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HomeMy WebLinkAbout1000-86.-5-6OFFICE 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: 631765-1938 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: March 12, 2015 Re: Local Waterfront Revitalization Program Coastal Consistency.Review for VINCENT FISCHETTI SCTM# 1000-86-5-6 Suffolk Environmental Consulting, Inc. on behalf of VINCENT FISCHETTI requests a Wetland Permit to reconstruct the existing ±4'x ±53' ramp and dock including twelve (12) 4°x4" timber pilings in-kind/in- place using open -grade decking and removing seaward 4'x10' steps; off of seaward end of existing dock construct a proposed 4'x24' elevated walkway with two (2) handrails supported by eight (8) 6"x6° timber pilings; an elevated 6'x20' platform including. an access ladder supported by six (6) 6"x6" timber pilings; all decking to be open -grate decking; and all hardware to be hot -dipped galvanized. Located: 650 Spring Lane, Peconic. SCTM# 86-5-6 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 policy and therefore are INCONSISTENT with the LWRP: The purpose of the dock extension has not been identified. 6.3 Protect and restore tidal and freshwater wetlands. 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 extension would extend into the public waters. The increased draft of larger vessels and decreasing water depths do not warrant incremental extension of permanent, private, dock structures into public water bodies. Alternatives such as a seasonal mooring in pre -established areas with adequate water depth is a better option. [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water -dependent activities; Private dock structures extending into public waters decreases the public use of bottomlands and the nearshore area. [5] Whether the dock will cause degradation of surface water quality and natural resources; Richmond Creek is a New York State Significant Coastal Fish and Wildlife Habitat and New York State Department of Environmental Conservation Critical Environmental Area. [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. 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. The dock structure will extend further into public waters resulting in a net decrease in public access to public underwater lands and the nearshore area. The applicant currently enjoys access to public water via an existing private, dock structure. 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 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 o��oF sOUr�,o� � O Irc4UNT'1,� MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: John Bredemeyer, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: March 12, 2015 Re: Local Waterfront Revitalization Program Coastal Consistency Review for VINCENT FISCHETTI SCTM# 1000-86-5-6 Suffolk Environmental Consulting, Inc. on behalf of VINCENT FISCHETTI requests a Wetland Permit to reconstruct the existing ±4'x ±53' ramp and dock including twelve (12) 4"x4" timber pilings in-kind/in- place using open -grade decking and removing seaward 4'x10' steps; off of seaward end of existing dock construct a proposed 4'x24' elevated walkway with two (2) handrails supported by eight (8) 6"x6" timber pilings; an elevated 6'x20' platform including an access ladder supported by six (6) 6"x6" timber pilings; all decking to be open -grate decking; and all hardware to be hot -dipped galvanized. Located: 650 Spring Lane, Peconic. SCTM# 86-5-6 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 policy and therefore are INCONSISTENT with the LWRP: The purpose of the dock extension has not been identified. 6.3 Protect and restore tidal and freshwater wetlands. 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 extension would extend into the public waters. The increased draft of larger vessels and decreasing water depths do not warrant incremental extension of permanent, private, dock structures into public water bodies. Alternatives such as a seasonal mooring in pre -established areas with adequate water depth is a better option. Further the proposal does not meet Chapter 275 standards which state: In determining the permitted length of a proposed residential dock, the Board shall seek to maintain lengths consistent with the other docks (i.e., pier line) in the waterway. [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water -dependent activities; Private dock structures extending into public waters decreases the public use of bottomlands and the nearshore area. [5] Whether the dock will cause degradation of surface water quality and natural resources; Richmond Creek is a New York State Significant Coastal Fish and Wildlife Habitat and New York State Department of Environmental Conservation Critical Environmental Area. [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. 