HomeMy WebLinkAbout1000-38.-8-1
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KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
MAltiNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
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 SOUTH OLD
To: Town of South old Board of Trustees
From: Mark Terry, Senior Environmental Planner
L WRP Coordinator
Date: February 15,2006
Re: Proposed Permit to Wetland Permit for Carolyn and Joseph Ferrara
SCTM#1000-38-8-1
En-Consultants, Inc. on behalf of CAROLYN & JOSEPH FERRARA requests a Wetland Permit
to construct a fixed timber dock consisting ofa 4'X 12' inclined ramp; 4'X 84' fixed timber
catwalk; 3'X 14' hinged ramp; and 6'X 20' float secured by (2) 8" dia. pilings. Dock is to be
constructed of untreated lumber and ramp and float shall be removed and reinstalled seasonally.
Located: 2170 Maple Lane, East Marion. SCTM#38-8-1
The applicant currently enjoys access to the water. Three dockslboating facilities for use by
several homeowners associations exist to the east.
The proposed action has been reviewed to Chapter 95. Waterfront Consistencv Review of
the Town of Sonthold Town Code and the Local Waterfront Revitalization Prol!ram
(L WRP) Policv Standards. Based npon the information provided on the L WRP
Consistencv Assessment Form submitted to this department. as well as the records
available to me. it is mv recommendation that the proposed action is INCONSISTENT
with the followinl! L WRP Policv Standards;
J. Protect visual quality associated with public lands, including public ransportation
routes, public parks and public trust lands and waters.
I. Limit water surface coverage or intrusion to the mlmmum amount
necessary.
2. Limit alteration of shoreline elements which contribute to scenic quality.
K. Protect visual quality associated with agricultural land, open space and natural
resources.
3. Avoid structures or activIties which introduce visual interruptions to
natJJrallandscapes including:
a. introduction of intrusive artificial light sources
b. fragmentation of and structural intrusion into open space areas
c. changes to the continuity and configuration of natural shorelines
and associated vegetation
The action would introduce an additional dock for private use and impact the visual
quality of the area.
6.1 Protect and restore ecological quality throughout the Town of Southold.
A. Avoid adverse changes to the Long Island Sound and the Peconic Bay ecosystems
that would result from impairment of ecological quality as indicated by:
1. Physical loss of ecological components
Physical loss is often the most obvious natural resource impairment to
identify. It usually results from discrete actions, such as filling or
excavating a wetland or clearing an upland forest community prior to
development.
B. Protect and restore ecological quality by adhering to the following measures.
1. Maintain values associated with natural ecological communities.
Each natural ecological community has associated values which contribute
to the ecological quality of the Town of Southold. These values should be
assessed on a case-by-case basis.
2. Retain and add indigenous plants to maintain and restore values of natural
ecological communities.
a. Protect existing indigenous plants from loss or disturbance to the
extent practical.
3. Avoid fragmentation of ecological communities and maintain corridors to
facilitate the free exchange of biological resources within and
among communities.
a. Each individual resource area should be maintained as a complete
contiguous areas to protect the area's natural resource values.
Specifically, actions that would fragment the ecological
community into separate ecological island~ should be avoided.
b. Where fragmentation of ecological communities has already
occurred, the adverse effects of fragmentation can be mitigated by
maintaining or providing connecting corridors to allow exchange
of biological resources.
4. Maintain ecological integrity of particular locales by maintaining
structural and functional attributes, including normal variability, to
provide for self-sustaining systems.
5. Avoid permanent adverse change to ecological processes.
The proposed action would result in a physical loss of ecological components.
9.4 Assure public access to public trust lands and navigable waters.
A. Provide free and substantially unobstructed passage along public trust
shorelands.
B. Ensure that interference with passage along the shoreline is limited to the
minimum extent necessary to gain access from the upland to the water.
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.
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.
c. in order to gain reasonable access to navigable waters from
riparian lands.
3. Obstruction of navigable waters and underwater lands is limited:
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.
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,
(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 inteiference 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 extending beyond the minimum necessary for access to
navigable 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 of the 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.
The applicant has not demonstrated that the proposed action will not impede public access
along the shoreline or navigable waters.
9.5 Provide access and recreation that is compatible with natural resource values.
10.3 Allow for continuation and development of water-dependent uses within the existing
concentration of maritime activity in harbors, inlets and creeks.
In addition to Mattituck Inlet and Creek and the Village of Greenport, important
concentrations of water-dependent uses are located at Orient Point, Orient hamlet, Gull
Pond, Mill CreeklBudds Pond, Town/Jockey Creek, New Suffolk, James Creek and West
Harbor. Individual marinas and other water-dependent uses are located outside of the
concentrations of maritime activity.
A. Ensure that public actions enable these harbors, inlets and creeks to continue to
function as concentrations of water-dependent uses.
