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HomeMy WebLinkAbout1000-106.-6-29 OFFICE LOCATION: *Of SU(/r�Ol MAILING ADDRESS: Town Hall Annex P.O Box 1179 54375 State Route 25 Southold, NY 11971 (cor Main Rd. &Youngs Ave.) Southold, NY 11971 ® �p� Telephone: 631 765-1938 . Comm Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date- March 20, 2017 Re. Local Waterfront Revitalization Program Coastal Consistency Review for LEE SCHULTHEIS SCTM# 1000-106-6-29 LEE SCHULTHEIS requests a Wetland Permit to construct a 4'x12' landward fixed ramp leading to a 4'x44' catwalk to be 4' above grade of wetlands; a 3'x15' adjustable ramp; and a 6'x20' floating dock configured in a "T" shape; the total length of the structure not to exceed•78 linear feet; and the use on non-treated lumber on the decking of the dock. Located: 372 North Drive, Mattituck. SCTM# 1000-106-6-29 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 action is INCONSISTENT with the below listed Policy Standards and therefore is INCONSISTENT with LWRP. 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. Tropical hardwoods are proposed and are not permitted unless it is certified by the Forest Stewardship Council or similar organization. The species and certification is unknown. 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] 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 ee/grass (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. 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 proposed dock structure will extend into public trust 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 action. Town of Southold D E C_ E LWRP CONSISTENCY ASSESSMENT FOR3 MAR 15 2017 A. INSTRUCTIONS 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 malting 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# 1000 - OG - �o '-0'(9 PROJECT NAME .Sc I i i J'fJe;1;5 D o c. 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: Construct and install small pleasurecraft catwalk and dock approx. 77 linear feet including 6 ft. x 20 ft. float (horizontal to shoreline). Lumber (piles and framing) to be tropical greenheart or marine CCA pressure treated. Decking to be non-treated lumber or non-treated inert materials. • �Y1 ' Location of action: 37�- N r- -fir, a)- V_ l0,'4144( k., C� Site acreage: o,"73 aU�rtB Present land use: 5 i V ,-C t y �l,�C 41-c Present zoning classification: Z�AO%; j 6A, 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: Ze4e, Say (-f-�Ols (b) Mailing address:_ .372- No of l- (c) Telephone number: Area Code(� (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes 4t!$ No❑ If yes, which state or federal agency? NYS Dept. of Env. Conservation/NYS Dept.of State Coastal Resources, U.S.Army Corp.of Engineers. 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 LVVRP Section III—Policies; Page 2 for evaluation criteria. Yes ❑ No ❑ Not Applicable Project is within community development standards in minimizing length of catwalk and dock and alleviating any undue visual impacts, using untreated or inert materials or marine CCA to minimize adverse impacts to the waters or environment of the Town of Southold. 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 There are no known archeological or historic resources at this site or within _ proximity to the site that would otherwise possibly be visually impacted or otherwise —therefore no impacts on any known archeological or historic sites are predicted as any outcome(s) of the proposed action. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LVWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes ❑ No ❑ Not Applicable See answers to Policies 1 & 2 above. 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 No erosion or flooding should occur at all as a result of the construction or placement of the proposed docks. No flooding or erosion will result as project does not create any increase in non-pervious or non-permeable surfaces and will not lead to causing any differences in tidal flows or other water fluctuations and movements of the waters of Mattituck Creek. 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 Non-treated lumber and CCA is consistent with local practice in dock construction. No permanent changes in sedimentation will occur. Float for docking will be in minimum 4 ft. depth at low water, and any "prop dredging" that may otherwise occur in shallower waters will be insignificant if any. 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. XsJ ❑ ❑ Yes No Not Applienhle Because other docks exist immediately adjacent on each side of the proposed project site, there will be no significant changes in any wildlife disturbances as a result of making use of the completed dock project. The fish of Mattituck Creek will not be affected by this dock installation except minimal disturbances during construction, but nothing long-term. 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. D9 Yes ❑ No❑ Not Applicable Project will have no air emissions, therefore no impact on air quality. 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 There will be no waste discharges. All materials in excess during construction will be collected and not left to drift. 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. YIJ Ye.❑ No❑ Not Annlicable Public Access to shoreline will remain unaffected. Anyone desiring to walk the creek shoreline may easily walk around the proposed dock structure. Public Access to the creek will be unaffected, but will be enhanced for the Property owner, friends and guests for water recreation or scenic views. 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. 