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1000-70.-10-53
OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 oF so�ryo� � O N COUNT'1,� 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: March 12, 2015 Re: Local Waterfront Revitalization Program Coastal Consistency Review for BETSY FLINN SCTM# 1000-70-10-53 Suffolk Environmental Consulting, Inc. on behalf of BETSY FLINN requests a Wetland Permit to reconstruct/re-align the existing +/-132' long bulkheading; reconstruct and reduce existing bulkhead platform to 4'x13'; install two (2) 15' long bulkhead returns on either end of the bulkhead; reconstruct existing 4'x20' catwalk; construct a 4'x69' catwalk extension for a total proposed length of 89'; reconstruct existing 3'x15' hinged ramp; and a 6'x20' floating dock. Located: 320 Beachwood Lane, Southold. SCTM# 70-10-53 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 to reconstruct/re-align the existing +/-132' long bulkheading; reconstruct and reduce existing bulkhead platform to 4'x13'; install two (2) 15' long bulkhead returns on either end of the bulkhead; reconstruct existing 4'x20' catwalk; reconstruct existing 3'x15' hinged ramp; and a 6'x20' floating dock are CONSISTENT with the LWRP. The action to construct a 4'x69' catwalk extension for a total proposed length of 89' is 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; Goose Creek is a New York State Significant Coastal Fish and Wildlife Habitat and New York State Department of Environmental Conservation Critical Environmental Area. [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; All species of fish and wildlife are affected by water pollution, such as chemical contamination (including food chain effects as a result of bioaccumulation), oil spills, sedimentation, excessive turbidity, stormwater runoff, and waste disposal (including boat wastes). The alternative use of seasonal moorings in areas of low biological productivity and with adequate water depths is a better option to accommodate vessels requiring greater water depths. [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 - q' 'Forma TS 1 n, E } Town of Southold M ^�� (I M0 LWRP CONSISTENCY ASSESSMENT FORM southold Town Planning 9oerri A. INSTRUCTIONS 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 exvlained in detail, listing both_sunporting 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. rl1 B. DESCRIPTION OF SITE AND PROPOSED ACTION t SCTM# 070 - 010 - 053 JAN 3 0 2015 The Application has been submitted to (check appropriate response) Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees 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: Applicant proposes to reconstruct the existing Bulkheading & Platform, and reconstruct/extend the existing Dock Assembly. Please refer to the attached plans for all specifications. Location of action: 320 Beachwood Lane ■ Southold ■ New York Site acreage: 0.55 ± 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: BETSY FLINN (b) Mailing address: 320 Beachwood Lane ■ Southold ■ New York ■ 11971 (c) Telephone number: Area Code (631) 258 — 8186 (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 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 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 5 through 7 for evaluation criteria Z Yes ❑ No ❑ Not Applicable 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 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 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 and Wildlife Habitats and wetlands. See LWRP Section HI — Policies; Pages 22 through 32 for evaluation criteria ® Yes ❑ No ❑ Not Applicable proposal will comply with 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 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 Z Not Applicable Not Applicable. 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 Not Applicable. 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 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 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 0 Not Applicable 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 Not Applicable. Attach additional sheets if necessary f1 ..n_ b o..r n,NnNOu _'.— .m..... � ^—rt.� ..� ,ti,_,.._�.. v3-' ,.. ,_ � .s -;+':rolls ♦r0.., — veE"—Nu---- 5 rut - � �_ Q z ` e ;'3 a a, owN of sa,rnan / Eaa ' _ �, R a y.) PxvEs ,c< / N..m.�r...e. :f' (y� 4J_ _ sarrNau xatooionrwcr,q.5 e m r bmf'...�.. ® ]] uv, u] K io".eo tsyn e� L o �Y5 _ ,p5Y4a ,2Ye j � j u p 41p et] ,p t2 �y Z • • � t GEFx ' N `� / ES s TN i - a l p 1 i n L2Nn txa(n 1r toNn ,.oaln �Ja•In _ i ,+w0" © s 91 � �'. 1 tJ 1• ; m top , r 1 � 1 �. j l _��_ �'-�' ....—.� \..' iwa J reHn ` 'me.... `_O ,..