HomeMy WebLinkAbout1000-115.-12-9 OFFICE LOCATION: *Of SU(/Ty010 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
O Fax: 631 765-3136
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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: March 16, 2018
Re: LWRP Coastal Consistency Review for JOHN & EVELYN BRAUN
SCTM# 1000-115-12-9
Jeffrey Patanjo on behalf of JOHN & EVELYN BRAUN requests a Wetland Permit to remove existing
fixed dock, ramp and float; construct in same location a new proposed 4'x45' fixed dock using thru-flow
decking and supported with 8" diameter cca piles; a 3'x16' aluminum ramp; and a 6'x20' floating dock
using un-treated timber decking secured by two (2) 10" diameter cca piles. Located: 680 Deep Hole
Drive, Mattituck. SCTM# 1000-115-12-9
THE ACTION IS LOCATED IN A NYSDEC CRITICAL ENVIRONMENTAL AREA.
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
INCONSISTENT with the below Policy Standards and therefore is INCONSISTENT with the LWRP.
The applicant has not demonstrated that the action meets the below policies.
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 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:
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terminus of the dock. Vessels located in areas with inadequate
water depth results in bottom scarring, species loss and turbidity.
[6] Whether the dock will cause habitat fragmentation and loss of significant
coastal fish and wildlife habitats;
The proposed action is located within a New York State Critical
Environmental Area. At the discretion of the Board of Trustees, any
operations proposed in critical environmental areas (§ 275-2) may be
subject to more stringent requirements than detailed in this section.
Such requirements may include, but are not limited to, denial of
certain operations, shortening or reducing the size of structures,
and increasing the width of non-disturbance buffers.
[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;
A loss of commercial/recreational shellfishing areas will occur as a
result of this action.
[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;
The extension of pre-existing dock structures into public waters to
accommodate larger vessels is changing how the public uses the
waterway.
[12] Whether adequate facilities are available to boat owners and/or operators
for fueling, discharge of waste and rubbish, electrical service and water
service.
Not discussed.
9.4 Assure public access to public trust lands and navigable waters.
E. Provide access to, and reasonable recreational use of, navigable waters and
public trust lands under water.
1. Provide for free and unobstructed public use of all navigable waters below the line
of mean high water for navigation, recreation, and other public trust
purposes, including the incidental rights of public anchoring.
The proposed dock structure (if approved)will result in a perpetual loss in
unobstructed public access and use of public underwater lands equal to the
dock and vessel dimensions. The narrowness of the waterbody in this
section of Deep Hole creek coupled with the length and fixed nature of the
dock could impede navigation of other vessels.
The LWRP states "Piers, docking facilities, and catwalks must not result in
an unnecessary interference with use of public trust lands. Alternatives to
long piers or docks include use of dinghies to reach moored boats and
mooring in nearby marinas. Dredging solely to accommodate the draft of
larger boats is not a recommended alternative'
In the event that the action is approved; to further policies 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 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.
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: Damon Hagan, Assistant Town Attorney
Town of Southold rMAR122018�s U E
LWRP CONSISTENCY ASSESSNIENT "®II I
A. INSTRUCT EONS outhold Tcwnanning 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 Lazard 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 Devitalization 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. I£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 bc_eaplainned lel detsuil,_listing both supponfing 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. D ESCPJPTION OF SET1E AND PROPOSED ACTEON
SCTM## 1 1
PROJECT NAMF, f!-e-12— re e w-c-,t 4- f,4 (o *f to Dre o 41 c O/I t u e-
The Application has been submitted to(check appropriate response):
Town Board ❑ Planniug Bomird❑ Building Dept. ❑ Board of Trustees I-J
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: E?—
Nature and extent of action:
Sen44c► e4ec-e
John L. & Evelyn R. Braun
680 Deep Hole Drive
Mattituck, NY 11952
SCTM No.: 1000-115-12-9
PROJECT DESCRIPTION:
The project includes removal of the existing fixed pier, ramp and float and replacement with proposed
45' long x 4'wide fixed pier with thru-flow decking and supported with 8"diameter cca piles, proposed
T wide x 16' long aluminum ramp and proposed 6'wide x 20' long floating dock with un-treated timber
decking supported with 2-10" diameter cca piles.All work to be in same location as existing permitted
dock.
