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Home My WebLink About1000-138.-2-16 . KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND . MAlUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 766.11138 Fax: 631 765.3136 PLANNING BOARD MEMBERS JERIl.YN B. WOODHOUSE Chair PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: James King, President Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: April 18, 2006 Re: Request for Wetland Permit for Richard Demott SCTM#1000-138-2-16 RICHARD DEMOTT requests a Wetland Permit to construct a 4'X 44' fixed open walkway, 4'X 16' hinged ramp, and 6'X 20' floating dock, and two 2-pile dolphins to secure the floating dock. Located: 5380 Skunk Lane, Cutchogue. SCTM#138-2-16 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 (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 INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. The action is located in Baldwin's or Mud Creek a listed New York State Significant Fish and Wildlife Habitat and New York State Department of Environmental Conservation Critical Environmental Area (Cutchogue Harbor Wetlands). Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. Policv Standard 3.1 Enhance visual quality and protect scenic resources throughout the Town of South old 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 structure that will affect the scenic quality of the area. B. Using appropriate siting, scales, forms, and materials to ensure that structures are compatible with and add interest to existing scenic components. The scale of the structure is inconsistent with the surrounding area. No other ramp/floats perpendicular to the shoreline occur in the near vicinity. C. Protect visual quality associated with agricultural land, open space and natural resources. The visual quality of natural resources wiu be impaired as a result of the action. Policy 5. Protect and improve water quality and supply in the Town of Southold. The use and need for the dock is unsubstantiated. The project area demonstrates shallow water depths 2.5' A.L.W.. The installation of the proposed structures may promote power boat traffic and the possible following negative impacts may occur from vessel use: Impacts to submerged aquatic vegetation, Contamination from fuel discharges (if power vessels are proposed) Erosion on shorelines, and Re-suspension of bottom sediments and turbidity Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. The action is located within a Significant Coastal Fish and Wildlife Habitat Area and Critical Environmental Area. The proposed construction practices of the dock have not been identified. It is recommended that the applicant identify the proposed construction practices. Activities during dock construction can destroy vegetation either above or below the tide line by pulling them from the substrate or destroying their root system. The peat beds underlying salt marshes can also be compacted through the improper use of heavy equipment. Both marsh grasses and sea grasses have adapted to living in extended periods of sunlight. Their photosynthetic pathways vary from many terrestrial plants allowing them to be highly productive in their natural settings. Shading can have significant impacts on the health and productivity of these plants. It is recommended that the Board minimize shading from dock structures to the greatest extent possible. Based upon the above the action is inconsistent with the following policy standards. . . Policv Standards 6.1 Protect and restore ecological quality throughout the Town of Southold. 6.2 Protect and restore tidal and freshwater wetlands. The proposed action may result in a net loss of tidal wetlands. 6.3 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. No desil!D or construction mitil!atlon or best manal!ement practices have been proposed to minimize adverse impacts to the neatest extent possible. Policy 8. Minimize environmental degradation in Town of South old from solid waste and hazardous substances and wastes. See Policy 5 response above. Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of South old. 9.4 Assure public access to public trust lands and navigable waters. A. Provide free and substantially unobstructed passage along public trust shorelands. 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: