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Home My WebLink About1000-104.-7-10 (2) OFFICE LOCATION: ��0�SO(/TyO MAILING ADDRESS: Town Hall Annex h0 1p P.O.Box 1179 54375 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY 11971 . Telephone:631 ?65-1938 i �y00m,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: May 14, 2019 Re: LWRP Coastal Consistency Review for RANDI &ALFRED SILBER SCTM# 1000-104-7-10 The proposed action is located within a New York State Department of State Significant Fish and Wildlife Habitat Area, a New York State Critical Environmental Area and a,Peconic Estuary Critical Natural Resource Area. En-Consultants on behalf of RANDI &ALFRED SILBER requests an Amendment to Wetland Permit#4750 to construct a 24' seaward extension of the existing dock by constructing a 4'x20' fixed timber catwalk extension onto the seaward end of the existing 4'x38' catwalk; relocating the existing 3'x12' hinged ramp to the seaward end of the extended catwalk; removing the existing 6'x16'floating dock and installing a 6'x20'floating dock secured with two (2) 8"diameter pilings; the installation of one (1) 10" diameter tie-off pile eight(8)feet seaward of the proposed float; and for the connection of water and electricity to the dock. Located: 1570 Mason Drive, Cutchogue. SCTM# 1000-104-7-10 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 LWRP Policy 9.4, and therefore, INCONSISTENT with the LWRP. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 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 fails to prove that the action meets the following requirements § 275-11 Construction and operation standards C. 2 (d) of the Southold Town Coder (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-dependent activities, This information has not been provided, rather, the submitted materials focus on the physical attributes of the dock. [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. It is recommended that in the event the action is approved, a non-disturbance be established to mitigate the local impacts from the dock structure. [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 If approved, the extension of the dock structure would set precedent.. [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. No such facilities are proposed or discussed. 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 extension of the dock structure will result in a net decrease in public access on public underwater lands. 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. 3. Obstruction of navigable waters and underwater lands is limited. b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (vi) whether or not alternative means to gain access are available. The applicant presently enjoys access to the waterbody via an existing dock structure. The extension of the dock to accommodate vessel draft at the expense of public access is not supported by this policy. Alternative docking and mooring options should be considered. 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 t � t 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). 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 (southol dtown.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# 104 - 7 - 10 PROJECT NAME Randi and Alfred Silber 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) El(b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: ® ✓ Nature and extent of action: Amend Wetlands Permit No.4750 to authorize 1)a 24'seaward extension of the existing dock by constructing a 4'x 20'fixed timber catwalk extension onto the seaward end of the existing 4'x 38'catwalk,relocating the existing 3'x 12'hinged ramp to the seaward end of the extended catwalk,removing the_existing 6'x 16'_float,and installing a 6'_x 20'float secured with two(2)_8" diameter pilings 2)____ installation of one(1) 10" diameter tie-off pile eight(8)feet seaward of the proposed float; and 3) connection of water and electricity to dock,all as depicted on the project plan prepared by En-Consultants,dated March 1,2019. Location of action: 1570 Mason Drive,Cutchogue Site acreage: 14,502 sf Present land use: Single-family residential 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: Randi&Alfred Silber (b) Mailing address: 128 Westervelt Avenue Tenafly,NJ 07670 (c) Telephone number: Area Code 551-486-7355 (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,USACOE C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ® 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 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 The existing floating dock constructed with treated decking will be removed;and the proposed cawtalk extension and new float will be constructed with untreated decking. 