I
P
Location of action: 6J0 D-r-ee A® Imo. ID/Lt vL - M k.-�
Site acreage: 0 • 2 Z
Present land use: 5•
Present zoning classification: (2-C S
20 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:_ �o �n t-' `' y n fL. e)t et L,v%.
(b) Mailing address: e w p o w
�d-n.va clC-, N� 1 17 ;L
(c) 'Telephone number: Area Code
(d) Application number,if any: I A
Will the action be directly undertaken,require funding,or approval by a state or federal agency?
Yes U No❑ If yes,which state or federal agency? t14 S O®s j-3tASO C e- A ld q G,4-pl
Ce Evaluate the pro, ect 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°
fncomzplete answers will require that the form he returned for completion.
DEVE,LOPE COAST POLICY
Policy 1. IFoster 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 ILWRP Section IDEA—Policies-, Page 2 for evaluation
Criteria.
2'Yes ❑ No ❑ Not Applicable
Proj-ee•k m&tCe 6eaae•6em(_ uSe- of- b Cg-rt®,u 'Pod- e.s
Cc-ns6 S."on ,tere-rte rorrv.rY,4Vltoti Pro PC a,l'etS
Attach additional sheets if necessary
Policy 20 Protect and preserve historic and archaeological resources of the Town of Southold. See
ILWRP Section FIR-�-;TP�-oEa�cies Pages 3 through 6 fou°evaluation criteria
F] `ides El No [— Not Applicable
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
iLWR P Section IH-Policies Pages 6 through 9 for evaluation criteria
❑ryes ❑ No ❑ Not Applicable
Pry Pr®.,,Qec- rv&- e,,— ,Jew f&orc,-tia S-rrvc ru« 16 PFace o f-
a n®t<-e Plc/t .
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of Rife, stiamtu res, and natural resources from flooding and erosion. See ILWR3P
Section VIII[-Policies Pages E 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 P Section III
-Policies Pages 16 through 21 for evaluation criteria
F] `Iles ❑ No UghNot Applicable
Attach additional sheets if necessary
Policy 6e Protect and restore the quality and function of the Town of Southold ecosystems including
Significant CoastaR Fish and Wildlife Habitats and wetlands. See ILWRP Section IIIA-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 'gown of Southold. See ILWRP Section IRE — Policies
Pages 32 throwrgh 34 for evaluation criteria.
❑ Yes ❑ Ido I ' l o Applicable
Attach additional sheets if necessary
]Policy 8. Mind mite environmental degradation in 'frown of Southold from solid waste and hazardous
substances and wastes. See LVVRP Section III—Poifeies9 Pages 34 through 38 for evahaatiop criteria.
❑ Yes ❑ No 2 loot Applicable
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public Rands, and public
resources of the Town of Southold. See TLWRP Section Alf—Policies; Pages 38 through 46 for evaluation
criteria.
ET41 No❑ Not Applicable'
rE"Qg,d,+ alIv-,S -aA- 44 6--hgVeaQ meeeds -f-® o,vg4—e2s F,ft—
Attach additional sheets if necessary
WORNING COAST POLICIES
Policy 10. Protect Southold°s water-dependent noses and promote siting of new water-dependent asses in
suitable locations. See L�'JIItP Section III—Policies; Pages 47 through 56 for evaluation criteria.
❑Yes ❑ No [9"N"ot Applicable
Attach additional sheets if necessary
Policy 11. Promote sustainable arse of lining marine resources in ]Long Island Sound, the Peconic
Estuary and Town waters.
waatt<e>rs. See ILWRP Section NII—Policies; Pages 57 through 62 for evaluation criteria.
❑ yes ❑ No U Not AppEfca bRe
Attach additional sheets if necessary —
Policy I2• Protect agricultural lands in the Town of Southold. See 1[ WRP Section Ul — Policies; Pages
62 through 65 for evaluation criteria.
