2 5 201 A JUL 2 5 201 SEAN FAHEY, 1415 NORTH PARISH ROAD, SOUTHOLD Figure 3. Looking north from bulkhead over existing seasonal dock. SOUTHOLD aAY NGIICE COUNTY OF SUFFOLK © I N _ Real Property Tax Service Agency CwMr Cwwr11M0iW.NY NM1 M ,� °` NIXITMOLD ���JJ"" L�ct rro 1000 VROVEN' _........ ._... .... --1.7 (-24")X Q i (-22') x o� ry0 O� F� -,3.7 (-24")x up/;,, (-24 ) x 00 ozz) (-22")x �2 x.----_ r/f OFF pOL f � O \ \ O \ x \ s \ \ o S 1 7 30 ELEVATION HIGH WATER MARK 05/21/2014 - 1.8' � ELEVATION LOWER LOW WATER MARK 05/21/2014 = -1.7' <10 ^� \ WATER DEPTHS SHOWN IN INCHES ARE REFERENCED TO ,Ile07 LOWER LOW WATER BEING AT 0.0" 1 �• \�) WATER DEPTHS TAKEN ON 05/15/2014 '140 AIG' ` NC � ,� \ 40 \ \ X 4.4 RENT RICH \ ��-COWER W�rER R � � \ \ COW K'R M^Rk x� M^ T SAND a t. k 05"27/2p o (�'_OSI-21120" 7.1 1. 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W47.t • OF p \ f W •� A �vEME W^T �l ' d NT • METER 4,50 •, �l • • ^ d •�� HYD ,4 \ w d S R NT , OQ • �2S DO. • , v d C SURVEY OF PROPERTY SI T UA TE BAYVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-71 —01 —14 SCALE 1 "=20' MARCH 1, 2013 MAY 21, 2014 UPDATE SURVEY FOR DOCK LOCATION AREA = 20,008 sq. ft. (TO TIE LINE) 0.459 ac. JUL 2 5 2014 WPREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED ^ BY THE L.I.A.L.S. AND APPROVED AND ADOPTED f^I1 FOR SUCH USE BY THE NEW ORK STATE LAND TITLE ASSOCIATIO 4,1 E-1 O � ��r �o?c 7- 0 �7 �v N S. Lic. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION THIS SURVEY IS A VIOLATION OF SE Nathan Taft Corwin III SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING NOTES:SURVEYOR'S Land Surveyor EMBOS ED SEAL SHALL INOT DBEECONSIDERED 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM TO BE A VALID TRUE COPY. EXISTING ELEVATIONS ARE SHOWN THUS: 5.0 CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY Successor To: Stanley J. Isaksen, Jr. L.S. EXISTING CONTOUR LINES ARE SHOWN THUS — — —5 IS PREPARED, AND ON HIS BEHALF TO THE Joseph A. Ingegno L.S. TITLE COMPANY, GOVERNMENTAL AGENCY AND F. FL. - FIRST FLOOR LENDING ASSIGNEEIONOFI LISTED LENDING INNDI- TG. B - TOP OF BULKHEAD TO Title Surveys - Subdivisions - Site Plans - Construction Layout - GARAGE FLOOR TUTION, CERTIFICATIONS ARE NOT TRANSFERABLE. PHONE (631)727-2090 FOX (631)727-1727 TB BB - BOTTOM OF BULKHEAD TW - TOP OF WALL THE EXISTENCE OF RIGHTS OF WAY OFFICES LOCATED AT MAILING ADDRESS BW - BOTTOM OF WALL AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947