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HomeMy WebLinkAbout1000-115.-12-23.2OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 OF SO�ryo� � O COUNTi,� MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: January 15, 2015 Re: Proposed for Wetland Permit for KELLY MYERS SCTM# 1000-115-12-23.2 THE ACTION IS LOCATED IN A NYSDEC CRITICAL ENVIRONMENTAL AREA. DKR Shores, Inc. on behalf of KELLY MYERS request a Wetland Permit to remove +/-70 linear feet of timber bulkhead and construct 52' of bulkhead in-place using vinyl sheathing and closing off ramp; new bulkhead to be same height .as neighbor's bulkhead to north; construct two (2) new 10' long vinyl returns; backfill disturbed area with 50 cubic yards clean fill; remove existing dock and construct a 4'x111' fixed dock; a 3'x15' ramp; and a 6'x20' float secured by 10" pilings. Located: 1730 Deep Hole Drive, Mattituck. SCTM# 115-12-23.2 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 recommendation that the proposed action to remove existing dock and construct a 4'x111' fixed dock: a 3'x15' ramp: and a 6'x20' float secured by 10" pilings. is INCONSISTENT with the below Policy Standards and therefore is INCONSISTENT with the LWRP. The applicant has not demonstrated that the action fully meets the below policies. The subject parcel already has access to public water via an existing dock structure (Figure 1). Figure 1. 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 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 is 132 feet in length. This extension would gain the applicant ±.6 inches in water depth at A.L.W. and would result in loss of public use of public waters. 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. The float orientation would further impede navigable waters and extend farther than the dock to the north. [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water - dependant activities; The proposed dock structure (if approved) will result in a perpetual loss in unobstructed public access (recreation) and use of public underwater lands. [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [5] Whether the dock will cause degradation of surface water quality and natural resources; [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 subject 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 (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; A loss of recreational shellfishing areas will occur as a result of this action. [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 The extension of pre-existing dock structures into public waters to accommodate larger vessels is changing the how the public uses the waterway. X121 Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. 9.4 Assure public access to public trust lands and navigable waters. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. The proposed dock structure (if approved) will result in a perpetual loss in unobstructed public access and use of public underwater lands equal to the dock and vessel dimensions. The length and fixed nature of the dock could impede navigation of other vessels. The LWRP states "Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative' . In the event that the action is approved; to further Policies 5. Protect and improve water quality in the Town of Southold, 6.3 Protect and restore tidal and freshwater wetlands and Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. It is recommended that the Board require that the silt boom be deployed during the construction of the structure pursuant to: § 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. The action to remove +/-70 linear feet of timber bulkhead and construct 52' of bulkhead in-place using vinyl sheathing and closing off ramp; new bulkhead to be same height as neighbor's bulkhead to north; construct two (2) new 10' long vinyl returns; backfill disturbed area with 50 cubic yards clean fill is recommended as CONSISTENT with the LWRP. 