HomeMy WebLinkAbout1000-56.-5-22 OFFICE LOCATION: O��Qf SOUryOI MAILING ADDRESS:
Town Hall Annex ® P.O. Box 1179
54375 State Route 25 Southold,NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY 11971 ® �pQ Telephone: 631 765-1938
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LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Michael Domino, President
Town of Southold Board of Trustees
From: Mark Terry, LWRP Coordinator
Date: May 16, 2017
Re: Local Waterfront Revitalization Program Coastal Consistency Review for
CHARLES & MARILYN SOUTHARD
SCTM# 1000-56-5-22
CHARLES & MARILYN SOUTHARD requests a Wetland Permit to construct a 4'x23'wood
catwalk; a 3'x8' ramp; a 4'x10' wood floating dock; and to remove five (5) dead trees on the
property. Located: 435 Bay Home Road, Southold. SCTM# 1000-56-5-22
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.
The dock located to the north of the subject parcel on 1000-56-5-21 does not comply with the
Board of Trustees permit 5612. The permitted dock is much shorter.
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 for a dock
structure, the Trustees shall consider whether the dock will have any of the
following harmful effects:
[2] Whether the dock will unduly interfere with the public use of waterways for
swimming, boating, fishing, shellfishing, waterskiing and other water-
dependant activities,
[4] Whether the dock will significantly impair the use or value of waterfront
property adjacent to or near the dock;
The proximity of existing and proposed docks are close and use may
be affected.
(5] Whether the dock will cause degradation of surface water quality and
natural resources;
(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.
It is unclear whether the five dead trees can be removed. A 50' wide Non
disturbance/Non fertilization buffer was established under Wetlands Permit 7103. A
four foot path was the only exception. The clearing for the dock in the west appears
to infringe on the buffer 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 U
LWRP CONSISTENCYASSESSM ENT FO D E C- �V s�
1
A. INSTRUCTIONS [MAY ® 9 201
�._. 1�F�
SOUtI'DId Tom
1. All applicants for permits* including Town of Southold agencies,Lsh4l cc pleW liis�C.A�F 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 sunporting and non-
supRorting 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 - 56 - 5-22
PROJECT NAME Construction of Catwalk and Dock
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(a•g• capital ❑
construction,planning activity,agency regulation,land transaction) ❑
(b) Financial assistance(p.g. grant,loan,subsidy)
(c) Permit,approval,license,certification:
Nature and extent of action:
Review and Approval to construct
l �
Location of action: 435 Bay Home Road, Southold NY
Site acreage: .318
Present land use: Single family residence
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: Charles W. Southard Jr
(b) Mailing address: 435 Bay Home Road, Southold N.Y. 11971
(c) Telephone number: Area Code(61-772-7070
(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? NYS Dept of Environmental Conservation
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 Evill 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,snakes beneficial use of a coastal location,and
Minimizes adverse effects of development. See LNYRP Section III—Policies; Page 2 for evaluation
criteria.
❑Yes ❑ No Q"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 D 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 ❑ Indo R 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 S through 16 for evaluationcriteria
❑ Yes ❑ No uyNot Applicable
Attach additional sheets if necessary
Policy S. Protect and improve water quality and supply in the 'Town of.Southold. See LW12P Section III
—Policies Pages 16 through 21 for evaluation criteria
❑ Yes ❑ Into EyNot 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 LAW Section III—Policies; Pages 22
through 32 for evaluation criteria.
❑ ❑ ❑
Yes No Not Applicable
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See L RP Section In -- 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 LMRP Section III—Policies; Pages 34 through 38 for evaluation criteria.
❑ Yes ❑ No D Mot Applicable
PUBLIC COAST P®LIC]ES
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 evaluati®n
criteria.
❑ YeJ-1 No Not Applicable
Attach additional sheets if necessary
WORG COAST POLICIES
Policy 10. Protect Southold°s water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section IH—Policies; Pages 47 through 56 for evaluation criteria.
❑ Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
.Policy 11. Promote sustainable use of living amarine 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 M 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
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 Chanes W. Southard Jr TITLE Owner DATE
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Southold, New York 111-11 Southold, New York 114111
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6"dia piles I. All pilings shall be 6" diameter minimum of approved treated lumberschedule 80 pvc pipin Gros e th u
3x8 treated framing members 2. All pilings shall be driven or Jetted to minimize disturbance to wetlands Fropo5ed Structure
2x6 treated decking Pressure treated wood used for construction of In-water structures must have been
2x8 treated Joists treated with a preservative and must have undergone a treatment process approved Walk 4 F I oat Deta i l
5. (stamped or otherwise marked as certiFled) by the American wood Preservative
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galvanize _
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Southold, New York 11111
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MAP OF WILLOW POINT 5UBDIVISION Canal to Sudd's Pond
File se 4652 Filed Jun® 16,1966 y P 0 Fiood Mb
Situated At �� ° -4A -4.8—�"
ARSHAMOMAOUE ° 2�
Town of Southold q ,ry-9, -4a -4.2
Suffolk County, New York
SOTM# 1000-56-05-22
Area = 13,834.65 sq. ft. or .518 acres
NOTES:
1. Elevations are referenced to N.G.V.D. IQ88 Datum °°h " ` a 0XI•U"suIwwm
2. This property is in Flood Zone AE Elevation (9 10
4 X as shown on f l ood Insurance 4 4 "°
Rate Map # 5610500158H Zone AE: 0 9, D+9D °'•" �'"d1ead
Base flood determined 9
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Chapter 2"15 Wetlands and Shoreline scale I = 20.0 Soutlj�ld ToNrn
2"75-11 Construction and operation.standards L�.�__EriiotTrustees J
[2] Within creeks and other narrow waterways, no dock length shall exceed 1/5 the total width of the
water body. Determination of the length of the dock must include the dimensions of the vessel.
[b] If any part of a residential dock structure includes a float or floating dock, the float >�EGIs
or floating dock portion shall be designed so that, with the exception of the pilings: pR�6SrF9F
[I] It is no larger than six feet wide and 20 feet long except on Fishers Island if the need is co Cj
demonstrated; or of equal square footage as determined by the Trustees;
[ii] No part of the floating dock will contact the bottomiand during a normal low tide.
[c] In determining the permitted length of a proposed residential dock, the Trustees shall seek to
maintain lengths consistent with the other docks (i.e., pier line) in the waterway which meet the
requirements of this chapter. Y
[d] Pilings shall not project more than three feet above the surface of a dock or catwalk unless a '
need for greater height is demonstrated.
Charles K Southard Jr. Catwalk 4 Floating Dock
A R G H I T E G T for Southard Residence = I
455 Bay Home Road 455 Bay Home Road
Southold, New York IIg71 Southold, New York lIcIll
Phone (651) 4-11-5228 cwsorchitect@optonIIne.net Mar. 20, 2017