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HomeMy WebLinkAbout1000-139.-1-4.2 OFFICE LOCATION: ���`�OF SOUr�O. MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) G Telephone: 631 765-1938 Southold, NY 11971 rO �® P Fax: 631 765-3136 lyCouNV,�� 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 14, 2014 Re: Proposed Wetland Permit for ROGER PRAETORIUS SCTM#1000-139-1-4.2 This action was reviewed in 2009 and recommended as CONSISTENT. Since the proposed action is not significantly different form the 2009 proposal the consistency recommendation still applies. The 2009 LWRP Coastal Consistency Review follows. Proper-T Permit Services on behalf of ROGER PRAETORIUS requests a Wetland Permit to install a private recreational docking facility consisting of a fixed walkway with open-grate decking 4'X 85' supported by 8" dia. (nominal) marine piles seaward of the ordinary high water line, hinged ramp TX 16', and floating dock 6'X 20', with the float secured by up to four 8" dia. (nominal) marine piles. Located: 975 Westview Dr., Mattituck. SCTM#139-1-4.2 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 recommendation that the proposed action is CONSISTENT with the below Policy Standards and therefore is CONSISTENT with the LWRP; provided that the proposed action meets sub-policies 6.3, and outlined below. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate 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 fora 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; (2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities, [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock, [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats, [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zosters marina) and widgeon grass (Ruppia maritima) or shellfish; (8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed, (10] Whether the dock will adversely affect views, viewsheds and vistas important to the community, [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 [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. To further Policies 5 Protect and improve water quality in the Town of Southold, 6.3 Protect and restore tidal and freshwater wetlands and Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. It is recommended that the Board require that the silt boom be deployed during the construction of the dock structure pursuant to: § 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structures) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. Note that Mattituck Inlet and Creek is identified by the state as a regional Maritime Center and are a primary focus of maritime activity within the Town of Southold. The intent of Policy 10; Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations is to protect existing water-dependent commercial, industrial, and recreational uses and to enhance the economic viability of water-dependent uses by ensuring adequate provision of infrastructure for water- dependent uses and their efficient operation. The action furthers the above policy. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold D tUN LWRP CONSISTENCY ASSESSMENT FORM :5:]' wn A. INSTRUCTIONS Southold Boar 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 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# Dov - 13 y _ — V, I-- PROJECT NAME Pr a e'fv .,s L-2,9 c.lL The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ 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: I Board of Trustees Application GENERAL DATA Land Area(in square feet): 2 J, 5 3 3 f.=, Area Zoning: p Previous use of property: (�/��� "le a e Intended use of property: ,,, Covenants and Restrictions on property? -Yes No If"Yes",please provide a copy. Will this project require a Building Permit as per Town Code? Yes No If"Yes",be advised this application will be reviewed by the Building Dept prior to a Board of Trustee review and Elevation Plans will be required. Does this project require a variance from the Zoning Board of Appeals? Yes No If"Yes", please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept.? Yes _7)-/ No Does the structure(s) on property have a valid Certificate of Occupancy? Yes No �)v c) Prior permits/approvals for site improvements: r� p " Agency Date No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency?_X No Yes If yes, provide explanation: PROJECT DESCRIPTION: Install private recreational docking facility consisting of fixed wallcway and landward ramp with open-grate decking 4'x 90' supported by 6" d. (nominal) marine piles seaward of the ordinary high water line and 4x4 timbers landward of the ordi- nary high water mark, hinged ramp Tx 20', and floating dock 6'x 20', and the float se- cured by two 8" d. (nominal) marine spiles. • R Location of action: 9 7 ln/e s fid; � , M.0- ±E±U6 K Site acreage: z) 5 33/y 33'6 0 Present land use: Ai de V e J o P Present zoning classification:_2 — y a 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: a g e P ra e-- a r' 5 (b) Mailing address: Cy✓N J esy (c) Telephone number: Area Code 6 y 6 (d) Application number,if any: N v fi x,fv o wN Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes M No❑ If yes,which state or federal agency? 0 5 14LE S,JOG 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 M No n 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 El Yes El No LZI 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 �J- Not Applicable 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 1K 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 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. ❑ � F1 Yes No Not Applicable 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 N 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. ❑ YeO No LA' Not Applicable 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 [A 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 N 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 LF,,621 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 C%/% lr' i j'h o cf L TITLEDATE I l / i I I BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK I i J _ PERMIT NO. 8391 DATE: APRIL 23,2014 ISSUED TO: ROGER PRAETORIUS I PROPERTY ADDRESS: 975 WESTVIEW DRIVE, MATTITUCK SCTM# 139-1-4.2 I i AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on April 23,2014,and in consideration of application fee in the sum of$250.00 paid by The Peconic Eastern Coro.and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: t i ` Wetland Permit to construct a 4'x15' landward fixed ramp leading to a 41x75' j fixed dock using open-grate decking supported by 6" diameter piles seaward of the ordinary high water line and 411x4" posts landward of ordinary high water line; a 3'x20' hinged ramp; and a 6'x20' floating dock secured by two(2)8" diameter piles; and as depicted on the site plan prepared by Proper-T Permit Services, last dated June J` 21,2011 and stamped approved on April 23,2014. s 4 IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. i I I �o�Og11F FQ(,�cOG i o � i y • Dave Ber en-Absent j a i I I i 1 v� Y OFFICE LOCATION: �*0f SOulyO ,`O l0 MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY 11971 • �O Telephone:631765-1938 con u�rt,��' Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM MAR 1 4 2014 To: John Bredemeyer, President Town of Southold Board of Trustees Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: March 14, 2014 Re: Proposed Wetland Permit for ROGER PRAETORIUS SCTM#1000-139-1-4.2 This action was reviewed in 2009 and recommended as CONSISTENT. Since the proposed action is not significantly different form the 2009 proposal the consistency recommendation still applies. The 2009 LWRP Coastal Consistency Review follows. Proper-T Permit Services on behalf of ROGER PRAETORIUS requests a Wetland Permit to install a private recreational docking facility consisting of a fixed walkway with open-grate decking 4'X 85' supported by 8" dia. (nominal) marine piles seaward of the ordinary high water line, hinged ramp TX 16', and floating dock 6'X 20', with the float secured by up to four 8" dia. (nominal) marine piles. Located: 975 Westview Dr., Mattituck. SCTM#139-1-4.2 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 recommendation that the proposed action is CONSISTENT with the below Policy Standards and therefore is CONSISTENT with the LWRP; provided that the proposed action meets sub-policies 6.3, and outlined below. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 9. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate 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; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities, [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore.- [4] oreshore;[4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock, [5] Whether the dock will cause degradation of surface water quality and natural resources, [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats, [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass(Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation, [9] Whether the dock will be safe when constructed, X101 Whether the dock will adversely affect views, viewsheds and vistas important to the community, [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 j121 Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. To further Policies 5 Protect and improve water quality in the Town of Southold, 6.3 Protect and restore tidal and freshwater wetlands and Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. It is recommended that the Board require that the silt boom be deployed during the construction of the dock structure pursuant to: § 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. Note that Mattituck Inlet and Creek is identified by the state as a regional Maritime Center and are a primary focus of maritime activity within the Town of Southold. The intent of Policy 10,Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations is to protect existing water-dependent commercial, industrial, and recreational uses and to enhance the economic viability of water-dependent uses by ensuring adequate provision of infrastructure for water- dependent uses and their efficient operation. The action furthers the above policy. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney A aciuo I000 PROPERTY MAP N CO /At �\ o Aw 9 _ `a-4g �N 13 11 'm n� c} a ,a3 � a �m` ,o 1)q(1 %04 e' Q- a A °t a o a � k 1100-� `"' 'O'__ NOTICE ytw�` COUNTY OF SUFFOLK © E m" SOUT1OW SECTION NO „ .'"'a Tax Sery Real Property A e� LountyCenleElcegency v RivemeaU,NYt,901 MESE 139 p ��s �a iaicr rro 1000 PROPERTY MAP Survey for: ' F :� ROGER PRAETORIUS MAY 3 1 2016 At 1 Mattituck FLOAT E Sea�yoldTa�+n Town o RAMP WOOD DOCK Southold 292 S Suffolk County, New York S.C.T.M.: 1000-139.00-01,007004.002 V 40 0 40 et�y s I X ��� w > �0 'gyp SCALE:1"=40' -4 Ot t 0e w N P �56 vn m 4 . \GX\ Z6 = NOTES: r R 1� 1. AREA = 21,533 S.F. — 2. ■ = MONUMENT FOUND, 0 — STAKE SET, 'pO 01. O = PIPE FOUND. 3. WATER DEPTHS ARE REFERENCED TO APPARENT G LOW WATER, Q�1 N V 31p,5S .�LJ JO o N6� AQP Q ��N�5) 485 \M�� 0���PDQ PNGE F\ 16 MAY 31, 2016 AMENDED PROPOSED DOCK + -011 + 1 38 + -5 23 • -3 16 1 60 ` 2 \,\ 95 SPR° P`'�F ��O� �,� DEC, 23, 2009 ADDED LABELS "Os "Os OF 2009 OCT. 22, 2009 IND ELEVATIONS SEPT 21, 2009 SURVEY& UPDATE INDICATED SECTION \\\ 0 MPR v0QQ�G � DATE: MAR. 113, 2009 \ + 042 ' 1 77i F�y�o F � N�oG ca���� JOB NO:2009-056 + -494 + -236-1 04 -10 z 4 88 \ e \1v to 722 t OR 2 OPOSQQ Oc, � (!� 1 S'(P�G QOG 1 p�oN \ t�\e� ave OS�Q OSE'D F�°P8 e�ES eR�PM \"7 01 a' Ot o� W\-l6 xz0) `g x2 F 5 21 35 1 / C + -2-71�* 035 � 0 l j/ �O e� _ 31 32 6 \ 380't 4p 1 r � -0. TO SHORELINE 1 Xm -' W V� " _?� 4N. 0 100094 1 z d s 1 �Ot� j SECTION: }I SCALE: 1"=20' T 1 7 56 NOTE ALL HARDWARE GALVANIZED 1 N 1 ALL MATERIALS FROM 494 PROPOSED FLOAT PROPOSED DOCK APPROVED LIST • 1 16 (6'x20') 4'x75' 3 S' ABOVE DAVID H. FOX, L.S. P.C. N.Y.S.L.S. #50234 T GRADE 1 , 1 19 ' 037 PROPOSED RAMP PROPOSED RAMP FOX LAND SURVEYING T —2 64 (3'x2o') i (4'x15') 64 SUNSET AVENUE /` -4 46 ` _ — 4 63 HW i� ' � ,1_�_ WESTHAMPTON BEACH, N.Y. 11978 (631) 288-0022 763 'I EDGE OF WETLANDS • UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY 1 34 Lw BOTTOM — — IS A VIOLATION OFSECT10N 7209 OF THE NEW YORK STATE \ EXISTING _ — EDUCATION LAW COPIES OF THIS SURVEY MAP NOT BEARING ' -0 h9QOGK EL= -5 4_ 8" DIA PILES HALLANOTSBE CONNSIDERED TO BE AYOR*S INKED SEALO VALID OTRUE COPY • -1 66 WOOQ (105' O/C) CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE + -3 N,P PERSON FOR WHOM TI-4E SURVEY IS PREPARED ND ON S BEHALF TO T E TITLE COMPANY. GOVERNMENTAL AGENCY • -517 RP AND LENDING INSTITUTION LISTED HEREON , AND TO THE Fv- ARE NOTSTRANSFERABLEOF THE LENNTOI ADDITIONAL INSTITUTIONS ON OR SUBSEQUENT OWNERS DWG: 2009-056 I