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HomeMy WebLinkAbout1000-86.-2-1.4OFFICE 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: December 14, 2015 Re:' Proposed for Wetland Permit EILEEN T. McGU1RE REVOCABLE TRUST SCTM# 1000-86-2-1.4 En -Consultants on behalf of EILEEN T. McGUIRE REVOCABLE TRUST requests a Wetland Permit to construct an elevated fixed timber dock, using open -grate decking consisting of a 4'x100' fixed timber catwalk that includes a 4'x12' fixed ramp at landward end, and a 4'x12' fixed "T" section with a ladder attached to seaward end of catwalk for an overall length of 104'; and to clear and maintain a 4' wide access path from road to proposed dock. Located: 1675 Wells Road, Peconic. SCTM# 1000-86-2-1.4 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: 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 and impede access of the public along the nearshore of the waterbody. The propose dock extends seaward of the parcel boundary. Alternatives such as a seasonal mooring in areas with adequate water depth is a better option. Another alternative would be a small catwalk over marsh vegetation to the waters edge to gain access to public waters. Further the proposal may 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. It is unknown if the proposed dock would conform to the existing "pier line". An analysis of existing, adjacent dock lengths in relation to the proposed dock has not been provided. [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water -dependent activities, Permanent, 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 Conversation Critical Environmental Area. Waterfowl species observed overwintering in the Richmond Creek area include Canada goose, American black duck, mallard, oldsquaw, bufflehead, red -breasted merganser, surf scoter, and common goldeneye. Richmond Creek is also a productive habitat for finfish, shellfish and crustaceans, including blue claw crabs, clams and scallops. The creek is one of the top two creeks for crabbing in the Town and is also important for clamming (NYSDEC). Crabbing occurs along the nearshore area where the dock is proposed. [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 Any activity that would substantially degrade the water quality of Richmond Creek would adversely affect the biological productivity of this area. 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 vessel type and whether there is a head located on the vessel is unknown. 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. See concerns above. 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, of facility -6h 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. 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. B. LWRP CONSISTENCY ASSESSMENT FORM D �CG�r DEC 0 7 2015 QnnINSTRUCTIONS Planning Board 1. A Il applicants for perm its* including Tow n of Southold agencies, shall comp a i's E proposed actions that are subject to the Town of Southold W aterfront Consistency Review Law, This assessm ent is intended to supplem ent other inform ation used by a Town of Southold agency in m a k i n g a d e t e r m 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,r-eview the exempt minor action list, policies and explanations of each policy contained in the Ty,;n of Southold Local Waterfront Revitalization Program. A proposed action will be evalu fed as to its significant beneficial and adverse effects upon the coastal area (which includes all of outhold Town). If any question in Section C on this form is answered "yes" affect the achievement of the LWRP policy standards and c review law. Thus, each answer must be explained in det., supporting facts. If an action cannot be certified as consis/ conditions, it shall not be undertaken. A copy of the LWRP is available in the following p (southoldtown.northfork.net), the Board of Trustees libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTI SCTM# 86 - 2 - 1.4 PROJECT NAME Eileen T. McGuire RJ The Application has been submitted Town Board ❑ Planning Board Trust response): or "n/, then the proposed action will )nd' ions contained in the consistency .i listin both supporting and non - t with the LWRP policy standards and online at the Town of Southold's website the Planning Department, all local gDept. ❑ Board of Trustees Category of Town of Southold agenc actio (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital VN 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: Construct an elevated, fixed timber dock (constructed with open -grate decking), consisting of a 4'x 100' fixed timber catwalk (including a 4'x 12' inclined section at the landward end) and a 4' x 12' "T" section with ladder attached to the seaward end of the catwalk; and clear and maintain a 4' wide path from road to proposed dock, all as depicted on the project plan prepared by En -Consultants, dated November 12, 2015. Location of action: 1675 Wells Road, Peconic Site acreage: 2.432 acres Present land use: Undeveloped residential Present zoning classification: R-80 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: Eileen T. McGuire Revocable Trust (b) Mailing address: c/o Eileen T. McGuire, Trustee, P.O. Box 189 Peconic, NY 11958 (c) Telephone number: Area Code 917-495-3125 (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? DEC, COE, 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 1:1No ® 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 0 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 ❑ No ❑ Not Applicable The proposed dock, which is proposed within the boundaries of a privately owned property comprised of 2.4 acres of land and more than 700 feet of shoreline along Richmond Creek, would extend only 40 feet or 10% into the waterway at low tide and is similar in scope and appearance to numerous other dockage facilities located on Richmond Creek. Therefore, the proposed dock would not alter or otherwise adversely impact the existing visual quality of scenic resources associated with Richmond Creek. 