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HomeMy WebLinkAbout1000-56.-5-39 OFFICE LOCATION: O�*QF SO(/j�Ol MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) G Q Telephone: 631 765-1938 Southold, NY 11971 • yo P Q Fax: 631 765-3136 ��OOUNTY�� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date: April 10, 2018 Re: LWRP Coastal Consistency Review for of KAREN & CAREY FLAHERTY SCTM# 1000-56-5-39 The project is located in Southold Bay a waterbody within the National Peconic Estuary System. Jeffrey Patanjo on behalf of KAREN & CAREY FLAHERTY requests a Wetland Permit to remove existing fixed dock and steps to beach, and replace with a proposed 4'x68' fixed dock supported with 10" diameter cca piles; install a seasonal 30"xl6' aluminum.ramp; install a 6'x20' seasonal floating dock with un-treated timber decking situated in an "I" configuration and supported by two (2) 10" diameter cca piles. Located: 1077 Bay Home Road, Southold. SCTM# 1000-56-5-39 The structure on the property is not a fixed dock but rather an access stair to the waterbody. Therefore this is not a replacement of an existing fixed dock as described above. The dock structure to the west of the property received a Wetlands Permit in 1995 and predates the Chapter 275 Wetland and Shorelines code revisions and adoption of the LWRP; both occurring in 2004. 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 denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. 9. Policy 9. 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. The proposed structure is for private recreational use and will not preserve "public" open space. The applicant has not demonstrated that the action would minimize effects of development. 2. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. The intent of this policy is to protect and enhance the visual quality of the Town of Southold as well as to improve the quality of deteriorated areas and other negative visual elements. The preservation of the aesthetic, historic, and scenic character of the Town is critical to the continuance of its attraction and economic vitality as a year-round waterfront community. Policy 3.1 Enhance visual quality and protect scenic resources throughout the Town of Southold including: A. Minimize the introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character, The action does not meet this policy; conversely, the applicant proposes a 104' long (36' seasonal) dock structure and unspecified vessel that could further affect the scenic quality of the area. t� �y r." a f r . d f'} Figure 1. Subject parcel. J. Protect visual quality associated with public lands, including public transportation routes, public parks and public trust lands and waters. 1. Limit water surface coverage or intrusion to the minimum amount necessary. 2. Limit alteration of shoreline elements which contribute to scenic quality. Open, unobstructed water views provide scenic qualities to the public and user groups. The visual quality of natural resources and open waters may be impaired as a result of the action. The unidentified vessel may extend further into public waters past the 104'. 3. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems. Although the ecological complexes and individual habitats of Southold continue to support large assemblages of plants and animals, over time, human activity has fragmented, or otherwise impaired many of the significant habitats. The impacts that generally result from the construction of dock structures in the Peconic Estuary include: Vegetation (Physical Loss) • Structure placement • Construction practices (jetting) • Chronic shading Wildlife (Physical and Functional loss) -Loss and/or impairment of habitat -Disruption of habits and migration patterns (structure and activity) -Introduction of harmful contaminants (treated woods) CCA treated material is proposed for the piling and other features of the dock. Bioaccumulation of the pesticide within marine animals has been shown to occur. Treated wood will introduce harmful contaminants into the waterbody. The proposed action is located within a tidal wetland