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HomeMy WebLinkAbout1000-37.-4-18 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 j f t , PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: February 14, 2006 Re: Proposed Wetland Permit for GARDINER'S BAY EST A TES HOMEOWNER'S ASSOCIATION SCTM#1000-37-4-18 GARDINER'S BAY ESTATES HOMEOWNER'S ASSOCIATION requests a Wetland Permit to remove existing floats from dock "A" and relocate as part of new dock "B". Install 6'X 30' floating dock and re-use two (2) existing pilings. Dock "B" construct a 4'X 30' fixed dock with a 42"X 12' ramp onto relocated floats from dock "A" continuing onto new 5'X 28' floating dock, ending with 2-4'X 20' floats perpendicular, and install four (4) new pilings. Located: Fox Island The applicant currently enjoys access to the waterway via an existing docks and floats. The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards. It is my recommendation that the action as proposed is INCONSISTENT. The applicavt has not demonstrated that the proposed action is consistent with the below sub policies. 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. I. 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. 2. Permit limited obstruction of public use, including navigation, in navigable waters: a. for water-dependent uses involving navigation and commerce which require structures or activities in water as part of the use. b. for commercial recreational boating facilities, provided that the loss of navigable waters and use of underwater lands is offset by sufficient public benefits. / I c. in order to gain reasonable access to navigable waters from riparian lands. 3. Obstruction of navigable waters and underwater lands is limited: b. To the minimum necessary for access to navil!able waters. The minimum is determined by evaluating the following factors: (i) the extent of the use's dependence on access to navigable waters, (ii) the range of tidal water level fluctuation, (iii) the size and nature of the body of water, (iv) the nature of public use of the adjacent waters, (v) the traditional means of access used by surrounding similar uses, (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. Dredging solely to accommodate the draft of larger boats is not a recommended alternative. c. by extent and characteristics of the' developable adjacent upland area and its ability to support in-water development for the water- dependent use. c. by potential adverse effects on natural resources and their uses, and d. by potential adverse effects on public safety. 4. Structures extendinl! beyond the minimum necessary for access to navil!able waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in the following circumstances: a. when necessary for practical and convenient operation of water- dependent industry or commerce, and provided that obstruction of commercial navigation does not result. b. for commercial recreational boating facilities provided that: (i) the loss of navigable waters and use of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does not result. c. when the principal purpose ofthe structure is necessary: (i) to provide public access for recreational uses (ii) for improvements for navigation (iii) for protection from coastal hazards, or (iv) for essential public transportation and transmission facilities. Further, to support Sub-policy 8.3 "Protect the environment from degradation due to toxic pollutants and substances hazardous to the environment and public health", ( . ( The proposed timber has not been identified. If the action is approved it is recommended to further Policy 8.3 that no CCA treated lumber is used in the construction withiu marine waters. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. M'/ REQUEST FOR INFORMATION OR ASSISTANCE Date: c;e 'ft5 f5 0 b Name: C I!IJ/<.Le 5' luse H&'R Telephone: +i"7 - 0 9 S' (7 Mailing Address: SCTM# of site you are inquiring about: Query: (Please be specific about the information you need. Provide supporting documentation - surveys, maps, sketches - where possible.) v<9- f (J C. t C ~'7 to.A../ (( ~)( {/ A JJ YIQ)"I A >'ro C , e ;.J4V~ erA (20 '/vc/Z.-J g,4 / ./Vt.~e71A1?- F't:f5 l.5,-rff t1 eo 1/t1N eO /J PPL I C!~~/d'"A/ ~ For Office Use Only - Routed to: Planning Staff will attempt to respond as quickly as the workload permits. But, depending on the questions, and the research invo. I.V. ed. to answer them, ~ase understand that it may be several days before II'fEt~C;,ilP ~!!,_!'\;h' ~1Mtr::.:..' , , _,,~~.;~..T' " '. _. .;-.(:";'ii: . .t, .~,,::...:c....~ ~ IE It., \ o IE ~ IE ~ -D 'I, \ FEB - 8 2006 ' i , l' n . sOllt~,oh1 ,ow \ Plaon,,'g Board . -. _~_ j, . - . ~~-~~,--_.- \:-_:~~:~":_~:'~::;'~~ ;r<::C;.~;:,:;;'-'. :_,.~,;,--