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HomeMy WebLinkAbout1000-56.-5-21 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex l0 P.O.Box 1179 54375 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) G Telephone: 631765-1938 Southold,NY 11971 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 19, 2018 Re: LWRP Coastal Consistency Review for DONNA BLANCHARD SCTM# 1000-56-5-21 En-Consultants on behalf of DONNA BLANCHARD request a Wetland Permit to remove existing 15 sq.ft. fixed platform, 3'x10' ramp, and 6'x12' floating dock; and install new 3'x14' ramp off existing bulkhead, and 5'x14' floating dock secured by two (2) 8" diameter pilings; dock to be equipped with water,and electricity. Located: 50 Budds Pond Road, Southold. SCTM# 1000-56-5-21 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. 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 to meet and further Policy 6.3. (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; A representative vessel is not shown on the plans and the potential conflicts with adjacent docked vessels to the north and south of the property could occur. [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, See answer to comment [1] above. [5] Whether the dock will cause degradation of surface water quality and natural resources, Not discussed. [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 Not discussed. [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 applicant currently enjoys access to public water via an existing, private, dock structure. The incremental and segmented extensions of permanent, private, dock structures into public trust waters does not meet this policy. In the event that the action is approved it is recommended that the application be amended to meet the following Chapter 275 regulations. § 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. Deploy a silt boom during the construction of the dock structure. [3], In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA'), commercial copper quat(CCQ), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Similarly, the use of tropical hardwoods is prohibited unless it is certified by the Forest Stewardship Council or similar organization. Materials used for structural components shall be determined at the discretion of the Trustees. Minimize the use of CCA treated wood in marine waters. The above will further Policies 5 Protect and improve water quality in the Town of Southold and 6.3 Protect and restore tidal and freshwater wetlands. 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 hd Town of Southold D ,J LWRP CONSISTENCY ASSESSMENT FORM MAR I 2018 A. INSTRUCTIONSutno� w 1, All applicants for permits* including Town of Southold agencies, shall c mpleteW,=F for proposed actions that are subject to the Town of Southold Waterfront Consistency Mew Law. I his 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 si nig_ ficant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 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# 56 - 5 - 21 PROJECT NAME Donna Blanchard The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 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) El (c) Permit, approval, license, certification: VN Nature and extent of action: Remove existing 15 sf fixed platform,Y x 10'ramp,and 6'x 12'floating dock;and install new Y x 14'ramp(off existing bulkhead)and 5'x 14'floating dock secured by two(2) 8"-diameter pilings(dock to be equipped with water and electricity),as depicted on the project plan prepared by En-Consultants,dated February 12,2018. Q 1 ' Location of action: 50 Budds Pond Road, Southold Site acreage: 16,943 sf Present land use: Residential,single-family dwelling with dock. 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: Donna Blanchard (b) Mailing address: 15 Alexandria Drive Pittstown,NJ 08867 (c) Telephone number: Area Code 973-489-0589 (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?NYSDEC,USAGE,NYSDOS 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 POLICE' 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 ❑ No ® Not Applicable h` t 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 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 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 DONNA BLANCHARD 50 BUDDS POINT ROAD SOUTHOLD,NY SCTM#1000-56-5-21 Policy 6 The existing dock consists of a 15 sf fixed platform,ramp,and 