which contains high ecological functions and values. It is expected that physical loss and degradation of ecological components will occur as a result of this single action. Cumulative impacts from dock structures over time are expected to occur. Policy 6.1 Protect and restore ecological quality throughout the Town of Southold. The proposed action is located within a NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION CRITICAL ENVIRONMENTAL AREA AND PECONIC ESTUARY PROGRAM CRITICAL HABITAT (Figure 2). The application does not discuss the potential impacts to natural resources and water quality. The construction method has not been identified. ��'&'" frame 'ftx� "�•S'.. tx � ��,� ° •C i��t ��� .i 4 � / -`,' (:} ong ISila �Souridx" , Figure 2. Boundaries of the NYSDEC Critical Environmental Area (Yellow polygon). Policy 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: 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: [11 Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; The proposed dock is 104 feet in length. Chapter 275 requires that the determination of the length of the dock must include the dimensions of the vessel. The dimensions of a vessel are not specified. The applicant has not demonstrated that the dock meets the 1/3 rule and is consistent with "pier" line of the water body. A discussion on the potential impacts (if any) to navigation of all vessels have not been provided [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities, The application does not discuss the potential impediments/impacts regarding public access. [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; The application does not discuss the potential impacts regarding public access. [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; The application does not discuss the potential impacts. [5] Whether the dock will cause degradation of surface water quality and natural resources, The application does not discuss the potential impacts to water quality, turbidity controls and the construction methods. All materials used to construct the dock structure have not been specified and therefore it cannot be determined if the structure complies with Chapter 275 Wetlands and Shorelines. The applicant has not identified the fixed pier decking materials and is proposing untreated decking on the float and therefore shading impacts to marine habitats may occur. A representative vessel has not been identified. The installation of the proposed structures may promote vessel and/or power boat traffic in a shallow areas and the possible following negative impacts may occur: 1. Re-suspension of bottom sediments and turbidity 2. Impacts to benthic species, and 3. Erosion of shorelines. Construction of the dock could also result in the increase of turbidity in the water column, affecting submerged aquatic vegetation and shellfish. To further the above policy and to reduce turbidity in the event that the proposed action is approved, turbidity controls are recommended. [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; The application is not located within a significant coastal fish and wildlife habitat however, the action is located within a NYSDEC Critical Environmental Area. [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 The application does not discuss cumulative impacts to the Peconic Estuary /Southold Bay waterway or environment. [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. The application does not assess or discuss whether adequate facilities are available to a potential vessel. 