„�N,•r "� _ �� sounJaJa •r ' i � It w ' a, �� p \\\e E ,e , ] ,53 . £3 m t°�� $ 'y0 D'Sin ” ���I sourHan .R• ear pt Y+ � , to r' .. s,? 5 . t',e Jpryn • 27 . Je.] • bal JO.YI � p` ID ,.,W ,YN ,INI t.Yac ' al " t ) l • E pafJER° w '� l9 N. '+y � " 'O d Web ]�Ncr l>g a NA Q� a P•JE >2 ,ptt ID T a IeKcl r w yn ,5 ,',2o- r p,a Oc1 J a. ,5 � ,.� 9W O�iD P i 2S - m ! 1 w ,5 9 ,p p , a � � `e ° E Jp '4 $ : •tp5 n t ® ri GtetER n 1aYE ep, m yp t N "r lr Ci53 \ ^' u r 3e S 50,1'. 0 i P a)a ap m m N B2 ee aVE i2 s m- ,p 'P a _ + a.. Snlcl E 2 ¢ ~ aEnNaew avE. ,m, 70 IS m e _ � � �^ _ NO i L wy . � 'wn�a°pte, m w 7 mJ p5 rHJ+ J / r • 90uTRdD ID 27 IDI IDa pycJ pC P, ax " , % ANTNC �"s et ,aYnaE wore¢➢ is et�t _ m��� N b e��= _ __ ,� _ = u =_^__ m Diorite COUNTY OF SUFFOLK © x sourJJoio sscrIoN No 1211 Real Property Tex ServiceAgency v N -- ,.rm _ 7 c«rpv c.eu. e..r....NY n1H om „tea Q%O ..__. r `RrN r�Yr u _� � m p rM v'r 1000 PROPERTY wp FLINN �Property Situate: 320 Beachwood Lane ■ Southold ■ New York SCTM #: 1000 — 070 — 010 — 053 (Photo taken or October 30, 2014) Photograph indicating the current dock configuration, including the existing Catwalk to be reconstructed and extended. Photo taken from the existing Floating Dock, facing northwest towards the existing Dwelling. FLINN Property Situate: 320 Beachwood Lane ■ Southold ■ New York SCTM #: 1000 — 070 — 010 — 053 (Photo taken on October 30, 2014) Photograph indicating the current shoreline conditions to the immediate east of subject property, as well as the existing bulkheading. Photo taken from the southern section of the property, facing east along Goose Creek. FLINN Property Situate: 320 Beachwood Lane ■ Southold ■ New York SCTM #: 1000 — 070 — 010 — 053 (Photo taken on October 30, 2014) FLINNProperty, t;reer�{��xt Situate: 320 Beachwood Lane • Southold ■ New York SCTM #: 1000-070-010-053 +r yr l' f+ N a ^ n HYDRC*fjAj1HjC SUFIVEY Tidal Wetlands Boundary ►► 1-14 (along seaward side of tfyoJOGFjAPHICF EY Tidal Wetlands Boundary (along seaward side of �T"IRSMOW,, bulkhead), as per Suffolk Environmental Consulting, Inc., y - bulkhead), as per Suffolk Environmental Consulting, Inc. (10-30-2014) t 17t,(10-30-2014) We ' aposedOGtf m*d PAUM Propc►sed ttecort5 maed p Q N 2 91.01 701!-i8 t Bead PWf`brm Proposed Catwalk Extehsit .� F' Z ' VIPZ' ryf (4-Wx e-01 • EteCt7l�Strit+EDtedi�e'l4t�t'►er! 'M a"%r4. U N 1() ,' ,�` Bust J; 0 ►� z r 0 ----. + 0- a LL M lop xt AL,J y � r J� 4 AWt i y I#' } � + � +rp'r" ca V 0001*� 1 r�0 011- A :''r, r 2 J`i .� q.L' ttt?.p't ,`.� J 3s JJ 4 Procsedr g + �- 'C G� o �y Z l'• //JJ ? �.f. r, �� r �. . PPP, i ,t rdEP.. ,♦♦ _-•. �t �:.: O r1 ' { >J. 'J' �•\� +� r�e�6 elk `B f.d Q4M11J •O •rw•.•M ,�� IRr `f x I r ;bi. ♦ .. AI, , ,y. X3,5! i;+a`j 1 PMPOSQdF41ik}1s(ai Jr++♦ '`F +R_ 1 rt ri `� Retum ° + J '= _ -' - a O O �D r0 U N ^ p l M 1.(1. ♦ r4• � (t5 -OM ri+ ` Jr C%1 0� � .`cy f 1 r�" ,gip r'f•' �,� jil, � r� l J� .y� �o � � 'L ,... .fJ`" r4� rh' r�$ J�•i� „�� �,�� r ;f ..A-� � ,x�c` +"� J�•,4• !� * +' � J -S r rise r r J Y r1 ( r� r'i•9 r�0 .r%'S ♦�� `\ .� r fM Jai J q� lip r'trA,,%>eR ,.�, rT•. , � � ,idi� �fii ' r� ?> 0 rr'11 ��rt*� -S *�.t Phased stoat s 9 ,� • i E c 3c E J'0 r�.•� �y r� C1 0 V�bJ YV 0bi i Home f NOTE: AnnataUms to the Site Plan as show o In j ° � 0 .1 blue as per Suffolk Environmental Cortsuiting, Inc. 0 o u r JAN ? 0 2015 r _ A "a NHLAIHINU qb � Recon Bull Proposed Top Cap (2.0" x 2.0') Reconstructed/Extended PROJECT DESCRIPTION: Applicant proposes to reconstruct & re -align the existing Bulkhead (from timber sheathing to vinyl sheathing) which is to measure 132.0' in length. Applicant also proposes to install an easterly Bulkhead Return (15.0' in length) and a westerly Bulkhead Return - (15.0' in length). Additionally, applicant proposes to reconstruct & reduce in size the existing Bulkhead Platform (to 4.0' Wide x 13.0' Long). Finally, Applicant proposes to reconstruct the existing Catwalk (4.0' Wide x 20.0' Long) and extend the Catwalk an additional C 69.0' (4.0' Wide x 89.0' Long, overall), all to be supported by twenty-four (24) Timber Pilings (6.0" x 6.0"); install a Hinged Ramp (3.0' JAN 3 p 2015 Wide x 15.0' Lon • and install a Floating k ' Wide x 20.0' Lon " Long); g Doc ( 6.0 g), secured by four (4) Timber Pilings (8.0 x 8.0 ). Dock - - - - -- decking to be located above tidal vegetation to be of an open -grate design (i.e., Thru-Flow Interlocking Panels or similar). All -- hardware to be hot -dipped galvanized. All soundings to be referred to from the low water mark. F OGRAPHIC SURVEY 14-09-14 0-70-10-53 uthold unty, NY L L W ..._1 Poo\ �5 A\Qao\)$o ati / tt ' o$ I N, fit.:� / 9 �ti • V CO 0 �% . a> "L .� fL 6 ILI X19 ��00 QO ... w �1 �� �wr ERT M. FOX tires .'.PLS# 50197 Box # 356 . f Aquebogue '�" NY11931