6'x 12'float,which are tightly confined within the physical limits of a landward cut-out of the bulkhead that was approved by Southold Wetlands Permit No. 5612 in 2002. Because of the limited water depth and limited physical space within the cut-out,however,the dock as permitted and constructed has in practice proven to have limited usefulness. The applicants are therefore proposing to replace the existing dock components with a ramp connected to the most landward bulkhead section of the existing cut-out bulkhead and a 5'x 14'floating dock positioned perpendicular to the primary bulkheaded shoreline. As designed,the proposed floating dock would be situated between the two existing adjacent docks and would have a seaward intrusion less than one-third the width of the waterway pursuant to §275- 11(C)(2)(b)(1)and less than the similarly configured dock located immediately to the south,which was approved by Southold Wetlands Permit No. 5612 in May 2017. Written consent will be obtained from both adjoining property owners due to the inability to situate the dock 15 feet from the lateral extensions of the side lot lines,as required by§275-11(C)(2)(a)(5). The project would thus create a substantially more useful dock for the applicants without interfering with navigation or causing any additional impacts on the adjacent tidal waters or wetlands, such as the physical loss, degradation, or functional loss of ecological components or the "fragmentation of ecological communities." The project will therefore comply with the statutory and regulatory requirements of Chapter 275 and will 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. ® Yes F-] No F] Not Applicable The proposed,reconfigured ramp and floating dock will be situated between two adjacent docks in a dredged canal. There is no available pedestrian access along the shoreline;and with a seaward encroachment beyond the bulkheaded shoreline of only 10 feet,the seaward extent of the proposed floating dock into the waterway will be 1)less than the adjacent,Trustees-permitted dock to the south; and 2)well less than the one-third waterward intrusion(here,40 feet)allowed by Section 275-11(C)(2)(b)(1). Therefore,consistent with Policy 9,the dock will not interfere with navigation or other public use of the adjoining waterway. 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 TITLECoastal Management Specialist DATE 2/13/18 Roberte=ann Amended on 811105 f � .t�.c :'??.. - a.:i .'a:: - .a r`".`�, a"r „�,�«-m. :-fir -cr.. � .—n"�C..[*'v,'t. - 9:T."v15T,z....s"..;J.i'e*t,'..' "_• "±`.v' '.#;:*2 ;.'� ,_q;v�--.- —41 .w _ � SEE SEG N0053µ '__ _ -_ v _.v..n •-... <. .a. ..,. ,.,, .«-,,. a+...�� *. 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E 17 mm sxxw ww ^^ �+ ------ �w --fP1-- --"-- os NOTICE COUNTY OF SUFFOLK © K ownoF SWTNOLo SECTION N0 E '^ —�— 121) O2 — -- °"""' _—°__ wMFx"=F.A F�onFNAoa RealPropertyTaxSernceAgency Ee.aouw �v`___ w —_— o:abw-- -- Gully—RNe�twi0,N-1901 M a xW0E0F GC Ur.dr a ..� 131 A(a)e n,A '•- —__— maw --F-- vww--F.•-- y® w P 1Rtn x0 1000 PROPERTY MAP DONNA BLANCHARD,50 BUDDS POND ROAD, SOUTHOLD r j ,E r � A b �t h 2`" C sy rrH Figure]. Aerial image of subject property and neighboring docks on both sides of existing platform,ramp,and float to be removed and replaced with reconfigured ramp and float. Aerial photo,October],2017,by Google Earth. , -17 R' w' SY • •+�1R•,A„,r,,n-.r.•w s.x„ . .. :... ... .. to "`` N',•-,"cti""a v`,'' 4r Figure 2. Looking west from canal(over location of proposed ramp and float)at existing platform,ramp,and float(permitted by Southold Wetlands Permit 5612,NYSDEC TWP 1-4738-03019/00001,and USACE Permit 2002-01100-L2)to be removed. DONNA BLANCHARD,50 BUDDS POND ROAD, SOUTHOLD Y. 1 =Y " F. Figure 3. Looking northwest at subject dock to be removed;at location of proposed ramp and float; and at adjacent floating dock to north. _. Erni: -r Figure 4. Looking southwest at subject dock to be removed,at location of proposed ramp and float; and at adjacent catwalk,ramp,and floating dock(south of boat)to south. CREEK v QO L'tlrir2S' MOCKINGBIRD - 9LA 51T�(ACCI;55via o F eld F9l/ Ol" V" POP 3 m ney ° e : ;5Llt3JFCf Ft?OFE�(Y a a 0 O 4 l Htppodronre oe° aQ goFQ1° - O Pond cF�r 0 131 yOF9s s _ Suffolk County Nagstrom Map 44' �' > 0 i' �y GpP PAF. !