HomeMy WebLinkAbout1000-24.-2-21OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
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 11, 2015
Re: Local Waterfront Revitalization Program Coastal Consistency Review*for THEODORE &
NATHALIE STRAUEL
SCTM# 1000-24-2-21
En -Consultants on behalf of THEODORE & NATHALIE STRAUEL requests a Wetland Permit and a
Coastal Erosion Hazard Area Permit to construct a fixed timber dock consisting of a 4'x97' fixed timber
catwalk with two sets of 4'x6' steps at landward end; a 3'x14' ramp; and a 6'x20' float secured by two
(2) -pile (10" diameter) dolphins. Located: 220 Bay Lane, Orient. SCTM# 1000-24-2-21
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 us, it is our recommendation that the proposed action is
INCONSISTENT with below LWRP policy standards: 4.1, 6.1 (A.2, and A.3), 6.2, 9.3 (A), and therefore
is INCONSISTENT with the Local Waterfront Revitalization Plan.
Figure 1. Subject parcel (white arrow).
4.1 Minimize losses of human life and structures from flooding and erosion hazards.
Although the action is located within Orient Harbor an area of historic and current maritime
activity, the proposed dock would be located within the Coastal Erosion Hazard Area.
The location of the proposed dock is within the Coastal Erosion Hazard Area (CEHA) and will be
constructed in the nearshore. All development is prohibited in the nearshore area pursuant to §
111-11 unless specifically provided for by Chapter 111, COASTAL EROSION HAZARD AREAS.
Pursuant to § 111-6, allowable activities within the nearshore area may include "docks... built on
floats, columns, open timber piles or other similar open work supports with a top surface area of
less than 200 square feet. The dock, as proposed, is prohibited in the nearshore area pursuant
to Chapter 111, COASTAL EROSION HAZARD AREAS. The proposed fixed portion of the
dock equals 388 square feet and would not be removed each year as required in the
Coastal Erosion Hazard Area, therefore the structure is a regulated activity.
§ 111-11. Nearshore area.
C. All development is prohibited in nearshore areas unless specifically provided for by
this chapter.
§ 111-6. Definitions.
UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter
include but are not limited to elevated walkways or stairways constructed solely for pedestrian
use and built by an individual property owner for the limited purposes of providing
noncommercial access to the beach; docks, piers, wharves or structures built on floats,
columns, open timber piles or other similar open work supports with a top surface area of less
than 200 square feet or which are removed in the fall of each year; normal beach grooming or
cleanup; maintenance of structures when normal and customary and/or in compliance with an
approved maintenance program; planting vegetation and sand fencing so as to stabilize or
entrap sand in primary dune and secondary dune areas in order to maintain or increase the
height and width of dunes; routine agricultural operations, including cultivation or harvesting;
and the implementation of practices recommended in a soil and water conservation plan as
defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided,
however, that agricultural operations and implementation of practices will not be construed to
include any activity that involves the construction or placement of a structure.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
6.1 Protect and restore ecological quality throughout the Town of Southold.
The role of the Southold Town Board of Trustees in the protection and management of the
Town's ecosystem, particularly as it relates to surface waters is recognized by the Town
(LWRP).
6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats.
The importance of the Orient Harbor habitat has been recognized through the state designation
of area as a Significant Coastal Fish and Wildlife Habitat.
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,
7. adverse economic impact on existing commercial enterprises,
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.
A private, dock structure in this location would extend into public waters resulting in a net
decrease in public access to public underwater lands and the nearshore area. Further the
single family residence requesting the private, dock is not a water dependent use.
The LWRP does not fully support the construction of docks or structures in Orient Harbor and
recommends alternatives such as the mooring of 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.
LWRP CONSISTENCY ASSESSMENT FORM
I -F Il �ljl IF
�OiliVGii1 iU�VrI
INSTRUCTIONS I Planning Board
1. A II applicants for perm its' including Tow n of Southold agencies, shall com plete this C C A F for
proposed actions that are subject to the Town of Southold W aterfront Consistency Review Law, This
assessor ent is intended to supplem ent other inform ation used by a Town of Southold agency in
in a k i n g a d e t e r in 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 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, the Planning Department, all local
libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 24
- 21
PROJECT NAME Theodore & Nathalie Strauel
The Application has been submitted to (check appropriate response):
it
l;
t!A N 1
Town Board ❑ Planning Board ❑ Building Dept. ❑ Board of Trustees
Category of Town of Southold agency action (check appropriate response):
�!'1n
(a) Action undertaken directly by Town agency (e.g. capital J�
construction, planning activity, agency regulation, land transaction) J
(b) Financial assistance (e.g. grant, loan, subsidy) l P E `
(c) Permit, approval, license, certification:
Nature and extent of action:r,�r
Construct a fixed timber dock consisting of a 4' x 97' fixed timber catwalk (wkf two sets of 4' x 6' steps at landward end), a 3' x 14'
ramp, and 6' x 20' float secured by two (2) -pile (10" diameter) dolphins, all as depicted on the project plan prepared by En -Consultants,
dated January 7. 2015.
' Location of action: 220 Bay Avenue, Orient
Site acreage:
0.27 acre
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
(b) Mailing address:
Theodore & Nathalie Strauel
680 Croton Lake Road
Bedford Corners, NY 10549
(c) Telephone number: Area Code 914-523-9289
(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? NYS DEC, USA COE, NYS DOS
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.