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 i Town of Southold A. INSTRUCTIONS L All applicants for permits* including Town of Southold agencies, shall HDI C E VF , Southold Town Planning Board complete this CCAF for proposed actions that are subject to the Town of Southold Waterfiont 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 propgsed _action will be evaluated. as to its sig u�, ficant 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- IuppgrtAS facia, if an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall rpt be undertaken. A copy of the LWRP is available in the following I website (southoldtown.northfork.net), the Board of local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION t 000 SCTM# 11 - o` - 013 PROJECT NAME K.P L ( Q --,M UP r -5 — The Application has been submitted(check appropriate response): Town Board ❑ Planning Board ❑ wilding Dept. ❑ B 1. Category of Town of Southold agency (a) (b) (c) Nature and Action undertaken directly by Town agency construction, planning activity, agency regul :online € Southold ' s - ees Offs , e ,Planving:;:Department, all ..: , CL _ Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: extent of action: onw. . )-'?D i -� Df i ' capital a Vmy1 �C/O-W, o-Fr✓arXP AN .(2 ) ALW" 1n' Vi.0�4l k l r/3 ,v -u Y Cl- /o ( V J // )n L- Location of action Site acreage:____ � CL`".1.-!.-- Present land use: Present zoning classification: r� ( , 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 (b) Mailing address:` - � gllgq (c) Telephone number: Area Code I (d) Application number, if any --In Will the action be directly undertaken, require funding, or rov by a state or federal agency? � j Yes LSU No% If yes, which state or federal agency?nt/5INSWS s�l> 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. [G -VLA KINZ�����Cl 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 crit ria, Yes ❑ No ❑ Not Applicable. Attach aMdonal sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III — Polic1a Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No Nat 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 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 Ii Yes ❑ Non Not A PH Rble J J rive) a "4 i n 1j,") ! i l o -s --Y, I l,�i'�n 1 , /V " -a V-0.5 /,6)4 Attach additional sheets if necessary Policy S. Protect and improve water quality and supply in the Town of .Southold. See LWRP Section III — fPolicies Pages 16 through 21 for evaluation criteria u Yes ❑ No WNot 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 ev*17 criteria. ❑ ❑ y� Yes ' No Not 140cabk 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 w;NotApplicable . See LWRP Section M— Policies; Pages 34 through 38 for evaluation criteria. F1Yes ❑ No 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 crit o(� YeNo ❑ Not Applicable Attach additional sheets if necessary WORKING' COAST POLICIES Policy 0. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in suits a 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 wa rs. 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 foreval ation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Secdon III — Policies; ages 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable PREPARED BY --TITLE 1) DATE ate, C -- e ,.._.... �— ...._ atl ..� � .� ..�.. --- - M -�-. r '�""'"'^--"- •c � - erg, R ie svjI ox� wv.,y GREENPOR'i nwa� 3oz �� ,ioyu A— 2e,y a I m-reox ( MruwrR, iMrnT i ° ° z s. 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O2 - �,.. --. - =_4-- w.om ...,,e,.w I... ;Reel ProperryT Agentyi E ,.tea 3 a Sernce E� M --- _ --_ -- .� --^' ;a �.. �.. a.....N•,t,. M 1.� 115 o, na n _ ate,, — --.