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 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 To the extent that Policy 5 is applicable, the project is consistent because the dock will be constructed with untreated, open -grate decking. 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 EILEEN T. McGUIRE REVOCABLE TRUST 1675 WELLS ROAD PECONIC, NY SCTM#1000-86-2-1.4 POLICY 6: The proposed dock is intended to provide a fixed point of elevated structural access over the existing vegetated marsh to allow for access to the water and dockage and use of small watercraft in Richmond Creek, where the waters are relatively shallow during low tide. Without such a structure, the same location on the site could still be used for access, but watercraft would have to be dragged through the marsh, which together with the associated foot traffic would create the potential for loss of wetland vegetation along the shoreline. In order to mitigate any potential impact of the project on the adjacent tidal wetland area and Town waters, the proposed dock structure would be constructed entirely with open -grate decking and 4" x 4" posts over the vegetated marsh; would be elevated a minimum of 3.5' above the grade of intertidal marsh; and has been designed with the minimal scope necessary to reach a useable water depth of 18 inches at mean lower low water. As such, the dock would extend seaward of mean lower low water well less than one-third the width of the waterway at mean low tide (40 feet or 10%) and would thus have no impact whatsoever on navigation or other public and recreational use of Richmond Creek; and further consistent with §275-1 l(C)(2), the dock would be located no closer than 15 feet from the extended property line. Overall, the proposal is consistent in nature with various other fixed dockage structures the Board has approved on Richmond Creek. For all of these reasons, the dock would be consistent with the rules and regulations of the Town Wetlands Law, Chapter 275, and the New York State Tidal Wetlands Act, Article 25; and would not cause a "fragmentation of ecological communities," result in the physical loss, degradation, or functional loss of ecological components, or otherwise adversely impact the adjacent wetland ecosystem. The project will thus be consistent with Policy 6. See attached. 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. VN Yes No Not Applicable The proposed fixed dock is designed to have minimal intrusion into the waterway (40 feet or 101/6) and thus would have no impact whatsoever on navigation or other public and recreational use of Richmond Creek; and the dock is proposed along a shoreline characterized by vegetated tidal marsh between the open public waterway and privately owned uplands where pedestrian access along the shoreline is absent and impractical with or without the presence of the dock. The project is therefore consistent with Policy 9. 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. 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MATCH ^ MPTCNUNE w wy / SEE SEL NO 098 / t9A _ 9/ SEE SEC NO WI seE a � SECTION NO COUNTY OF SUFFOLK © K °T° nrs oTe TrnNn°F SOUTHOLD e NOTICE �'�'%r. E a9r _ —_ _—_"--_ _ ,REHwNeEA.teBAn°Nauew s Real Property TaxSernc�Agency v oas 99e �uAne°F Q$s E pv�tee —�— we.aA•e (21) O ,. �� --w-- �ob�--�-- aUnoN °rAxv Pom�oN of TtE� Coun,y cenmr RNwrMaa.NYtl9ot M icT NO ucawlTlTawPis rAon®ten -A r A m 1006 wT urvnBTFH plBenumN er Tx .Y V�+f P PROPERTY MAP E N n A. ,zt Nefw Mu '^ °0tl� mro3Rvax 8.,1EN..n nts f 5uf'fdk Hag5trorn Map 29 I" - 3000' 58 ,n 1 _ 4 I 511E C ACa55 VIA 511lucf PROPRRIY) 25 E S 4, U � W 1 H H z 172 T e 5 1 AL1" = 40A AL A AL A` �- -� A 4' x 12' INCLINED SECTION X4 ALNotes: I. Purpose: fo provide fired point of elevated Structural APPROX. LOCATION OF PROP. 4' CLEARED PATH AL access over vegetated marsh for dockage of small, tib Private, wnxmnercLd WatercrA \1 WOODED UPLAND 2. Datum: NLLW bed APPROX. 580' TO DOCK ON ADJOINING PROPERTY TO NORTH OWNED N/F BY P. SCHINELLER �1 AL 04 fr� PROPOSED 4' x 100' FIXED AL �` y TIMBER CATWALK O 19c00 b + t 3. Water depths C referenced to MU m, transcn AL du AL A ±40 from hydros *lc %ney provided by Nathan fA Corwin III Land Surveyor, dated May 12, 2011 _ 4' x 12' FIXED PLATFORM 4. Dock to wmi5t of pre55ure-treated structural t4m6er5, open -grate deckin and hot -dipped galvanized steel hardware 5. Plan and cros5vlew diacfams of Proposed dock are sd=jatic and intended ordy to e5tabli511 protect locakion, scope, and 6asic ca5tilction details for permtttmq pupo5e5 and are not Intended to serve a5 or 5u6stttute for engireerinq or construction plans for ca6bi ctlon purposes 6. Project location: 1695 Wells Road, Pecans; 5CTM No, 1000-86-2-1.4 // +18' NIP H. & J. PIERCE— & '` v EN -CONSULTANTS 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 I'kOP05EI7 F1919 IMP POCK FOP TI1E MM T. MC6UIl?9 MVOCW TUSf ON MCNMONI7 CM, I'ECONIC, SUFFOLK CO„ NY 11 SNE�f 10F 2 II -12-15 12' MIN, 5�CION THPU PWP05�n FIX912 IM3�I? POCK 1"-10' ppO1905W F1919 POCK 104,11MP3 P, F1912 11MItI? CATWALK " CAPS & 5TRINC4 tP5 5--611 HM 4" x4" x VAP,, L. NGTH p05T5 OV�I;1112& MAk5H 88 Op�N-CiMf� P�GKIN6 8"x VAP., LtNGTH FIUN65 8 -� C TYp J +40, F19P "T" PLATFOU I 4' �, LAPP1 F "MHW - 2'-119 M LW - O' -O" �X, 6 AM MOt'O5EI7 FIXEn 11WK POCK F0k THE MM 1'. MCGLIIlT- MVOC/M� TRLISi ON KICNMONn CMK, t'ECONIC. SI FFOI,K CO„ NY SNEff 2 OF 2 II -12-15 CM ILC V.'*" N plill .15 i 00, I t Ni ire, ---- �� N plill .15 i 00, I t Ni ire, ---- �� i. ,' Approx. location of prop dock it iv Vii. A Vii Google earth vovc 1.3' ?015 = —1.6' ERENCED TO UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. SURVEY OF PROPERTY SITUATE PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-86-02-1.4 SCALE 1 "=30' MAY 12, 2015 COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THEASSIGNEES OF THE LENDING INSTI— TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. AREA = 105,929 sq. ft. (TO TIE LINE) 2.432 ac. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVEQ,.ANCLQDOPTED FOR SUCH USE BY THE ENr%O? STAif NAND TITLE ASSOCIATION. tea. a•