5d-' Yes ❑ No ❑ Not Applicable Project as proposed is in the most suitable location to allow for dock traversing over least amount and width of wetlands, minimize construction impacts, be in accordance with local water dependent uses in the Mattituck Creek area, and situated to not interfere with adjacent dock locations. 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 Use of non-treated lumber, inert materials and marine CCA lumber should minimize long-term adverse impacts. Collection of excess waste lumber generated at construction should mean no adverse impact on local Creek waters. It is not expected that there will be any significant cumulative impacts associated from this project as planned or proposed. 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 X Not Applicable Not situated in agricultural areas, therefore no effects on agriculture either directly or indirectly. 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 TJ Not Applicable Not an energy related project. PREPARED BY U1 rh e �s TITLE QUA l7 eY'_ DATE oZ117 S.C.T.M. N0. DISTRICT: 1000 SECTION: 106 BLOCK: 6 LOT(S):29 *ODD VIALI .41 FEB 1 6 2017 o 0 MN33 3a4X)O1S .9 S 89'48'00" E 361.21 ' T Southold Town 35N3! m •- —�_Bmrd of T. p5,C�es -----J 141.6' nu cs `n sa3e + l .:. h.. NXor _ .9 ffi1"t N c�3g3 ra In Y W0.j \~Y Oc \c�" D {� 1y CCK wr 'f N N9•yt'o _ �l io . . •,W Y o.fITJW b11( N /Qt/ t' Avc .FrV2..ClUa 'Y c FLORTM TIDAL WETLAND LINE0O AS FLAGGED BY 007 )-.4 NOV. 21.27o O O ' Ico o e•.Ta OCL Z 66.0 15' R.O.W. t� � o•-- -•- t— F _ - -_- •_• 1 = rn•••-• •- CREEK woT33N3.4 J3�td t .ro:< •288.00' ZVO O SHM M SEA�WD Em 0f z ' I wTE IDAL VEWAT M O J THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS AREA: 31,984 SQ.FT. OR 0.73 ACRES ELEVATION DATUM- ____________—�_________ - UNAUTHOIRIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SEC17ON 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY ANAP 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 MHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHONN 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, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: P/0 LOT K CERTIFIED TO: GARY GUJA; MAP OF: SHORE ACRES FILED: JANUARY 3, 1914 No.41 SITUATED AT: MATTITUCK RECORD DEPTH SOUNDINGS & INTERTIDAL MARSH 01-06-17 TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC REVISE CATWALK & DOCK 08-17-08 SUFFOLK COUNTY, NEW YORKProtesaional Land Surveying and Design STAKE PROPOSED DOCK 07-11-08 P.O. Box 153 Aquebogue, New York 11931 ADD PROPOSED DOCK 02-25-08 rFILE1 -03 SCALE: 1"=40' DATE. MARCH 16, 2005 PHONE (831)298-1588 PAX (831) 298-1588 LOCATE FLAGGING 01-25-08 N.Y.S. LISC. NO. 050882 maintaining the records of Robert J. 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L ` 1 FEB 1 6 2017 Lee Schultheis: 2/17/17 r 1 mro- FRI-)�0 moo— 0 E D D 0 CE,K ,42 IM0111) Drive PLANMEW (Suffolk Coifinty) SCTM #1 004)06-622W L IAHWasSurveyed extreme low water Hw as �j A 0 z Avef Low water 52.186 W 43.336 Tidal Wetland Line flagged by P Anderson on Nov. 21, 2007 ft 4 ft catwalk/do -15 ft at i.,LW -aft at ALW 4 ft x 12 ft onramp L-r--X ped Oft above grade" Se" I\ds) -4 ft at ALW 0 �A A r%r% area barren of TVV ve etation At w//blue ribbon 3fy)( 15 ft float ramp 2-8"floatpi les 35.00 0 _ 6 x20 ft flock -2117/17 tion 't Submitted by: Lee Schultheis seawar e geofwetiandvegea I 66. 5 Phone: (207) 232-1984 78.27 Email: LSchlthsCcD_Hotmail.com Field Inspe tion wo n surements depth soundings on'; January 6, 2017 I of 3 Lhzite ipR8'Mcft Feet Lee Schultheis.- 2/17/17 'J !, [L- 372 North ®ride '7-' r � I Mattituck, NY 11952 j FEB 1 6 2011 (I (Suffolk County) ; SCTM # 1000-106-6-29 's, _._..._.. pile sizes: 6" round piles seaward of tidal wetland ve . 4" square supports landward of wetland vegetation aft x 15 ft floatramp 2-8 round floatpiles 4ft x 44ft catwalk/dock (min Oft above grade of wetland veg. UPLAND Oft x 12 ramp 26" above aver high water) 6ft x 20 ft float p 76.381 pile pp its 2-8" oatpiles this area barren of vegetatio Locati ne Stk w/blue ribb 8/ 4/08 s awa ed a cr v g. -3.0 ft water Extreme ow water r to ater � -1. • L HW as surveyed -4.0 ft Aver low water Wetland boundary limit Aver. Low wa er E reme low water Submitted by: Lee Schultheis-2/17/17 Phone: (207) 232-1984 Email: LSchlths aal-lotmail.com p. 2 of 3 Scale iso I inch WO feet Pete's Marine Construction PO.Ba:961•Cwchag..NY n93s•631=73s•9on pc1,c=narinccons1ry coon@gmaitcom 12/04/16 Lee Schultheis 372 North Drive Mattituck,NY 11952 Estimate regarding new construction of dock: 4x12 ramp attached to 4x44' dock with 3x 15' aluminum ramp with a 6x20 floating dock • The setting of 6 Greenheart 4x4"timber 20' in length • The setting of 8 8"butt CCA, (marine grade treatment),piling 20' in length • The setting of 4 8"butt CCA,(marine grade treatment),piling 25' in length at the most offshore end of dock • Caps, (crosspieces),will consist of 3x8" CCA timbers 4' in length and threw bolted with 5/8" galvanized hardware • Outer stringers will consist of 4x6" CCA timbers bolted and butt-blocked at the joints with 1/2" galvanized hardware and bolted at each pile with 5/8"galvanized hardware • Inner Stringers will consist of 2x6" CCA timbers bolted and butt-blocked at the joints with 1/2" galvanized hardware and nailed to caps with 20D galvanized nails • 1 x4' ThruFlow decking will be fastened down with ThruFlow specialty screw • 3x15' Aluminum ramp • Floating dock will consist of 3x6" CCA timber outer stringers, 2x6"CCA timber inner stringers and bolted at comers to 4x4 CCA timbers with 1/2"galvanized hardware. 4x6x 12"tub floatation will be fastened to timbers with 1/2"galvanized lags. 1/2" eye bolts and 3/8"mooring chain will be attached to connect to 2 10"butt CCA 30' in length float piling. Decking will consist of 5/4x6" Ipe fastened down with stainless steel screws. FEB 1 6 2017 Southold Town a