❑ Yes ❑ Ido 13"Not Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See ILVVRP
Section III—Policies; Pa es 65 through 68 for evaluation criteria.
❑ fifes ❑ rqo Not Applicable
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4' WIDE X 45' LONG W/ THRU-FLOW DECKING
PROPOSED 8"0 CCA PILES (TYP.) Mttituclt ®r
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PROPOSED 30" WIDE X 16' LONG
8 ALUMINUM HINDGED RAMP
45' PROPOSED 6' WIDE X 20' LONG LOCATION MAP
FLOATING DOCK' SUPPOORTED W/ N.T.S.
6 W/ (2) 10"0 CCA PILES
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PSECTION
sed Pier Permit Plans SCALE:
AS NOTED
� DATE:
TYPICAL SECTION & LOCATION MAP 1.31-18
680 DEEP HOLE DRIVE
SCALE: H: 1"=20' TITUCK, TOWN OF SOUTHOLD
V: 1"=2' SUFFOLK COUNTY, NY SHEET:
MAP N0. 1000-115-12-9 2 of 2
K SAVE
UFF,0j
- .
NE
EXISTING ADJACENT DOCK
' WIRE FENCE o V
198.00 --- -- F;-------
_—WEE ---------------
---------- -
ONE WALK
STn GRAVEL DRIVEWAY O
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WIR CE
80
S87°19'20E EEN E WING SET // 2 STORY
� S RESIDENCE
,z PROPOSED OPEN-GRATE DECKNG TO BE o
o FLOW-THRU INTERLOCKING PANELS OR EQUAL �o
PROPOSED FIXED ELEVATED PIER 45' LONG X 4' WIDE SHED o H
SUPPORTED WITH 6"0 PILES ® 8' O.C. (TYPICAL BOTH SIDES)
1 u IN SAME LOCATION AS EXISTING TO BE REMOVED _ _ {�1� "
y ` J
r EXISTING PIER, RAMP AND FLOAT TO BE'.REMOVED SHED — 186 0
C '
VEGETATED WETLANDS LOCATED AS LOCATED � r-
BY J. PATANJO ON 1-26-18
FEB 1 5 201
PROPOSED ALUMINUM RAMP m �
16' LONG X 3' WIDE IN SAME Soutfi^f- ,,n
LOCATION AS EXISTING I7rsree
PROPOSED 20' LONG X 6' WIDE FLOATING DOCK j
SUPPORTED WITH (2) 10"0 PILES IN SAME PROPERTY OWNER:
LOCATION AS EXISTING ! JOHN L. BRAUN
R. BRAUN
NOTES: j 14ELYN LONG BOW LANE Proposed Pier Permit Plans SCALE:
1. ELEVATIONS REFER TO N.G.V.D. ;1929 DATUM
COMMACK, NY 11725 1"=20'
2. LOT AREA: 9,6001S.F. / 0.220 ACRES PREPARED BY: PROPOSED PLAN DATE:
JEFFREY PATANJO 1-31-is
3. PORTIONS OF PLAN FROM SURVEY PREPARED BY: P.O. BOX 582
JOHN GERD HEIDECKER- LAND SURVEYOR BOHEMIA, NY 11716 680 DEEP HOLE DRIVE
42 CROWN, STREET, KINGSTON, NY 12401 631-484-9332 MATTITUCK, TOWN OF SOUTHOLD
2018 JJPATANJO�GMAIL.COM SUFFOLK COUNTY, NY SHEEP:
SURVEY LATEST DATED JAN. 16,1 TAX -MAP N0. 1000-115-12-9 1 OF 2
NOTES Unauthorized alteration or
addition to this survey is a
1 FIELD WORK WAS CONDUCTED JANUARY, 2018 BY HEIDECKER LAND SURVEYING, PLLC violation of section 7209,
AND ALL MEASUREMENTS WERE TAKEN ON THE GROUND -- _ subState Education
t of the New York
