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HomeMy WebLinkAbout1000-90.-1-9OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 pF SOUr�� ti O �O • �Q y00UNV 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: February 12, 2015 Re: Local Waterfront Revitalization Program Coastal Consistency Review for DAVID SCHAB SCTM# 1000-90-1-9 Suffolk Environmental Consulting on behalf of DAVID SCHAB requests a Wetland Permit to construct a 4'x50' elevated catwalk; a 3'x15' hinged ramp; and a 6'x20' floating dock. Located: 250 Midway Road, Southold. SCTM# 1000-90-1-9 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 policies and therefore are INCONSISTENT with the LWRP: 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. Use the following factors in assessing potential adverse impact. 1. environmental impact, 2. values for natural resource management, public recreation, and commerce, 3. size, character, and effect of the transfer in relation to neighboring uses, 4. potential for interference with navigation, public uses of waterway, and riparian rights, 5. effect of the transfer of interest on the natural resources associated with the lands, 6. water -dependent nature of use, 8. consistency with the public interest for purposes of navigation and commerce, fishing, bathing, and access to navigable waters and the need of the owners of private property to safeguard development. B. Limit the transfer of interest in public trust lands to the minimum necessary conveyance of public interest. 1. Provide the minimum conveyance using the legal instrument that results in the least reduction of public interest. 2. Limit the physical extent of any conveyance to the minimum amount of land necessary. The proposed, permanent, private, dock structure will extend into public waters resulting in a net decrease in public access to public underwater lands and the nearshore area. In the event that the action is approved it is recommended that a vegetated, non -turf buffer be established landward of the wetland line. 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 i Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS Pianrnno Boarfj 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 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 - supporting 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,rPlannin Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 090 - 01 The Application has been submitted to (check appropriate respons �`F 9 Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustee 1. Category of Town of Southold agency action (check appropriate respo s Gt j y (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: Applicant proposes to construct a new Dock Assembly. Please refer to the attached dans for all specifications. Location of action: 250 Miidwav Road ■ Southold ■ New York Site acreage: 1.2 t 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: DAIVD SCHAB (b) Mailing address: 256 West 10"' Street - Apartment 3D - New York - NY - 10014 (c) Telephone number: Area Code (646) 241— 2476 (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 ® 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 As indicated within Policy 1, "Development that does not reinforce the traditional land use Dattern of the Town of Southold would result in a loss of the community and landscape character of Southold.", this proposal is to construct a dockina assembly on the above referenced property. The proposed assembly is in line with the adiacent docking assemblies, and seeks to utilize the coastal location in a reasonable manner. 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 Policy 2 is not applicable in that subject lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resources. 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 Subiect proposal will not adversely impact the visual quality of the surrounding area in that several neighboring properties have similarly sized and designed docking assemblies situated on them. Therefore, no detriment will be done to the quality of the scenic resources in the area. 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 As the proposal is for a small docking assembly on the subject property, any loss of life, structures, and natural resources from flooding and erosion is kept to a minimal. 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 Subject proposal is not applicable to Policy 5. 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 is not applicable to 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 Subiect proposal is not applicable to Policv 7. 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 Subject proposal is not applicable to Policy 8. 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 Subject proposal is not applicable to Policy 9. 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 Subject proposal is not applicable to Policy 10. 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 Subject proposal is not applicable to Policy 11. 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 Subject proposal is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal agricultural production, etc...) 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 Subject proposal is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources,proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 5125/05 11:20 AM NECK BAY ee COUNTY OF SUFFOLK Real Property Tm Service Age 8 SECTION Surveyed: 08-45-14 SCT# 1000-90-1-9 West Lake Town: Southold Suffolk County, NY Datum: M L L W � 1 30©' to 0�7051te shoreilne Dock, Ramp & Float t� I r c,; t r i _ I . 10 1 I I NNNNcj `19,(0 d I + I r r � + r 'i 40 co c1 Cj i "q 1( IN ' Q c � � r ! - r 5c"T# 1 ! C-4 ; o , CD a 1000 -CIO -1 -Cl 00 111 M 1 I 1 ! ,ry d r" to a clv I I i I'tU Jr o House # 250 ' -� Midway Road M W 00 r� N t r ' r ' i i � l � l - v � Q � ---r - ---- ----edge of marsh- . ------------ -------------------------------------------- _ N W E S ;i Fjoat + r+ I / / / I - -- - - - - - - - - - - - - - - - of NEI` �i r . ROBERT H. FOX NYS PLS# 50197 PO Box # 366 Aquebogue NY 11931 N ,? ,. -45 j a aa.e..r`oe I� NI.aMa r"' Photograph indicating the staked out location of the landward end of the proposed dock assemble. Photograph takes from the western section of the property, facing west, overlooking West Lake. M Fm Al r, w, t i Photograph indicating the staked out location of the l�a`n(h�m-d end of the proposed docl; as."<'inhl\'. Photograph taken from the western section of the propert\, fecinI soutimcst, overlooking. West I '+ � ,� �. p , � l � .� � ���Oiiit'''t i � � . +• �'+ i i. � r WA SCHAB Property Situate: 250 Midway Road - Town of Southold - New York SCTM#: woo—ogo—oi—oig SUBJECT PROPERTY N,Ath Hive„ 1, THE ESPLANADE 200 PA'AUON CTZ 3,30PAVI LLI ON CT 321-F:.::1LI• i 045LITTLEPECOWFLH SUBJECT /0)FOIJ R VA m S 1PROPER 6525 IF OUR',VIN D S c I D AIDE TY 05 CEDAR POINT DR 1 e2025 Ll I ILI 11 111- 1—.. L11 T136 "U/;AY RD 400 CEDAR POINT DR 14 305 CE I DAR POINT DF I: '.I LIl /21-15 LII ILI P1 -III- Ul 2A5CEDAR Pl-4NTDRVi 295 WEST LN 1345VVESTLN 2245 LITTLE PE.. NICBA;rUI 155 W LAKE DR 2395 LITTLE PECOHIC BAt LIJ I3,X-,,VEST LN 14'wj'AE5TLN3/ ---T--_ 3CON LAKE DR L") W LAKE DR 350 441 LAKE DR YjO W LAKE DF -IV 250 1A I-- I L-\355"D0,AYRD-' j j X35 FADV VAY F1 W LAKE DR FOUR 0,1NDS CT .300 LITTLE PECONIC BAY LN 880 WATER TERR 1(0(30 'N LAKE DR 1060YVATER TERR,' 12EO-"A�ATIIER TERR 1126 V,,ATER TERR -- 225PANILLI CT 42, FOUR AINDS CT 1, THE ESPLANADE 200 PA'AUON CTZ 3,30PAVI LLI ON CT 321-F:.::1LI• i 045LITTLEPECOWFLH SUBJECT /0)FOIJ R VA m S 1PROPER 6525 IF OUR',VIN D S c I D AIDE TY 05 CEDAR POINT DR 1 e2025 Ll I ILI 11 111- 1—.. L11 T136 "U/;AY RD 400 CEDAR POINT DR 14 305 CE I DAR POINT DF I: '.I LIl /21-15 LII ILI P1 -III- Ul 2A5CEDAR Pl-4NTDRVi 295 WEST LN 1345VVESTLN 2245 LITTLE PE.. NICBA;rUI 155 W LAKE DR 2395 LITTLE PECOHIC BAt LIJ I3,X-,,VEST LN 14'wj'AE5TLN3/ ---T--_ 3CON LAKE DR L") W LAKE DR 350 441 LAKE DR YjO W LAKE DF -IV 250 1A I-- I L-\355"D0,AYRD-' j j X35 FADV VAY F1 W LAKE DR ---- 380 KI D WAY RD 446 F-11-1,VAY RD DR 950 OiLAKE DR -) ' I � I � c8tl-'hlL"'.-'-I 1(0(30 'N LAKE DR