-- • -- R u o „c,M ,mo -C— SURVEY OF PROPERTY SITUATE: MATTITUCK TOWN: SOUTHOLD SUFFOLK COUNTY, NY SURVEYED: MAY 2q, 2008 UPDATE: DEG. I, 2011 SUFFOLK COUNTY TAX # 1000-115-12-23.2 1 OUGLAB MYM & KELLY 1V ym Q� II OZy��� T � 2� Pis T `\ O O `�O NOTES: O PIPE FOUND Area = 8480 5. F. Area = 0.IQ4i Acres CONTOURS REFERENGE NGVD '29 DATUM GRAPHIC, 5GALE 1"= 20' $, 1, O rpJ N W S y 00 � C I e � OF' • ' \ / J 0¢ �� P,7 p "O ��P� V eJ () A. N C. E A. Y. _d f l_ Via. S LAND n 6' t -T 7 E YOR 6 EAST MAIN STREET N_Y.S, LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF. -C:\UsersUohn\Dropbox\08\08\08-152.pro AHW ALW-MLW — — --BOTTOM SCALE 3/8"= 1' varies) 62' TO RESIDENCE I� –4_ 10' NON TURF BUFFER AR _V _ NEW 2" x 12" CCA CAP /- NEW 2"X6" CCA FOLLOWER NON -TURF BUFFER AREA SHALL BE MAINTAINED T tX. & F'KUKU �/4 HDG HARDWARE 10" 0 CONTINUOUS LAYLOG co a } F— v w w co a w J } z X 6" DROP WALE (1 ELEVATION) WEEP HOLE IN VSP c@ 9' O.0 Applicant: Kelly Myers Location: 1730 Deep Hole Drive, Mattituck Purpose: In place/Bulkhead recon & dock recon. Datum: Apparent Low Water S. C.T. M. No. 1000-115-12-23.2 LOCUS: 40°59'18" 72°30'39" DKR SHORES INC, P.O. BOX 488 28 Oct '14 HAMPTON BAYS, N.Y. 11946 SHEET4 OF 4 Hydrographic Survey Surveyed: 11-13-14 Amended: 11-19-14 SCT# 1000-1'15-12-23.2 Situate: Mattituck Town: Southold Suffolk County, NY Datum: MLLW 20' -1 1 t f J r' ROBERT H. FOX NYS PLS# 50197 2�-.- -- PO Box # 366 c Aquebogue NY 11931 /O O 0 �0/ �3? • blkd. • e NO o . �o .o a 6` �, .61 00 O �O .� •6 .6 '10 9 ,v • C11 N CY L to Q (14 C-3 C� cli C� N C� 0� C� C� cc Irl C14 (0 04 NNCV C� Q C\i Ci QV) to WU a 1! `�-� CN- O 2 STY RESIDENCE DECK r-1 Q NC C-) (0'� F-1 X C-) a DRIVE U C-� %0 "o CR 'm 'z C) C� C� N C� ft L—L Low S&RanW Uj LU section to be dosedff Nm N Cy APPLICANT PROPOSES TO REMOVE TIMBER BULKHEAD SECTIONS (70', TO RECONSTRUCT 52' OF BULKHEAD (IN PLACE OF EXISTING) WITH VINYL ESP 4.1; TO CONSTRUCT (2) NEW 10' VINYL RETURNS ALONG PIL, TO BACKFILL AS NECESSARY WITH APPROX. 50 C. Y. OF CLEAN SAND TRUCKED IN FROM AN UPLAND SOURCE. TO REMOVE EXISTING DOCK TO CONSTRUCT NEW 4X 111' FIXED DOCK 3X 15' RAMP AND 6X 20' FLOAT SECURED WITH 10" PILINGS. AT DEEP HOLE CREEK, MATTITUCK, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. C'i w EX. DOCK I —J i. Applicant: Kelly Myers Location: 1730 Deep Hole Drive, Mattituck EXISTING Purpose: In place/Bulkhead recon & dock recon. Datum: Apparent Low Water S.C.T.M.No. 1000-115-12-23.2 LOCUS: 40*59'18" 72*30'39" DKR SHORES INC, P.O. BOX 488 28 Oct '14 SCALE 1 30' HAMPTON BAYS, N.Y. 11946 SHEET 1 OF 4 z Q J OZ CL uj uj Q Prop. i(T c, -o c\1 cv N C.) N Ncli N N to O N N N' N1� PROP. 4X I I 1'FIXED DOCK PROP. 6X20'FLOAT Prop. i(T c, -o cv co if 2 STY RESIDENCE DECK C, PROP. 4X I I 1'FIXED DOCK PROP. 6X20'FLOAT DRIVE cy P, pmp. 11 return 4, 1 APPLICANT PROPOSES TO REMOVE TIMBER BULKHEAD SECTIONS ( 70', TO RECONSTRUCT 52' OF BULKHEAD (IN PLACE OF EXISTING) WITH VINYL ESP 4.1; TO CONSTRUCT (2) NEW 10' VINYL RETURNS ALONG PIL, TO BACKFILL AS NECESSARY WITH APPROX. 50 C. Y. OF CLEAN SAND TRUCKED IN FROM AN UPLAND SOURCE. TO REMOVE EXISTING DOCK, TO CONSTRUCT A NEW 4X 111' FIXED DOCK, 3X 15' RAMP AND 6X 20' FLOAT SECURED WITH 10' PILINGS. AT DEEP HOLE CREEK, M4 TTITUCK, TOWN OF SOUTHOLD, SUFFOLK COUNTY NEW YORK. EX DOCK PROPOSED SITE PLAN SCALE 1ot= 30' c, cv N Ncj N C, PROP. 4X I I 1'FIXED DOCK PROP. 6X20'FLOAT CO CO 01 cy P, PROP 3X15'RAMP--/ 00 0) N04 c� C, C, c� c � N cp c! ato (0 O c, N N N N APPLICANT PROPOSES TO REMOVE TIMBER BULKHEAD SECTIONS ( 70', TO RECONSTRUCT 52' OF BULKHEAD (IN PLACE OF EXISTING) WITH VINYL ESP 4.1; TO CONSTRUCT (2) NEW 10' VINYL RETURNS ALONG PIL, TO BACKFILL AS NECESSARY WITH APPROX. 50 C. Y. OF CLEAN SAND TRUCKED IN FROM AN UPLAND SOURCE. TO REMOVE EXISTING DOCK, TO CONSTRUCT A NEW 4X 111' FIXED DOCK, 3X 15' RAMP AND 6X 20' FLOAT SECURED WITH 10' PILINGS. AT DEEP HOLE CREEK, M4 TTITUCK, TOWN OF SOUTHOLD, SUFFOLK COUNTY NEW YORK. EX DOCK PROPOSED SITE PLAN SCALE 1ot= 30' L ---� ---�-- _� --- -_ --- _- _ - _._ - _ - - _ _. - 1-� _ - - �_ .r - - -- --- �- 1 = - t, : � . , ' %_ �r=':r .�;�i "fit . , � ; :.. �'