� � T�;. f-' _; � tion Law Copies of
2 PROPERTY LINES, BEARINGS, AND NORTH ARROW ARE BASED UPON DEED FILED WITH �l; } h I_, i1 1 this survey map not bearing the
HEIDECKER LAND SURVEYING I land surveyors inked or
THE SUFFOLK COUNTY CLERK IN LIBER 12145—PAGE 260 ;----� embossed seal shall not be
3. SUFFOLK COUNTY TAX ASSESSOR DESIGNATION 'y I considered to be a valid copy
DISTRICT 1000—SECTION 11500—BLOCK 1200—TAX LOT 009 000 L F E B 1 5 2018
4 THIS IS NOT A TITLE SURVEY AND IS SUBJECT TO ANY STATE OF FACTS A FULL AND 1
CURRENT TITLE REPORT MAY REVEAL
5 ALL EASEMENTS MAY NOT BE SHOWN
Board
6 UNDERGROUND UTILITIES ARE NOT SHOWN PRIOR TO CONSTRUCTION THE CONTRACTOR
SHALL CALL "CALL BEFORE YOU DIG" AT (800) 272-4480 AND HAVE ALL UTILITY LOCATIONS o
MARKED ON THE GROUND o
7 AT THE TIME OF THIS FIELD SURVEY THERE WAS SIGNIFICANT SNOW COVER. NEW SUFFOLK AVENUE
SECTION 115-BLOCK 12-TAX LOT 9 POINT OF BEGINNING 0)
N/F JOHN L. 8c EVELYN R. BRAUN �,
LIBER 12145-PAGE 260 00
ZSECTION 115—BLOCK 12—TAX LOT 8
S . 87019'20" E 198.00' WIRE FENCE
O WIRE FENCE IRE FENCE WOOD"FENCE CEDAR STUMP--' (/)
s
s AREA= �� STONE WALK
�r 9,600 SQ. FT. SWING SET / 27 9' O T
OR FIRE PIT / / #680GRAVEL DRIVEWAY V
o ' - - - - - - -
0.220 ACRES
2 STORY 10-
WOODEN PIER RESIDENCE /
a � 0
� TRASH
N � SHED
ENCLOSURE
BOAT STORAGE
o STONE WALK (n
cn SHED O
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N 87'19 20 W wooD POST 186.00
SECTION 115—BLOCK 12—TAX LOT 10 REBAR FOUN % J�
1 0.2 SOUTH rn
1 .5 WEST _ III
Cn
CERTIFICATION 1 a
1 JOHN GERD HEIDECKER, A LICENSED LAND
SURVEYOR IN THE STATE OF NEW YORK (LICENSE NO
50719), Do HEREBY CERTIFY THAT THIS MAP WAS
PREPARED IN ACCORDANCE WITH THE EXISTING CODE
OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE
NEW YORK STATE ASSOCIATION OF PROFESSIONAL
LAND SURVEYORS THIS CERTIFICATION EXTENDS ONLY
TO THE PARTIES NAMED BELOW AND IS NOT
TRANSFERABLE
1 JOHN L BRAUN N� MONUMENT FOUND
2. EVELYN R BRAUN .-`��R� HE/p�O�
_+ SURVEY PREPARED 7FOR� o,� gT 7� g�
0 10 20 30 r 0 0 _� JOHN i' L. aDG E tl�EL Y V 1 b. BRAUN P17HL 2110
METERS ) N GERD HEIDECKER N,Y. STATE LAND SURVEYOR LIC. # 050719 DATE- PROPERTY SURVEY SHEET NO.
IN J� 42 CROWN STREET JANUARY 16, 2018 1 OF 1
FEET S �• 050J.\ KINGSTON, NEW YORK 12401 DRAWN BY: B.M. ECTION 115—BLOCK 12—TAX LOT 9 JOB #
#680 DEEP HOLE DRIVE 1
.
0 20 40 so 80 �[qNp S� (845)-901-7629 CHK BY. J.H. MATTITUCK—TOWN OF SOUTHOLD CAD FILE
GRAPHIC SCALE 1" = 20' rheidecker@heideckerls corn SCALE- 1"= 20' SUFFOLK COUNTY, NEW YORK 17HLS21 OFP DWG