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. The policy states: The Town of Southold has numerous access points to its shoreline and waterfront recreation facilities. The main objective of the Town is to improve these facilities, providing increased public access to the shoreline and waterfront recreation facilities for residents and visitors. Southold's shoreline has the potential to offer a continuous right of access along the shore. Given the increase in shoreline development, the opportunity to walk the shoreline of the Peconic Estuary is a valuable public asset. It remains, however, an unrealized asset because the right of continuous access is useless without the ability to get to the shore and, once on the shore, to walk unfettered. As noted earlier, there are stretches of Southold's shoreline where the public's rights in the foreshore have been constrained, and sometimes precluded, by the design and nature of private residential development. This is a major public policy concern. Small private docks in coastal areas occupy public waters and extend across lands where the public has certain rights of access and usage. Therefore, all docks, extending out into a public water body adversely affect the public use and access along the foreshore and nearshore areas of such water bodies. Public access along the foreshore and Town waters has been identified as one of the most important liberties within the Town. Similarly, the legal use of New York's beaches, tidelands, and lands underwater is defined by the Public Trust doctrine which holds that the public has certain rights of access along the shore, typically for fishing, shellfishing, and navigation. Under the public trust doctrine, the foreshore and underwater lands are held in trust by the state or local government for the benefit of the public. These rights of access must generally be balanced against the riparian rights of landowners adjacent to the water's edge. Riparian rights of waterfront.property owners mandate that they have access to the adjacent waterbody. This does not, however, necessarily authorize a dock that extends into public waters or across lands where public trust rights exist. The Courts have found that the requirement for riparian access may be met by the establishment of a dinghy or canoe launching area—with no structure (NOAA 2008). An offshore mooring would also gain pubic access to public waters. Throughout the Town a total of 303+ public and quasi-public access points have been established to allow for access to the foreshore and navigable waters. These access points include, boat launch facilities, road ends, managed parks and Town owned properties. A boat launch and public beach are located to the south of the property. 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. Use the following factors in assessing potential adverse impact. 9. environmental impact, The dock structure would be susceptible to storm damage and /or ice damage due to the exposure and fetch of the waterbody. See discussions related to this topic in this review. 2. values for natural resource management, public recreation, and commerce, The values of the Peconic Bay and Evirons are high. The application does not discuss potential impacts to natural resources, public recreation or commerce (including aquaculture) for the action. 3. size, character, and effect of the transfer in relation to neighboring uses, The proposed dock to the west was constructed prior to the adoption of Chapter 275 Wetlands and Shorelines and the LWRP. 4. potential for interference with navigation, public uses of waterway, and riparian rights, The private, dock structure would impede navigation of vessels (public use of public waters) along the nearshore. Vessels would be forced to operate around the dock structure or seaward of the dock structure. 5. effect of the transfer of interest on the natural resources associated with the lands, The construction of a dock structure in public waters removes and or hinders the public use waters and bottomlands of where the dock structure is located. 6. water-dependent nature of use, The private residential use is not water dependent, however, recreational boating requires water access (e.g. mooring, public boat ramp). A mooring could be established off this location. Moorings can be designed to mitigate harmful impacts and are temporary. 7. adverse economic impact on existing commercial enterprises, The private, dock structure would remove the area occupied by the dock structure and vessel from public use including commercial uses that occur in Peconic Bay. 8. consistency with the public interest for purposes of navigation and commerce, fishing, bathing, and access to navigable waters and the need of the owners of private property to safeguard development. The proposed private, dock structure in this location would extend into public waters resulting in a net decrease in public access to public underwater lands and the nearshore area. 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. Private dock structures extending into public trust lands and waters obstruct public use of navigable waters and other public use in the area where the dock is located and does not meet this policy. Two road ends at Willow Point Road and Bay Home Road provide access to public waters. h. F M1 �w ro E KE' Figure 2. Subject parcel showing proximity of two road ends to the parcel that provide access to public waters. 3. Obstruction of navigable waters and underwater lands is limited: Boat travel in coastal waters is a public right established through the commerce clause of the U.S. Constitution which gives the Congress regulatory power over navigable waters—an authority that has been delegated to the U.S. Army Corps of Engineers (USACOE). The USACOE identifies typical impacts to navigation due to small docks as: i. Extension into designated federal navigation projects or traditional navigation passages through the waterways. This impact is particularly important in Peconic Estuary which contains shallow areas and narrow navigable channels. Small watercraft navigate all areas of Peconic Bay including along the nearshore. ii. Federal navigation projects occur on waterways where taxpayer dollars have been invested to create or maintain a designated channel, turning basin, or anchorage. iii. There are instances where a proposed dock would not affect a designated navigable channel or a federal navigation project, but could adversely affect passage by paddle craft (e.g., canoes and kayaks) through traditional passageways along the shore. In some situations, a dock may force small paddle craft into the dangerous situation of entering a channel (or open water) utilized by larger, powered boats. For safety's sake, the smaller craft typically remain close to the shore—the same portion of the waterway where docks are generally proposed and constructed. iv. In some instances, the design of the dock (e.g., its height over the water or structures at the water end) may impede safe navigation by obstructing views along the waterway. Structures may obscure oncoming boat traffic or boats leaving docks and navigation aids. v. Private docks constructed too close to existing public or private docks or boat landings may impede safe navigation to, and use of, those existing facilities. Boats need room to maneuver around docks; the amount of room necessary is dependent on the size, configuration, and powering mechanism of the boats (i.e., size of engine; sail versus engine powered, etc.) Docks that are too close together may lead to difficulties in launching or landing vessels. a. to the extent that it interferes with commercial navigation. The right of commercial navigation is superior to all other uses on navigable waters and may not be obstructed. The proposed use is recreational and could hinder commercial navigation (bayman) of the area. b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the use's dependence on access to navigable waters, The use is a private residence. Numerous facilities are available throughout Town to promote access for recreational boating. (ii) the range of tidal water level fluctuation, (iii) the size and nature of the body of water, Due to the size and fetch of the Peconic Bay, small watercraft navigate the waters close to the shoreline for safety. Docks in the bay impede this ability by forcing small watercraft to navigate around the dock structure. (iv) the nature of public use of the adjacent waters, Another consequence from private, residential docks is the potential of obstruction of navigation. Town regulations prohibit the obstruction of marked navigation channels and require a one-third rule for creeks and harbors. For boaters with engines, this prohibition fits their needs since the safe operation of these vessels could require the use of the channels for navigation. However, for self -propelled vessels and small watercraft which use is not limited to navigation channels, docks are an impediment, often forcing these vessels to navigate around the structure or seaward of the dock line. This forced navigation restriction potentially puts the users of these vessels at risk. Similarly, dock structures limit the ability of sailing vessels to use the nearshore area by impeding the ability to navigate the nearshore area. (v) the traditional means of access used by surrounding similar uses, The traditional use of the waters included free and unobstructed access to the nearshore for commercial uses and recreation by the public (vi) whether or not alternative means to gain access are available. 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. C. by extent and characteristics of the developable adjacent upland area and its ability to support in-water development for the water-dependent use. d. by potential adverse effects on natural resources and their uses, and The potential impact to natural resources has not been thoroughly discussed in the application. e. by potential adverse effects on public safety. See above comments. The property is flanked by two public water access points close to the subject property that provides access to Peconic Estuary/Southold Bay. Alternatives to permanent, private, docks structures in Peconic Estuary/Southold Bay also include using public access points throughout Town, mooring of boats in safe areas and docking of vessels in nearby marinas. 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 i Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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 - g— 37 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. E Board of Trustees Er 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital 0 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: 5 cc. 4 e�Q Location of action: /0 7 7 Qa y do.✓t e �ok So.+I,o(� Site acreage: D-5-7 Present land use: Re S• Present zoning classification: e5 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: IZ4 r e T. Fla er4-.! (b) Mailing address: D:Yj ST: NCB YoA-(Gc ,A lDoa7 (c) Telephone number:Area Code( ) 1 '7 - 76 3 ' 7 D B d (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes Z ,No❑ If yes,which state or federal agency? ?4gS06¢4,1 N4S99S j 'ymtl 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 ❑ No ❑ Not Applicable Pr-'1tcA - erovtcleg %n- ,-pewJoe-K-- &aht h jOral.o-fcs M.�rj-j-,Aie. r.cfivr-tc� /5 C®AS,,s-Pernf umi-rh ex654-cny 4pywAlwj4ckf ckarac--e/L -ncL dots n&7- in.flr��P•e wc-r4, -t-h.e� .�x.csttnW -�ract�-Fto( LR,�� Asa Pa-E-4t-crv,.s 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 b for evaluation criteria ❑ Yes ❑ No [= Not Applicable -7"11c. Prvoo&eO er--leci will ao Ae4ue an ejl-Ge al, hisforcG 'AnI or- 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 0 Yes 7 No [Not Applicable The eWvse,,pq rro ee-t u r! +got Anue ccn a e-F �a V S✓� l vr� rt" ®�- 5 ee✓1 Prep o eCA Ze,V, !S Cons en 14-14 Y-Ae I r _ n ec!h boeLi n a oe k •1dZ -:`(.e -�ecs�nti try fief r%mn- h'-Mes . 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 E Yes © No 5 Not Applicable Pr-let-4 t.j r It .�0-f- 4-Ce,_ E s CK- —emart-il pre�ora-� a,art c�r,9 f r0 r.41 s Ar l e e 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 0 Yes 0 No ail Not Applicable Fr-,)ec n,(- he.ve- final IMP.4'r- . ",I U.; '-t-e-'4- q'ua.t&4 . 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. R Yes [D No F-� Not Applicable �roJCG� wtrl Qro�icQe �fo{'IIze¢rs+a ul-' �eo�cts-Feirrs &q �.,ac, of M-te4-rnq rre��t�«enfs 19-F Zee !� (o4 Ln l(..- Q MI1714t , .D// .10" a/hi B •VC. kzwOZ"{�®✓Dt �Vr1t? z w 4, e t(e.$ .A,l-f-i-v seoee, -t'o Ar,;—e -,4LdhFc �@�S i 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 rroled wtII NOt crc41e 4,,t1 a,r 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 wvo{c/G So iti1 ,,ve,e, mac &Pe— ha e7ar4&, S��asfrcy�S . 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. RYe❑ No❑ Not Applicable (?ro),C-4 Qf®vco e-S LGG,C55 WA ce-A A cc.0 te-14t —e&O dve, -tin, L�GIG ul✓ j -oc V_ . tA%5, (2 r v�ce-4 aS wc-t /fhe ce,rcz-t- ne.c j h1e-&tti y j2rveerJ7,w toa wtff e -f"1fn Qt.C-�wt-Ft�S 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;Not e L P Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No Applicable ro re he'5. NO ff4�ec4 gm w&+et deleAc dwt LoSeS dve -I—a o-s 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 _iDry1dL'r wtl( woer e!`G�,Cf Ai1cz1'�'fei� �7/'kwnl✓�p C/r�uRcnS� rnurnf7n'1�7 &AL Pr�cCC. wlit P"co nSe.-five locAe 924 !V t,cE'fli rty 4ee...rS *o recr'e4+eo.-,. reso .t-c� r,� FisLi,np 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. 1E Yes ❑ ev No I"'1 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 El No [J Not Applicable Pcrolee f will have. no e�-Fe_c4- mA 24er'2!j 4�&Q rrtcneC"L r'GSoyr•er.l Created on 512510511:20 AM Town of Southold Lplanning UM LWRP CO�lSISTENCY ASSESSIEI�T FORMAo INSTRUCTIlONS 1. All applicants for permits* including Town of Southold agencies, shall cofor 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 si cant 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_explaianixl in detail, fisting both supporting and non- supportint Jacts. If an action cannot be certified as consistent with the LVRP 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. \ S B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTIMI# PROJECT NA11/IIE� Or #p o sea P 1 c 2. @ !o 7-7 g w7 Ho M L (Lo cQ The Application has been submitted to(check appropriate response): 'gown Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees LJ l. 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: Mature and extent of action: S4c Karen L. &CareyJ. Flaherty 1077 Bay Home Road Southold, NY 11971 SCTM No.: 1000-56-5-39 PROJECT DESCRIPTION: The project includes removal of the existing fixed pier and steps to beach and replacement with proposed 68' long x 4'wide fixed pier supported with 10" diameter cca piles, seasonally install proposed 30" wide x 16' long aluminum ramp and seasonally install proposed 6'wide x 20' long floating dock with un-treated timber decking supported with 2- 10"diameter cca piles.The proposed ramp and float to be seasonally removed in addition to removed prior to storm events and stored at an approved upland location. P Location of action: / D 7 -7 Site acreage: •S 7 Present land use: S Present zoning classification: (2-c S° 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: 1-14 r ell �' . C A r e`l 3. l k-e r (b) Mailing address: /1 S vJ 1 So rti 57. /J \1 1 V o a-1 (c) 'Telephone number:Area Code( } 91-7 '71, 3 -70 � D (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes allo❑ If yes,which state or federal agency?-F-%K 0 ee- s o 0 5� <}2•k H G-tj?S 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. Imcormplete answers will require that the forum he returned for completion. DEVELOPED D COAST POLICY Pokey I. 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 Ell—Policies; Page 2 for evaluation criteria. ❑j fYes ❑ No ❑ Not AppReaWe I r®lee,4 e{--#aoem- tibo dF La..A- rtq& JtS eo*.Sr4l. Comma -rt ®..p F.,tL Qropoy-eR- cl oclL-je ®A As6i ►j 4,.a /of rbegs.re yeSSeL Attach additional sheets if necessary Poked 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP SecUonn UF—�-P—oli�cies Pages 3 through 6 for evaluation criteria ElYes ❑ No J t Applicable i Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Soenthogd. See L WRP Section III e Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No ❑"ot Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 41. Minimize loss of life, structures, and natural resources fironn flooding and erosion. See)Lr+16 RI Section III—Policies Pages SS through 16 for evaluation criteria El yesEl NoD Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the'Town off.Southold. See LW RP Section III —Policies Pages 16 through 21 for e`raluatio¢n criteria ❑ Yes ❑ Igo 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 ILVVRP 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 is the Town of Soanthoido Sec iLWRP Section III — Policies Pages 32 through 34 for evaluation