B. Protect and enhance the economic, physical, cultural, and environmental
attributes which make up the character of these harbors, inlets and creeks.
10.4 Minimize adverse impacts of new and expanding water-dependent uses and provide for
their safe operation.
A. Limit the potential for adverse impacts associated with development of a new
water-dependent use by promoting the location of new development at appropriate sites.
Appropriate sites include:
1. sites which have been previously developed,
2. sites which require minimal physical alteration to accommodate
development,
3. sites thatillfeady rmssess-publiemfrastructure or locationalcharacteristics
that would support a water-dependent use.
B. Avoid development of new water-dependent uses at sites that are located outside
of the traditional concentrations of water-dependent uses or at sites that exhibit
important natural resource values or where the proposed use will cause
significant adverse affects on community character, surrounding land and water
uses, or scenic quality.
The L WRP does not support the construction of docks or structures in Gardiners Bay and
therefore, there is no opportunity for the proposed action to be modified and become consistent
.
with the L WRP. Correspondingly the L WRP recommends the use of "alternatives to long piers
or docks include use of dinghies to reach moored boats and mooring in nearby marinas n.
Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing
its written determination regarding the consistency of the proposed action.
L WRP CONSISTENCY ASSESSMENT FORM
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Town of Southold
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A. INSTRUCTIONS
I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of South old 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 orooosed action will be evaluated as to its significant
beneficial and adverse effects uoon the coastal area (which includes all of South old 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 L WRP policy standards and conditions contained in the consistency
review law. Thus. each answer must be exolained in detail. listine both suooortine and non-
suooortine facts. If an action cannot be certified as consistent with the L WRP 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 South old's website
(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local
libraries and the Town Clerk's office.
SCTM#
38 -
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B. DESCRIPTION OF SITE AND PROPOSED ACTION
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PROJECT NAME
CAROLYN & JOSEPH FERRARA
The Application has been submitted to (check appropriate response):
Town Board 0 Planning Board 0 Building Dept. 0 Board of Trustees ~
I. Category of Town of South old agency action (check appropriate response):
(a)
Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
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(b) Financial assistance (e.g. grant, loan, subsidy)
(c)
Permit, approval, license, certification:
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Nature and extent of action:
CONSTRUCT A FIXED TIMBER DOCK CONSISTING OF A 4' X 12' INCLINED RAMP: 4' X 84'
FIXED TIMBER CATWALK: 3' X 14' HINGED RAMP: AND 6' X 20' FLOAT SECURED BY (2) 8"
DIAMETER PILINGS. ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-
CONSULTANTS. INC. DATED JANUARY 17. 2006. DOCK IS TO BE CONSTRUCTED OF
UNTREATED LUMBER AND RAMP AND FLOAT SHALL BE REMOVED AND REINSTALLED
SEASONALLY.
Location of action:
2170 MAPLE LANE, EAST MARION
Site acreage:
3.819 acres
Present land use:
Residential, one-family dwelling
Present zoning classification:
R-40
2. If an application for the proposed action has been filed with the Town of Southold agency, the following
infonnation shall be provided:
(a) Name of applicant:
Carolyn & Joseph Ferrara
(b) Mailing address:
26 Suburban Avenue
Pelham Manor, NY
10803
(c) Telephone number: Area Code () 914-738-2903
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes D No~
If yes, which state or federal agency?
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 South old 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 L WRP Section III - Policies; Page 2 for evaluation
criteria.
DYes D No ~ Not Applicable
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L WRP
Section III - Policies Pages 3 through 6 for evaluation criteria
DYes D No W 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 C No 0 Not Applicable
The proposed dock is consistent with Policy 3 insofar as it shall be located immediately adiacent to and within
the aesthetic shadow of an existing dock of substantially greater scope and will therefore not alter any pristine
or other shoreline elements which contribute to scenic Quality. The proposed dock has also been limited to the
water surface coverage and waterway intrusion that is the minimum amount necessary. The specifications of
the proposed dock are consistent with those allowed by the Board of Trustees pursuant to Chaoter 97 and its
associated oolicies. and the ramp and float will be removed seasonallv to further minimize the structure's
intrusion on the waterway.
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
DYes 0 No c:J Not Applicable
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of South old. See L WRP Section III
_ Policies Pages 16 through 21 for evaluation criteria
~ Yes C No UNotAPplicable
Insomuch as Polic 5 is a licable to the roo ect the dock will be constructed of to
avoid water quality impacts potentially associated with the use of CCA and other wood treatment chemicals.
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 L WRP Section III - Policies; Pages 22
through 32 for evaluation criteria.