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 RANDI & ALFRED SILBER 1570 MASON DRIVE CUTCHOGUE, NY SCTM#1000-104-7-10 POLICY 6 At mean lower low water, nearly the entire floating dock of the existing permitted dock (WP #4750) lies in water less than 2 feet deep, which is insufficient for the owner's vessel and well below the 30-inch water depth recommended for floating docks by the New York State Department of Environmental Conservation in their "Tidal Wetlands Guidance Document [for] Residential Catwalks and Docks." But because the existing dock ends well landward of the seaward extent of the adjoining dock to the east and the pier line(s) established by the seaward extents of the neighboring docks to the east and west, the dock can be extended seaward to a depth of 30 inches at mean lower low water in a way that the entire dock facility remains situated inside the pier line; well within the one-third width of the waterway; and compliant in all other ways with the "construction and operation standards" for docks set forth by Town Code Section 275-11(C)(2). And the catwalk extension and new float would both be constructed with untreated decking. Therefore, the proposed extension of the existing permitted dock would not result in a "fragmentation of ecological communities;"nor result in the physical loss, degradation, or functional loss of ecological components or have any other significant adverse impacts on the adjacent tidal wetland ecocsystem. See attached addendum. 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. VN Yes ❑ No❑ Not Applicable Because the existing dock ends well landward of the seaward extent of the adjoining dock to the east and the pier line(s)established by the seaward extents of the neighboring docks to the east and west,the dock can be extended seaward to a depth of 30 inches at mean lower low water in a way that the entire dock facility remains situated inside the pier line and well within the one-third width of the waterway. Therefore,the proposed dock extension would not create a navigation hazard or otherwise obstruct or affect the public's continued access to and recreational use of the surrounding waterway. Attach additional sheets if necessary WORKING COAST POLICIES ' I ' 1 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 3/4/19 Robert T. e rmann Amended on 811105 RANDI & ALFRED SILBER, 1570 MASON DRIVE, CUTCHOGUE -- �r t e _T Figure 3. Looking east over location of proposed floating dock(seaward of outer piling of existing,seasonally removed float)toward neighboring docks to east and pilings which secure seasonally removed floats. s �1 Figure 4. Looking south toward Broadwater Cove at existing dock to be extended and at adjoining dock to west. gel Cjw ft- Vat-Xm l` �l A t- -1 eR i-,- ,rd 7 .1 " l I ft ft Sz A N ��,i A 1,1� 1-70.Maknl[D*�,� R tkl, i7z C2. g?! �Vp �s AS- ow- AC ,mz�-. Io g, VO-;K%,-�011 J6 44, Up, -,w At !,-fv4 41 z 4-1i'r T 77 i NP2 ig —,;liGf Avi 01 Vm i AT At i4 MN :_-L Es Suffolk Canty Nagstrom Map 45 Ash • - l9F r't'F-PPS' I `h f�!. I a/ PPE Py�P o3tz. I c r °y p0 \J 1 SN• y� \ �P� _ �11 �Iti ` aOpP °909OP9� •, :j- - , 1 9 511'�(ACa55 via 51,16JECf \ little f tnvaarrr,r pl?OP�M and ROAPWASI;Com u0o K; A AU \Wreck OI T �I DECK Notes_; rn I, purpose:fo extend existinq dock seaward to sufficierdq naviga6le water depths for owners'vessel 2, Iatum:MLLW= 0' -0" \ 3, Water depths(referenced to MLLW) and bproject plan based on hgdrocfaphic survey ±66' prepared 6q peconic Surveyors,P.C., �., dated 19ecem6er 2,2016 CD 4, Catwalk extension and float to 6e constructed with untreated deckinq NO�,jUR 5. bock to 6e equipped with water and electricity 1 6. plan and erossview diaq-ams are schematic .. in nature and are intended only to establish ��. 3;1 project location,scope,and basic construction 1 — ,jQ . • .-•• details for permlttlnq purposes and are not 27" , Intended to serve as or substitute for engineering n 1 � •......' Ian" O cr construction plans for construction purposes 0 ADJ g�KNO' `. 5_1 Il� i � 1, protect location: 1510 Mason Prive,Cutckocpe; LLW 5CfM No.1000-104-9-10 �- p Ro _1 -0" f ice_ + 58' PROP. 4' x 20' FIXED ' -�L -10" CATWALK EXTENSION r- j ' EX. 4' x 38' CATWALK TO REMAIN -iB" � EX. 6' x 16' FLOAT TO � � MAR 5 2019 ti � + L BE REMOVED EX. 3' x 12' RAMP +6921� 1�� RELOCATED 3' x 12' RAMP TO BE RELOCATED 8" PILE _•,_ Bo?rCi 0f T! -25"+ -28 1��24',,ri VESSEL (TYP.) E N - CO�JSULTANTS PROP. 6' x 20' FLOAT -30 �� I - - 1319 NORTH SEA RD, 8" PILE -33"+ +8_ ' , SOUTHAMPTON, NY 11968 ��'' • . . 63 7-233-'6 360 TIE-OFF PILE OFF COV315 '� WATE a ox p�Op05�n HOCK �X1rN510N ANn BROAD . PPR WrDT.H ® MLL Al.Ff.�n 510Lf? ON D OAnWA1�p COVE, CUZHOGU� (TOWN OF 50UTHOL19), 5UFFOLK COUNTY, NY 5H��f I OF 2 3H-19 MAR ' 52019 E= 5�CTION THPU p1?01`05�P �X1�Nb�12 BOCK __ _ - - pp01'05N7 +8'' �MNI7EI7 POCK �X15TIN6 +63 POCK +24' — +_66 +8 �X, FIXEP CATWALK TO FWAIN PpOP,CATWALK�XTN510N 38' 20' p�LOCATW pAMP 12' —� MOP.FLOAT 0 6" CAP5 ANP 5TpIN6f F,5 x 20' IMM= 2' 7" �X.WOOL?13LKHP. MLLW- 0' - IM 16" -21" �� y EX c'm 25 28 -30" -33' 5' S' 1" = 1 O' +78' 7 V 8" x VAP.,LpNGTH 5UPPOpf P05T5(6' -8' O.C.) pp01?05�n POCK �X1TN51ON ANn MOPIFICA11ON FOP, PANnl ANn E N - CONSU IANTS ALff�n 511,LV, ON PPOAPWAT P, (2) 8" FU5 TO 5FCup�FLOAT PPOP, 10 Tlp-OFF PILE cov�, curcHOGu� (TOWN OF 1319 NORTH SEA ��o OUTHA IPTON, NY 11968 50nOW), 5UFFOI K COUNTY, NY 5H��f 2 OF 2 3-I-19 631-283-6360