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. The dock structure will extend further into public waters resulting in a net decrease in public access to public underwater lands and the nearshore area. The applicant currently enjoys access to public water via an existing private, dock structure. 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 1 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS C Fri LMAR 0") 2015 __ _ n Southold Town.��', Planning Board 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 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) 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 detaillisting both supporting and non- supportin2 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# 086 - 05 - 006 F E 6 1 9 ? `" The Application has been submitted to (check appropriate response):' - Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees 1. 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: fAl Applicant proposes to replace the Top Decking of the existing Dock with open grate Decking (i.e., Thru-Flow Interlocking Panels or similar) remove the existing seaward set of Access Stairs (4.0' Wide x 10.0' Long) and construct a Dock Extension comprised of a Proposed Walkway (4.0' Wide x 24.0' Long) and a Proposed Platform (6.0' Wide x 20.0' Long). Please refer to the attached Project Plans for all specifications Lo6ation of action: 650 Spring Lane ■ Peconic ■ Town of Southold ■ New York Site acreage: 1.4 f 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: VINCENT FISCHETTI (b) Mailing address: 448 Joan Court; West Hempstead NY 11552 (c) Telephone number: Area Code (516) 901— 8400 (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 Subiect proposal is consistent with this pow in that the proposal to maintain/enhance an existing dock assembly attendant to this proper reflects the mLajority of existing docks attendant to properties along this shoreline and is characteristic of waterfront communities. In addition this project will be in harmony with the "... beneficial use ofa coastal location..." in that the proposal is to maintain/enhance the usage of a dock assembly, which provides practical & efficient coastal access to the surface waters of Richmond Creek and beyond. Accordingly, we believe that this project is consistent with this policy. Redrum 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 This proposal is not applicable to this Policy. Redrum 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 0 Yes ❑ No ❑ Not Applicable Subject proposal will not adversely impact the visualquality of the surrounding area in that the adjacent shoreline is currently comprised of properties improved with similar structures (i.e. dock assemblies) and scenic resources, assumedly views of the waterway, are not at risk due to the enhanced/extended dock has existed at this site for the past ten (10) years without adversely impacting the visual duality of the surrounding area. Accordingly, this proposal will comply with Policy 3 Redrum 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 This proposal is not applicable to this Policy. 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 This proposal is not applicable to this Policy. 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 This proposal is not applicable to this Policy. 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 This proposal is not applicable to this Policy. 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 This proposal is not applicable to this Policy. Redrum PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resburces of the Town of Southold. See LWRP Section III Policies; Pages 38 through 46 for evaluation criteria El Yes ❑ No ® Not WORHING 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 0 Yes ❑ No ❑ Not Applicable Subject proposal is applicable in that a water -dependent use (i.e access to surface waters; boating) is being maintained on a waterfront parcel, however, with regards to this Policy's concems with marinas aquaculture etc this proposal is not applicable due to this proposal involving only a private docking assembly. 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 in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries recreational fisheries aquaculture etc ) Redrum 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 ) 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 Redrum. — -- Nd Ns, y as ou FOR POL RO SEE mc— 9EE 9EC NO A2sosaoe, °2s°�°N2 9E�E 9�eL` No WPC O '� ms5ea .a. 1 = }� °n°�smec 2)0,e) 21 � 31 oo1� s zntq > 5, pan QO' revci k'• �y e" ep Ib + ,y `gym Pal 2',Nc) 1 2 S n Q2 toe tA`l.l IIA � ri aqw � Js 4sp .iyyq � 1 •:� � � 4,2 4 y A 2. I.b „ 1 � •t5 i t�� r0cdcu.O t01 � �_.. ,�awx 11 ,aM\ c 2M sA \ / )ECOvic UNC TB t F i.. 2 Alct CREEK ON PES Q5 riO 44 — -- o C20,.2 +A B1M� 011 • s ,'w'.Nzn _ � tab a0yx 0A "A' I yYl°1 A 5— § Y a SIAM 1 5 19 12A BB � 5 mac}- • T4sNci B.YAcI G� ls4i sA�\ w s,TFIPI 5 9y� `vi � 31 �yN\ O �, t..] T°Mt OF wutw.e mow• 11 \s�y 6 2, --- + Wrc e au,cx �.A moso.,s cn =sec ff SEE sec. xo ew `� /� sEe NO H °ee •' o` ya, SECTION NO NOTICE 9s".'