[!] Yes 0 No C Not Applicable
The proiect is consistent with Policv 6 with respect to all of its applicable components. AlthoulZh a vegetated
tidal. wetlands ecosystem is absent and the site is not designated as a Significant Coastal Fish and Wildlife
Habitat. the Droposed dock has been designed and located so as to avoid any potential phvsicalloss. degradation
or functional loss of ecololtical components. The dock will be constructed of untreated lumber and be situated
along an unvegetated shoreline within the virtual shadow of an existing dock of much greater scope and
immediately adjacent to a Resort Residential District. which allows for and where presently exists intense
residential development. including the said existinl/: dock. Therefore. there will be no "fralZlllentation of
ecological communities" caused bv installation of the proposed dock. and there will be no net loss of tidal
wetlands. The project will meet the statutOry and regulatory reauirements of Article 25 (Tidal Wetlands) of the
NYS ECL and of Chapter 97. most specificallv !i97-27(C)(2) and !i97-28.
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.
DYes D No ~ Not Applicable
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste. and ~az~rdous
substances and wastes. See L WRP Section ill - Policies; Pages 34 through 38 for evaluation cntena.
DYes D No 0 Not Applicable
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and pu~lic
resources of the Town of Southold. See L WRP Section III - Policies; Pages 38 through 46 for evaluatIOn
criteria.
[!J Yes D No 0 Not Applicable
The project is consistent with Policy 9 in that the location. confll!:Uration. and seaward intrusion of the structure
(particularlv with respect to the adiacent dock to the east) will maintain unobstructed passage along public trust
shorelands and navigation in navil1:able waters. Specificallv. the adiacent. existing dock by itself sets a localized
constraint on navilZation. which the proposed dock would be located well within. The dock's landward
extension is also limited to the minimum extent necessary to maintain unobstructed pedestrian passalZe a1on!!:
the shoreline. Given these factors. in addition to the character of the adjacent dock and Resort Residential
lands: the water-deoendent nature of the proposed use: the use of untreated lumber: the seasonal removal of the
ramp and float: the lack of on-site vel1:etated wetlands and other underwater ve!!:etated communities: and the
absence of adverse economic impact on existinl1: commercial enterprises or navil1:ation. the proiect is more
specificallv consistent with Policy Section 9.3.
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.
OS Yes 0 No 0 Not Applicable
With resoect to the applicable sections of Policv 10. the proiect is consistent because the dock will be situated
adiacent to intenselv developed Resort Residential lands characterized bv an existing and much larger and
intrusive dock structure. As such. the prooosed dock will neither alter nor adverselv imPair the surrounding
community character. water use. or scenic aualitv.
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 L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
DYes D No ~ Not Applicable
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62
through 65 for evaluation criteria.
DYes D No [i"J Not Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
DYes D No ~ Not Applicable
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H Coastal Management
PREPARED BY 11 \f\ - TITLE <:;ppl"'i..1 i "t- DATE 1/24/06
Robert ~. Herrmann
Amended on 8/1/05
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SEE SHEET 2 OF 3 FOR LARGER
SCALE VIEW OF PROPOSED DOCK
1" = 100'
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"'-DOCK
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3'.. 14' RMP
-3'-11"
I, PU'J?05": Prwate boa\; doc~
2, lIatun: N-W
,?, II"" to be cm>lruded of "",-treated lumber
4, Ranp a1d fioal;to be renmed a1d relnoWled ",,,,,,,,,,14,
7, Water depths recaded dl81"'1I<N1 tide ~
~n-C~, It'<, & .her" A 1"'i"'fO, l-5,
(12:'50 PM, 8-17-07)
(;, Project l",atk>1: 2110 M4:>le l-"",
~a% MErk>1, SCfM No, IOOO-'?8-8-1
PROP05etl tlOCK fOR CAROL. YN ANti
J05ePH f~RRAJ<A ON CiARtlIN~RS BAY,
~ASf MARION, SUffOL.K CO" NY
51url Of~ 1/11/06
EN-CONSULTANTS me
1319 NORTH SEA RD. .
SOUTHAMPTON, N.Y. 11988
631-283-6360
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FIXED CATWALK
EX. DOCK
:1:114'
-3'-0"
-3'-2"
3' x 14' RAMP
6' x 20' FLOAT
-3'-4"
-3'-6"
-3'-9"
-3'-1'"
EN-CONSULTANTS INC.
1319 NORTH SEA RD.
SOUTHAMPTON, N.Y. 11968
631-283-6360
PROP05t1? I?OCK fOR CAl<OL. YN ANI?
J05tPH f~RRAl<A ON uAl<I?IN~R5 MY,
~A5f MAl<ION, SUffOL.K CO" NY
5H~~f2 Of? 1/11/06
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EN-CONSUlTANTS INC.
1319 NORTH SEA RD.
SOUTHAMPTON. N. ~ 11968
631-28N380
PROPOSE:tI tlOCK fOR CAROl.- YN ANti
JOSE:PH f~RRARA ON URlIIN~R5 [PAY,
~A5f MARION, 5UffOl.-K CO" NY
5H~~f? Of? 1/ /1/06