criteria, ❑ Yes ❑ Igo Not Applicable Attach additional sheets if necessary Policy 8, Mianinnize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—1Po➢icies; ]Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ Igo Not Applicable PUBLIC COAST ZPO iLECI 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 ILWRP Section III—IPo➢icies9 ]Pages 38 through 46 for evaluation Yleo NO❑ Not Applicable �hoj,raa Qco n&QeS doelLa4c g ,A .ecc� S,S -t-o vwfi�/� .S Fuf �7s� ny cxZk boats^ w we-hVt -heS Attach additional sheets if necessary V4 ORN ING COAST POLICIES Policy 10. Protect Soutt➢good°s water-dependent eases and promote siting of new water-dependent uses in suitable locations. See LW RP P Section III—Policies; Pages 47 through 56 for evaluation criteria, Yes ❑ No ❑ Not Applicable eri Te-%( LmcctTia--3 I 4,+ t1 --44 elec 41v. x- n Proper-tve) - Attach additional sheets if necessary }Policy R1. Promote sustainable use of Riving marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LW RI?Section III—Policies; ]Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No 1=1 IYo>t Applicable Attach additional sheets if necessary Policy 12. Protect agricuRtural lands in the Town of Southold. See ILA' IP 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 LVVRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ErNot Applicable PREPARE, D BY J ' ` 0.'�a2 1 a TITLE -A DATE i' S.C.T.M. 140. DISTP.ICT; 1000 SECTION:5E BLOCK:5 LO-i(S);}g Q d z O ' Ny S{ 3� I L010 f SUBOMS 90o FS 946521�5 1 o m -M-o NN£ 16. x ` 104.76, N 35°28'30" E 3'7°}$t�LO�AIL fENGE DIL uON. d 5.21 1NC. W POINT AS6N. M WILLORIGHI WAl• U ►►++i{ jb1.7< SCE O4 5\ONE OP1VE'R^\ y mm2 r lJ Al 3 CQ LQ CQ u 20.0' 11.9' U e a CQNC.WALL b' 109' o K tS.S'_ 22.4' 14.57 u 2 Sr.PRa+. a cs DWELLING 3 11022 12.9'E t6N�t0c o+n t 28D.3N' ( RR ERCRPA YRI O iOQ5 _ O O CA EDGE�1� wood crsw.ux °1 POLE d; v FEB 1 5 2018 1sce+..l,. vvv vvvvvvvvov vvc�vvvi:aP vcvv vv r vvv y I (t vvvavvvv— _. � �, 109.42' $^ilii! ',;i0`•'dIl 1 r °04'10' r r r r 40TIE LIN-c S N qyq o LD J r r SL .so j 7T 1 l l E r r AREA: 24,732.0 S.F. OR 0.57 ACRES ELEVA T/ON OAVM: UNAUTHORIZED ALTERATION OR ADDI'VON TO THIS SURVEY IS A NOLATIO.N OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAN COPIES OF THIS SURVEY 41AP NOT SEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY, GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR 11PHOM 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 ITJ57ITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOIYV HEREON FRO1.4 THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT T}fE PROPERTY LINES OR TO GUIDE THE EPECTION OF FENCES, AOD177ONAL STRUCTURES OR AND OTHER. IMPROVEAIENTS. EASEMENTS AND/OR SUBSURFACE STRUC-URES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED T0: CAREY JOSEPH, FLAHERTY: MAP OF: KAREN LAAKMANN FLAHERTY; OLD REPUBLIC FILED: NATIONAL TITLE INSURANCE COMPANY;(FA-5252 GIBRALTAR PRIVATE BANK & TRUST SITUATED AT:SOUTHOLD TRUST COMPANY, ISAOA, ATIMA; Tom or: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLY, COUNTY, NEW YORK Profession,11 Land Surveying and Design AIL.alp P.O. Box 153 Aquebogue, New York 11931 FILE ` 16-1-<.7 SCALE: 7"=50' DATE:SEPT. 5. 2076 PHONE(a31)298-1688 FAX(631) 298-1588 N.Y.S. LISC. NO. 050882 -.W.W.c the record.of Robert 1.H..—Y&Ken.elh H.11°ychuk _a Photo 1 (1/27/18) "t w4, Photo 3 (1/27/18) F .a Photo 4 (1/27/18) Unauthorized alteration or 0 10 20 30 addition to this survey is a violation of section 7209, METERS State du t of the New York FEET State Education Law. Copies tof h this survey map not bearing the land surveyors inked or HEIDECKER LAND SURVEYING embossed seal shall not be 0 20 40 60 80 � considered to be a valid copy. GRAPHIC SCALE 1" = 20' dr Cb r * . A yy w, r 44 Y a K1 F e R,x - !yy� •i 't, e ; '"�t� ' = ' F t B 1 5 2018 44 µµ '� NOTES r ' 1. FIELD WORK WAS CONDUCTED DECEMBER 15, 2017 f BY HEIDECKER LAND SURVEYING, PLLC AND ALL MEASUREMENTS WERE TAKEN ON THE GROUND. f 2. NORTH ARROW IS BASED UPON GPS OBSERVATIONS CONDUCTED 8Y HEIDECKER LAND SURVEYING, PLLC. 3. HIGH AND LOW WATER LINES SHOWN ARE BASED • 111���/// + s UPON