.?Y 4. COUNTY OF SUFFOLK © x Ali E Real Property lax Service Agency - -- Yg�17 ! GwwYCw.rNwlw,nYnMt m m PM a $s � tni.iro 1N0 PROPERTY MAP FISCHETTI Property Situate: 650 Spring Lane ■ Peconic ■ New York SCTM #: 1000 — 086 — 05 — 006 IN •1411 LN •�� '�, 1 7,"', INDIAN NECK LN r� + <� • I I •LI 111 tl (295 yMURE LN y . SUBJECT I 1,K L N +' PROPERTY J� .. 1 tris NC7hf LN 11:. ',i ll 11• v, SHORE LN II �INDIAN III I ll1 f 2111 .I I()HFLN 15Q SN 04 LN ". 1,LN '4'1 111 111 ' J—.J-^"'^' _ ^( � i .I�����I'I 111•.1.11 I I II I' L N 631, INI,IAN III I LN�10 $PFIIhL . l 11 '� Y � ''�•� I�,' � II II �6�.I I III r 1 11 111 .1111 'L\II I11 KLN I'. LlI 17751NDIAN NECK LN ISCO INHAll III h, LN \ \ 925 IND IAN NE.CIt LN 1660 INDIAN NECK LN 11�Es�0tsEa Ib. 41 LL`•I,I� FISCHETTI Property Situate: 650 Spring Lane • Peconic ■ New York SCTM #: 1000 - 086 - 05 - 006 (Photo taken on February 9, 2015) TJso r .! s r t4 vi: r � Photograph indicating the current conditions of the existing dock structure along the eastern shoreline thereon. Photograph taken from the eastern section of the property, facing east, overlooking Richmond Creek. FISCHETTI Property Situate: 650 Spring Lane ■ Peconic ■ New York SCTM #: 1000 - 086 - 05 - 006 (Photo taken on February 9, 2015) Photograph indicating the current conditions of the existing dock structure along the eastern shoreline thereon. Photograph taken from the eastern section of the property, facing north, along Richmond Creek. FISCHETTI Property Situate: 650 Spring Lane ■ Peconic ■ New York SCTM #: 1000 — 086 — 05 — 006 (Photo taken on February 9, 2015) Photograph indicating the current conditions along the shoreline of subject property, including the delineated wetlands boundary (orange ribbon). Photograph taken from the eastern section of the property, facing northeast, along Richmond Creek. N W+ E s \0 '0 Spring Lane (51 bx� 0 Hydrographic Map Surveyed: 11-14-14 Situate: Peconic SCT# 1000-86-5-6 Town: Southold Suffolk County, NY Datum: M L L W 1 40' . .. . . ........ 0. C;yl U �9. 0 F'! 0 IP 10\0 \ 0 0 UX 0 o\ CP 0 O\t LA 0 0 TZI LrI T -'j '0 #1 .1 (P- #2 0 'A CP dock 4 # )2- doc'� _o romp '0 'cP 0 v 0 'CP 0 c" cp #4 "N' 0 CP \ t-3 e Y, 0 e 0 0 OF N � Ile, ROBERT H. FOX NYS PLS# 50197 PO Box# 366 Aquebogue Y 11931 SITE PLAN Scale: 1.0" -a a + S p r i n g L a n ti NO, 0 % %. % % oa *0 Or N % % - % .0 -vk 0 Va lip; '0 0 2p, Existing Steps to be Removed _j T3 V. 0 tjL -0 0 ``PROPOSED WALKWAY (4.0'W X 24.0'�) �a % % N a T3 TJ 51A 2j� oP P *10 VJ -,q CP 0 r r3 1-1 N% % UL *0 ul #4 EXISTING ELEVATED CATWALK & RAMP (4.0'W x 53.o'L) (existing decking to be replaced with Open -Decking) ,k Ira 61 Va \ r3 CP V3 Loh 0 45' IA V3 % I IP 1p Poopos�D ArF(JCM\ 0 lip V-5 (6.c�_A 20p'L) V3 1 % .0p r3'¢ %P lo' % d� \ 0 - '. *.,A 0 N rA o Wg o Cl) tn Z Q c z Y Z z '� �a azo -S C) u In •LD E • tr, bi 1-4 � :3 Z CL < E G1 C .fir U SOUTH ELEVATION Srak:lAY —lOp± EXISTING ELEVATED CATWALK & RAMP (4.o' W x 53.0' L) (exisffngdEdft to bye nepdmed �r of # FAno Wdh +Open-DECbng) 53.9'± 8.o'± 45.0` 88.0. 1 PROPOSED WALKWAY (4.0'W x 24 -OL) 35.0'±:L 26.0'-* Edge of Vegetated Wetlands Boundary Tidal Wetlands Boundary, as per (i.e.. Edge of Marsh) SUFFOLK ENVIRONMENTAL Existing Steps to be Removed CONSULTING„ INC. (Od ber3q, .post) (4W W xso.o' L) Existing Timber Pilings (4"x41 PROPOSED PLATFORM (6W W x zo.o' L) 6.0`±*12o.o ::�* Proposed Access Ladder Proposed Tirrier Filings (6' x 6m) P'ROJEC'T` DPSCR P' IM: Applicant proposes to reconstruct &e existing Dock & RauT "ice-krd1m-phtce" (4.(Y W x 530 L ±), 4 -- twelve (12) timber pilinp, but to replace the top decking with open -gate deczing (.e., Thm F1 r or siun�) and rerno ve the seaward Steps (4.0` W x 10.(Y L). - Applicant additionally wises; to construct an elevated Walkway (4.(Y W x 24.0' L), supported by eight (8) finiber pilings (6A x 6"), and an elevated: Platform (60 W x 20.9 L), no'luA; ng an Access Ladder, supported by six (6) titer ping`: (6" x 6A), all off the seaward end of the existing Dock & Ramp. All hardware to be hot -dipped galvanized. All decking to be open -grave deding. iaao'± TO OPFCsrTESHOMME Existing thlderwater Grade * NOTE: Value is the True Length • Structures are aligned at a different angle from the existing Dock. 'NOTE: Value is the "Point -To -Point" Length • Structures are aligned at a different angle from the existing Dock. 4) R z t z b" x O� ID 0 z bd Z a w g- i.e d L L L L L a��