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HomeMy WebLinkAbout1000-123.-4-2I OFFICE LOCATION: rjf sv�r/yo MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) Southold, NY 119710 • Q Telephone: 631 765-1938 Fax: 631 765-3136 �y�0UNT1,�� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: John Bredemeyer, President Town of Southold Boatd of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: July 22, 2014 Re: Proposed Wetland Permit for PATRICK & JOANNE CONWAY SCTM# 1'000-123-4-2 PATRICK & JOANNE CONWAY request an Amendment to Wetland Permit #8257 to replace two (2) 4" pilings with two 8" diameter butt pilings; replace two (2) 5" pilings with two 8" diameter butt pilings; replace existing ramp with new 3'x12' aluminum ramp; and replace existing float with new 6'x20' float. Located: 2000 Deep Hole Drive, Mattituck. SCTM# 123-4-2 It is my recommendation that the proposed actions are INCONSISTENT with LWRP Policy 6: protect and restore the quality and function of the Town of Southold ecosystem and Policy 9: provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold and therefore are, INCONSISTENT with the LWRP. A permit for the existing dock structure wasissued on August 21, 2013 authorizing access to the public waters. The applicant is seeking an expansion (seaward projection) of the current dock structure further into public waters. The applicant fails to prove that the action meets the following requirements as outlined.in § 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: [1] Whether the dock will impair navigation or be located in areas of high.vessel traffic or vessel congestion. [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water -dependent activities; [51 Whether the dock will cause degradation of surface water quality and natural resources; 1`111 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 1`121 Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. In addition, Chapter 275 requires that the determination of the length of the dock must include the dimensions of the vessel. The dimensions of a vessel are not specified. A schematic showing the projection of the proposed dock in relation to the existing "dock line" was also not provided and therefore an assessment to whether the expansion is consistent with the existing dock line cannot be made. 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 Town of Southold LWW CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1�> UV 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Wataffivd 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 pEgRpsed N*on wia be gnbMgd. as to its significant hgK&W sad adverse- effects no dw maW area MM Lnclndes all Of S09MA 19MMi 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. 11W& ear-Alainwer must be cwbk*M detall. lbfte both souvor&LY and non- supRorting 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 C^ website (southoldtown.northfork.net), the Board of Trustees Offia ffio P" I epa t, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SM AND PROPOSED ACTION JUN 2 7 2014 Sc"W PROJECT NAME i V An The Application his been submitted to (check appropriate response): Town Board El Planning BoardF] Building Dept 0 Board of Trustees 1. Category of Town of Southold agency action (check appropriate*responsc): (a) Action undertaken directly by Town agency (e -g- capital L 14 2 ,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: Ac-MLPr4 r, mp-Lr-Nr PUMM IT M Rett P, ela sn &)C,, lxcK, WRA1::.e 1� c� iz� to -f- FUJM-" wmn<6 07- q*,i7,,i/q6S Ij -6-`pL,Aj6S W, r .X 9 "Ov rr 'Ptc i AAZ i k--ft.4CC- /0,<3 torm Y " 10AI P. A! - f P A -A 6 K06 2 ZJ C(: 0 // Mr W i r 7 t 6 2-0 Location of action: �C�� 1CR-� Site acreage:_ , S(, Present land use:_.. , (Zft-AIP-4' Present zoning classificationR - 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:'-'il',�t C (b) Mailing address: i 7 OJWO ^r 1, ,, My 11-7_q3 (c) Telephone number: Area Code (P$: to 17' 9 4U% (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. F+bster a pattern of development in the Town of Southold that enhances community character, pireserves open space, makes effi'icient 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 [:] Noof Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III=ZNot Pages 3 through 6 for evaluation criteria ❑ Yes F] NoApplicable Attach additional sheets ifnecessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III — Poli—' Pages 6 through 7 for evaluation criteria ❑ Yes ® No Nat 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 Pago 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 throw 1 for evaluation criteria ❑ Yes ❑ No LO 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 ano Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluafion riteria. ❑ ❑ 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 foZ-Applicable aluation criteria. QYes ❑ No Attach additional sheets if necessary Policy S. Minimize environmental degradation in Town of Southold from solid waste and hazardous substancesandwastes, ee LVW Section III — PoIicies; Pages 34 through 38 for evaluatiott criteria. FlYes �.1 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 1101 Policies; Pages 38 through 46 for evaluation criteria. /Not ❑Ye� No ED 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 Section 111—Policies; Pages 47 through 56 for evaluation criteria. Yes [:1No Not Applicable Attach sd titia W sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town ;Not ter . See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes n No Applicable ' Attach additional sheets if necessary Policy 12. Protect agric tural Jands- in the Town of Southold, See LWRP Section III - Policies; Pages 62 through 65 for evalu on 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 M — Policies; Ppjes 65 through 68 for evaluation criteria. Yes F] No Not Applicable PREPARED BY C.� C/�VLJ TITLE DATEZk-71 I NOTICE COU TYOFSUFFOLK © K Reel Property Tax Service Agency Y 123 run eu A' PROPE- r e x x m �A a + Vs 7u # b r x • -. ., r.A r- y -. fes, IV z . n ep 3 p l- Fik Edit Vin T -I, Add H,Jp Sig. it 4!4 my PI.— T—p.-y Plc. I..Ys!:, t*rtk Gwlmv " P,i..y U.N. G -J- and L.bdh O pl.. pht. 3D g.".V, 0- 3i wttna. Gfb.1 A.— OFFICE LOCATION: OCL SO(/jyO! Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) CO- Southold, a a,c Southold, NY 11971Cot ��O 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 AUG 2 0 2013 To: Jim King, President """'w'° "TWIT Town of Southold Board of Trustees OHM of Tru :' - From: Mark Terry, Principal Planner J LWRP Coordinator Date: August 19, I'll I JUL 1 4 Re: LWRP Coastal Consistency Review for MARTHA KENNELLY SCTM#1000-123-4-2 i MARTHA KENNELLY requests a Wetland Permit for the existing fixed 42"x33' dock; existing 36"x10' ramp; existing 10'x11' float; and for the existing +/47.25' low bulkhead. Located: 2000 Deep Hole Drive, Mattituck. SCTM# 123-4-2 It is my recommendation that the proposed action is INCONSISTENT with LWRP Policy 6.3 (below) and therefore, 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 �Dl 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The structures described were not constructed pursuant to a Town of Southold Board of Trustees review or permit. 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 BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 8257 DATE: AUGUST 21.2013 ISSUED TO: MARTHA KENNELLY PROPERTY ADDRESS: 2000 DEEP HOLE DRIVE,,MA=UCK SCTM# 1234-2 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on Aust 21, 2013, and in consideration of application fee in the sum of $2&.00 paid by Martha Kennelly & John Kennelly Estate and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit for the existing fixed 42"x33' dock; existing 36"x10' ramp; existing 10'x11' float; and for the existing +/47.25' low bulkhead, and as depicted on the project plan prepared by Martha Kennelly, received on July .26, 2013, and stamped approved on August 21, 2013. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee, Martha Kennelly, residing at 2000 Dace Hole Drive, Mattituck. New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. S. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD - DATE 6Z1�3 -2 iwc, #. MF -To &*tzw vv.W(4f E JUN 2 7 2014 aect OA 001%, aotivfA �j /Y pp (Y 0000 D,cp Hol, Z>e-"-r OV I)q6'2, I TOC C:1 OYC No � 4-0 corm \l 0-000 Dr-cp Hol, DI"vC 01 7 -Flf C2"l +'A c - k. 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