OBSERVATIONS ON DECEMBER 15, 2017. an t r d� 4. ELEVATIONS SHOWN REFERENCE THE NORTH T AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) AND BASED UPON GPS OBSERVATIONS CONDUCTED BY — HEIDECKER LAND SURVEYING, PLLC pF NEI�r Y r' O ATE: Z Z U) GERD HEIDECKER N.Y. STATE LAND SURVEYOR LIC. 050719 DATE: BATHYMETRIC SURVEY SHEET NO. 42 CROWN STREET JANUARY 2, 2018 1 OF 1 KINGSTON, NEW YORK 12401 DRAWN BY: E.M. SECTION 56—BLOCK 5—TAX LOT 39 PROJ. NO. °• 050-0 JQ' (845)-901-762s #1077 BAY HOME ROAD 17HLS206 Q LANp S cHK BY: J.H. TOWN OF SOUTHOLD CAD FILE: jheidecker®heideckerls.com SCALE: 1"= 20' SUFFOLK COUNTY NEW YORK I7HLS206FP.DWG j Air. it i # " k l( f sk At All 4 "* , .� �. • S (�� a � yam.. ..1 , i S��� '. . a � , •r r 1 a�. Proposed Pier Permit Plans SCALE: FED 1 5 M118 1"=40' ADJACENT DOCK IMAGERY DATE: 1-24-18 1077 BAY HOME ROAD SOUTHOLD, TOWN OF SOUTHOLD SUFFOLK COUNTY, NY SHEET: TAX MAP NO. 1000-56-5-39 1 of i A Lure Chowder House&Oysteria a tea Albertson Marine F �r O z5 ova J6ayQ 0 Sao Qo 75 Qa Q The Farm O o c°� Shade 8 Shutter System m ae yyO'�i boa �a P'Qa the O10 ld Field Vineyards J+' f1077 Bay Home Road 1s ti a� 'Pa 9Y LOCATION MAP N.T.S. PROPOSED FIXED ELEVATED PIER 4' WIDE X 68' LONG W/ UN—TREATED DECKING PROPOSED 10"0 CCA PILES (TYP.) PROPOSED 30" WIDE X 16' LONG ALUMINUM HINDGED RAMP 10 (SEASONAL INSTAL TION) sa' PROPOSED 6' WIDE X 20' LONG $ FLOATING DOCK S PPOORTED W/ W/ (2) 10'0 CCA PILES SEASONAL INSTAL TION 4 EXISTING GRADE1 - 2 `•' --- --- ---- ------------ Z \ M _4 TYPICAL SECTION SCALE: H: 1"=20' V: 1'=2' r' F F B 1 5 2018 Proposed Pier Permit Plans SCALE: AS NOTED SECTION & LOCATION MAP DATE: 1-24-18 1077 BAY HOME ROAD SOUTHOLD, TORN OF SOUTHOLD SUFFOLK COUNTY, NY SHEET: TAX MAP NO. 1000-56-5-39 2 of 2 b ta.ilr 1.-K iu ..�» _...... ; 1 o�I.Jv--.:...v.Y—-- _. �v,.r ..- rote.;.Nb o.,F w✓:ti� _ __ — A /� L m I JK sY . . .. . goo- _—__— __ —___— ___— —_--— -z u —__--- NE MA '1s . F OFY4N•�IYIA9II; iD6O,., Ind� M 1SATOWN OF SOUTHOW ♦ F tS CW U(NN OF SUFFO V ,ItL� i1K1 }{ l • f� ti° zu °h� 4 s,a Q9' "• 1` 9L ® 17A `�"aP 1Y p2 e a ro F n>ANa •• `� R 7 1 ti� pp\ 1s ,cul,Ian tT.t �NIpIN a m. R O n.t voµcl ♦i�t �J 42 10.1 a �1 mm or �11 y s•F`F 3? •\xwa,1 `� g� • yy1 g� F , iaeA sovRwiD �r]y`�\ rs`•' yP ti0 7,�� 172A(4 "I ... P0 a n.n ► * �'.•� `�s`� A. Fop y1y F F ttvEo�imawimiy1Ls Alq 1.1 t , 2-WO TV 13 F r / COUNTY m.ww r ].wa yy, / �.- © TONN aF sa„Na.o.i rtp/: F ,eye P O� �//P � �� I.• eNar'v°"n (F.D. B �"� �,� �y�l t rye] � �� ♦M1 / P I �• rT „ P J. °" Y` xwa j SoJ '!� • a •ir T] ♦ dr ryJ 1 P '0J .M �p FOR NO. r '✓ p ,] BEE W SEC C.NO. ,P y1 OE6W°,6 P P e M P o ' c uNE 6 = P SEE SEC.MO.OE, , mwom 1• 1, ` ') �� __~= NOTICE COUNTY OF SUFFOIK © R twwex� tN7U11101D SECTION NO Real Property Tau Service Agency r 56 ,� cwnv aer R,..nr.a,Nrnw, a ..ya Mn.,:,. �- ...,� --•-- ...N.--...-- ..,. NNwEm.,...te.g,c. ,{'Yc1F'� A or,Ncr No t•w 1,N.i P PROPERTY M , 10� - - Qi Qi o4 g' 20"-E O O N3 - 361.14 0 � I to PROPERTY OWNER: CAREY J. FLAHERTY o KAREN L. FLAHERTY p 115 W. 120TH ST. NEW YORK, NY. 10027 0 PREPARED BY: JEFFREY PATANJO P.O. BOX 582 BOHEMIA, NY 11716 631-484-9332 JJPATANJO@GMAIL.COM I I � I #1077 I I I I I I EXISTING 4' WIDE X 22' LONG Z\-) DOCK TO BE REMOVED I I co � I to TOP OF BANK I � I BOTTOM OF BANK 09.42' VO - -------- f --------_--___ EXISTI G JETTY -O EXISTING JETTY V, - 'M W. _ _ _ PROPOSED FlXED ELEVATED PIER 68' LONG X 4' WIDE I F E B 1 5 201$ / ' v _ __- SUPPORTED WITH 10"0 CCA PILES ® 8' O.C. - _.. ? -3'--- - __ PROPOSEDACUMINUM RAMP - 16' L. X 30" W. TO BE INSTALLED SEASONALLY OIL L. --4'_-- ---- PROPOSED-20'_LONG_X-6—'­WIDE FLOATING DOCK SO UT HOLD__- - SUPPORTED WTH (2) 10"0 CCA PILES TO BE INSTALLED SEASONALLY BAY '' ---------------------- -5 NOTES: _-' PTAX sed Pier Permit Plans SCALE: 1. ELEVATIONS REFER TO N.G.V.D. 1929 DATUM 2. LOT AREA: 24,732 S.F. / 0.57 ACRES PROPOSED PLAN DATE: 1-24-18 3. PORTIONS OF PLAN FROM SURVEY PREPARED BY: KENNETH M. WOYCHUK LAND SURVEYING, PLLC 1077 BAY HOME ROAD AQUOBOGUE, NY HOLD, TOWN OF SOUTHOLD SURVEY LATEST DATED SEPT. 5, 2016 SUFFOLK COUNTY, NY SHEET: MAP NO. 1000-56-5-39 1 of 2