% ,9� lam, I` - �I� Std !f• ' y i I �O Q FEB 1 6 2018'`' Notes; I, Purpose;fo modify and Improve u5ea6dlty of previously permitted dock for private, noncommercial bog dockage through replacement of existlnq platform,ramp, and float with reconfic{aed ramp and float 2. Patum;MLLW-0' -0"(-11'NAW) 3, Water depths(referenced to MLLW) and project plan 6ased on hydrocfaoic wvey prepared 6y Nathan fA Corwin III Land Surveyor,dated October 4,2011 4. Clock to 6e equipped with water and electricity EXISTING, PREVIOUSLY PERMITTED 5, Plan and erossview diacfams are schemabc 15 SF FIXED PLATFORM, in nature and are intended only to establfsh TOP OF BANK 3' x 10' RAMP, do 6' x 12' project location,scope,and 6aslc construction FLOAT TO BE REMOVED details for permlttlnq purposes and are not Ex. BLKHD intended to serve as or substitute for engineering !Y or construction plans for construction purposes PROP. 3' x 14' RAMP 6, Project location,50 R,dds Fond goad,5akhold; IM — 5CfM No.1000-56-5-21 > L�_f 24' ADAC BLKHo. 1�L -so' 10 DCk 0 _s2" FILED WP LINE E N - CONSULTANTS S PROP. 5' x 14' FLOAT 1319 NORTH SEA RD. PROP. 8" PILE (TYP.) SOUTHAMPTON, NY � ���� CANAL (Approx. width = 24) PPOP05W POCK P MACMW & 631-283-6360 P�CONFIGUPMON FOP DONNA PLANCH912 ON PIZ�P09 CANAI, SEE ENLARGED SITE PLAN VIEW PAGE 2 OF 2 TO PU12195 POND, 50nOU?, 5UFFOI K COUNTY, NSW YOLK 5H��f I OF 2 2-12-16 i %LApGEP 511 PLAN VIEW OF PPOPO5�12 POCK P,�PLACMN1'ANP I?�CONFIGUM-nON >" = 20' EXISTING, PREVIOUSLY PERMITTED 15 SF FIXED PLATFORM, TOP OF BANK 3' x 10' RAMP, & 6' x 12' EX. BLKHD FLOAT TO BE REMOVED TSB IM + __ ----- ; ' PROP. 3' x 14' RAMP -f 24' A0� J eLKHO LL -24" OOK -30" 0 0 42"FILED MAP LINE PROP. 5' x 14' FLOAT PROP. 8" PILE (TYP.) CANAL 5�CTION TWU Pk0P05N2 POCK PVLACMNT/ P,�CONFIGUMTION 1" - 10' nBojrr�'mf E- n c" 4!r� 1i� MOR DAMP C��a1 6 2018ouiirir 7,},jn t'+Yi.:5 _ MNW= 2'-6" �X.6UI.KN�Af7 -�g 1 KIM 0 1-011 EX,GPS 30" �2" i 24 KOP05W POCK PMAaM f & E N ® CONSULTANTS eCONFIGUMflON FOP DONNA 1319 NORTH SEA RD. (2) 8" P L�5 PLANCHMP ON 191?W02 CANAL SOUTHAMPTON, NY 11968 TO PUPP5 POND, 50UTHOW, 631®283-6360 5UFFOLK COUNTY, NSW YOPK 5Vf 2 OF 2 2-12-18 t SURVEY OF LOT 19 MAP OF WILLOW POINT FILE No. 4652 FILED JULY 16, 1966 SITUATED AT ARSHAMOMAQUE TOWN OF SOUTHOLD D° SUFFOLK COUNTY, NEW YORK e S.C. TAX No. 1000-56-05-21 SCALE 1 "=20' D.. ° D J�o a�� JANUARY 23, 2002 Dp �GO�G OCOBER 4, 2017 UPDATE BULKHEAD AREA A A � 1 CER TIFIED TO: DONNA BLANCHARD D D °�o 00" ATO TES: e .D e . D • b° y Sys D � 1 . ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:5.0 T.B. - TOP OF BULKHEAD D a a A D p. FGQt' \ i` m �n c pe D d.' ooA: ,. / �p0 FLr o o. °: oo� R=25.89, L=39.76' O 9 9� F99Po � �—�-`'rri j';• �-_. __�_,,._.__....._J e ° A. o Geo .p..e A. L e P� 0"I" ^ O� Z s�OR�Jc�' D .p D \ A p w SP a e c 'P C 'A / Q lll�� T o, w D, e. d p k q� tiati� N D � s p oso��2� LOT 18 a O Z�, sti ' o ° o, 1ti S 82°51 '20" E S o o A' DD..° CONCD MON. 101 -51 'FOUN �Q �-• BULKHEAD 3 108.56' FILED N jRMZAP FOUND LOT (', WOOD FLOATING DDocTe , I CONC. MON. 1 a7 LO I I FILED MAP LINE �o T 19 \ / N 82051 i �vj a F� PF 4 h / 2 0" YV 1 O4. 4 WOOD WALK I '� n N ! F� s � . 9 47� FILED MAP N .� \ �e 1 7.9 6 �� e .0- O B U L K H EA p kn\ \ LOW WATER MARK WOW WATER AT ELEVATION FROM LOT 20 Lrn E DGE OF MARSH D eV,'� O oz I 07 Wg 1-4 mo w o —J V. v I v UNAUTHORIZED ALTERATION OR ADDITION a5 0o ao �l TO THIS SURVEY IS A VIOLATION OF (((� rt` ll SECTION 7209 OF THE NEW YORK STATE '` w o o a EDUCATION LAW. e A. \ YO Uj 3 03 COPIES OF THIS SURVEY MAP NOT BEARING D J O = w z THE LAND SURVEYOR'S INKED SEAL OR D A °. .D \�s TO BBE A VALDOSSED LTRUELCOPY.L NOT BE CONSIDERED b' �O CERTIFICATIONS INDICATED HEREON SHALL RUN TO THESU ° D° \ OJ v a- SN PREPARED, ANDS ON ON HIS EHALFFOR WHOMTHE TO THE/EY TITLE COMPANY, GOVERNMENTAL AGENCY AND G LENDING INSTITUTION LISTED HEREON, AND A. 6 \ O�C'yO TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. 2 De e THE LLE��XISTENCE OF RIGHTS OF WAY D e ANY, NOT SHOWN ARE NOT GUAR 'EDR EASEMENTS OF RECORD, IF D.' PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FORTITLE SURVEYS AS ESTABLISHED Nathan T of t Corwin l l l BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. � or Land Surveyor C a� Successor To: Stanley J. Isoksen, Jr. L.S. Joseph A. Ingegno L.S. Title Surveys — Subdivisions — Site Plans — Construction Layout PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS 1586 Main Rood P.O. Box 16 Lic. No. 50467 Jamesport, New York 11947 Jamesport, New York 11947 21 -633A