❑ Yes ❑ 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 1:1 No ❑Not Applicable
The project will be consistent with Policy 3, as the proposed dock would be located along a historically developed shoreline
characterized by 8 other existing dockage facilities located within a 900' radius of the subject property, most of a similar scope and/or
configuration as the proposed dock, including the longer dock located at the northerly adjacent property and 4 others located within 400
feet to the north of the subject property. The dock would also be situated less than 300 feet from the Orient Wharf Company pier to the
south, which extends approximately 500 feet into Orient Harbor. Therefore, the dock would be in harmony with the visual quality of the
surrounding developed shoreline.
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
See attached.
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
® Y e s❑ N o❑ Not Applicable
The project is consistent with Policy 5 to the extent that it is applicable in that the dock will be constructed with untreated decking, as
required by Chapter 275 of the Town Code.
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
LWRP CONSISTENCY ASSESSMENT FORM
Addendum for
Theodore & Nathalie Strauel
220 Bay Lane
Orient, NY
SCTM #1000-24-2-21
NATURAL COAST POLICIES
Policy 4: Although located in the Coastal Erosion Hazard Area, the dock is proposed in a well enough
protected area that more than a half dozen existing dockage facilities located within a 900 I.f. radius of
the subject property along this developed shoreline have been successfully maintained for many
decades, including the immediately adjacent dock to the north that was permitted by the Board of
Trustees in 1988 and the Orient Wharf Company pier that has existed a few hundred feet to the south
for more than a century and extends 500 feet into Orient Harbor. The permanent catwalk portion of the
dock has nonetheless been designed structur ce_with its IQc n in the Coastal Erosion
Hazard Area, and the ramp and float would b i tailed a�rem�ovedeasonally Therefore, consistent
with the standards for issuance of Coastal Erosion Managby Chapter 111-9, the
proposed dock a) is reasonable and necessary considering reasonable alternatives and the extent to
which it requires a shoreline location, as the dock is the only means by which to provide safe, private,
dockage for this residential waterfront property and would be consistent in nature and location with the
surrounding permitted dockage facilities; b) is not likely to cause a measurable increase in erosion at the
proposed or adjacent sites; and c) will create no adverse effects on natural protective features and their
functions and protective values or existing erosion protection structures and natural resources.
Due to the presence of the numerous neighboring dock structures, including the larger dock located immediately to the north and the
Orient Wharf Company pier located less than 300 feet to the south, installation of the proposed dock will not cause a "fragmentation of
ecological communities," nor will construction of the dock result in the physical loss, degradation, or functional loss of ecological
components, as there are no vegetated wetlands or submerged aquatic vegetation located within the vicinity of the proposed dock, and
the catwalk will be elevated and of open -pile construction using untreated decking. The ramp and float will be removed seasonally; and
the project will meet the statutory and regulatory requirements of Article 25 of the New York State Tidal Wetlands Act and Chapter 275
of the Town Code.
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
N ❑ No ❑ Not Applicable
Due to its proposed location between the larger dock located immediately to the north and the Orient Wharf Company pier located less
than 300 feet to the south, the dock will have no impacts on navigation; and two sets of steps are provided at the landward end of the
dock to allow for pedestrian pass and repass along the shoreline.
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.
❑ 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 Mgmt. specialist DATEJanuary 12, 2015
THEODORE AND NATHALIE STRAUEL, 220 BAY LANE, ORIENT
Figure 1. Looking southeast toward location of proposed dock from adjacent dock to north.
Figure 2. Looking northwest toward location of proposed dock and adjacent dock to north.
THEODORE AND NATHALIE STRAUEL, 220 BAY LANE, ORIENT
Figure 3. Looking southwest from upland over location of proposed dock and
toward Orient Harbor and Orient Wharf Company pier and marina to south.
Figure 4. Aerial view of subject property and surrounding dockage facilities to north and south.
Photo by Google Earth.
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I, Purpose: Private, rano menial boat dockage
2. Datum: ACM - O' - 0"
3. Water depths ( referenced to MU W) transcribed
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t*bers; untreated declog; and hot -dipped galvaued sled
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6. Ramp and float to 6e removed seasand l y
7. Three -pie 6mt,5 to Iz used to support fixed catwalk
8. Plan and ao 5om drams are sdmatic in nature ad are
Intended only to establish Protect lacatlm, scope, and basic
castruction detak for permitting purposes ad are rot
intended to serve as or substitute for engineeoxi or
caistiuct plans for canstruetaai purposes
9. Project locatimi: 220 Pay Lane, Orient;
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THE WATER SUPPLY WFLLSy ORYWELLS AND CESSPOOL
LOCA77ONS SHOWN ARE FROM/ FlELD OBSERVA7701VS
AND OR DATA OBTAINED FROM OTHERS
T A�� FIRM PANEL 0068H MLLW
t GSAREA: 11,702.06 SQ.FT. or 0.27 ACRES EL£VAnoN DATUM: _________________________
v1LN two UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION 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 7771£ COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION
LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INS777(/7ION, 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, ADD17101VAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS
AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 71ME OF SURVEY
SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: THEODORE A. STRAUEL;
MAP OF: NATHALIE T. STRAUEL;
FILED: FIDELITY NATIONAL TITLE INSURANCE COMPANY;
SITUATED AT: ORIENT
TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC
SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design
�uc P.O. Box 153 Aquebogue, New York 11931
PHONE (631)298-1588 FAX (631) 298-1588
REVISED 01-07-15 FILE # 13-135 SCALE: 1 "=30' DATE: AUG. 1, 2013 N. Y.S. LI.SC NO. 0:50882 maintaining the records of Robert J. Hennessy & Kenneth M. poychuk