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Home My WebLink About1000-104.-8-1 i \ KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAILING 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: James King, President Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: September 18, 2006 Re: Request for Wetland Permit for Nick Bubany SCTM# 104-8.1 SEE A TT ACHED AERIAL PHOTO. THE DOCK MAY IMPEDE NA VIGA nON OF VESSELS ENTERING AND EXITING THE MARINA TO THE NORTHWEST. Patricia C. Moore, Esq. on behalf of NICK BUBANY requests a Wetland Permit to construct a 4'X 75' fixed dock (min. 2.5' above grade), 3'X 16' seasonal ramp and a 6'X 20' floating dock secured by (2) 8" dia. piles. Located: 200 Hickory Dr., Cutchogue. SCTM#104-8-1 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards. Based upon the information provided on the L WRP 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 below Policy Standards and therefore is INCONSISTENT with the L WRP. To further the Policies 9.2 and 9.4; The applicant must demonstrate to the Board that the action fullv meets the below policies: In addition the LWRP states "Piers, dockingfacilities, 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 ". 9.5 Provide access and recreation that is compatible with natural resource values. \ { A. Provide appropriate access and associated recreational activity that will avoid potential adverse impacts on natural resources. Use the following factors in determining the potential for adverse environmental effects: L intensitv of the associated recreational, scientific, or educational activitv, 2. level of likelv disturbance associated with the proposed activitv. The following types of access or associated activities are listed in decreasing order of potential for disturbance: a. motorized activities, b. active. non-motorized activities. including water-dependent and water-related uses, c. passive activities, d. avoidance of the area. 3. Sensitivitv of the natural resources involved and the extent of the ecological benefits associated with avoidance of the area. B. Limit public access and recreational activities where uncontrolled public use would lead to impairment of natural resources. I. Establish appropriate seasonal limitations on access and recreation in order to minimize adverse impacts on fish and wildlife species. 2. Provide stewardship that is capable of controlling anticipated adverse impacts before providing public access. 3. Physically limit or avoid provision of public access to natural resource areas whose principal values are based on the lack of human disturbance. 4. Provide educational, interpretive, research, and passive uses of natural resources through appropriate design and control of public access and recreation. C. Provide public access for fish and wildlife resource related activities, including fishing and hunting, provided that the level of access would not result in a loss of resources necessary to continue supporting these uses. D. Provide access using methods and structures that maintain and protect open space areas associated with natural resources. Determine the extent of visual and physical impairment by structures extending through these open space areas based on: L the value of the open space as indicated by un-fragmented size or mass of the wetland or other natural resources, distance to navigable water, and wetland value. 2. the size, length, and design of proposed structures 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 hil!h water for navil!ation, recreation. and other public trust purposes, includinl! the incidental ril!hts of public anchorinl!. 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: 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 adiacent waters. (v) the traditional means of access used by surrounding similar uses. (vi) whether or not alternative means to gain access are available. c. by extent and characteristics of the developable adiacent upland area and its ability to support in-water development for the water-dependent use. c. bv potential adverse effects on natural resources and their uses. and d. by potential adverse effects on public safety. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency ofthe proposed action. CC: Shawn Kiernan, New York Department of State Division of Coastal Resources Town of Sonthold L WRP CONSISTENCY ASSESSMENT FORM 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 detennination of consistency. *Except minor exempt actions including Building Permits and other ministerial pernlits 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 South old 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 fOlm is answered "yestl, 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 L WRP policy standards and conditions. 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. B. DESCRIPTION OF SITE AND PROPOSED ACTION Tmstees Permit: Existing Lagoon with dock and float to be abandoned and Low Profile dock (4'x75'); Thm-Flow decking (2.5' above grade) with seasonal Ramp (3'xI6') and Float (6'x20') SCTM# 1000- 104-8-1 (Bu 'bany) AGENT: Patricia C. Moore ESQ.. 51020 Main Road. Southold NY 11971 ~.f'\ . , - "'- The Application has been submitted to (check appropriate response): r,v ~ ~~. ,,0... '\ Town Board 0 Planning Dept. 0 Building Dept. 0 r\, " L- Board of Tmstees 0 Zoning Board of Appeals 0_ ~a>I '~~ v- Category of Town of South old agency action (check appropriate response): ,D (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) 0 (b) Financial assistance (e.g. grant, loan, subsidy) 0 (c) permit~p~l,.,li=1~jfic~t;~:~~~: _ \:, 0 [E lC IE ~ ~ [E I ~ r'I.,.. , , \ . ! i SEP - 1 2006 Iii l ~ . ..._---~'--..- AIi" L? u',] - '):':I....'t" 1._'_1.'') Town of Southold L WRP Consistency Assessment Fonn s' .\1\ , "- O"'-c ~I" -"......-..~ ,"-;,~~ " Nature and extent of action: Trustees Pennit: Existing Lagoon with dock and float to be abandoned and Low Profile dock (4'x75'); Thru-Flow decking (2.5' above grade) with seasonal Ramp (3 'x 16') and Float (6'x20') Location of action: Hickorv Drive. Cutcho!!ue Site acreage: 1.5 acres alon!! Broadwaters Cove Present land use: Existin!! La!!oon no lon!!er navi!!able- abandon La!!oon and allow wetlands to reclaim land- relocate dock to Broadwaters Cove Present zoning classification: Residential 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: Nick Burbanv (b) Mailing address: 200 Hickorv Drive. Cutcho!!ue 11935 (c) Telephone number: (631 ) 734-7129- Cutcho!!ue (d) Application number, if any: _ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes 0 No 0 If yes, which state or federal agency:_ Town of SOllthold L WRP Consistency Assessment Form 2 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 inji-astructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See L WRP Section III - Policies; Page 2 for evaluation criteria. Yes D No D Not Applicable D Discussion (if appropriate): Existin!! La!!oon used to dock boat to be reclaimed bv wetlands. dock relocated to Braodwaters Cove. The mouth of the La!!oon has been dred!!ed in the vast 0973 dred!!in!! permit !!ranted); however. relocatin!! dock to Cove is less environmentallv dama!!in!! to area than dred!!in!! mouth of La!!oon and Lalroon. 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 Yes D No D Not Applicable D Discussion (if appropriate): No Archeolo!!ical or historic resoources identified- site has been disturbed in the past. 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 D No D Not Applicable D Discussion (if appropriate): Dock (Low Profile) with Thur-Flo deckin!! mitilrates visual impact to Broadwater Cove- natural ve!!itation continues to !!row below dock. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes D No D Not Applicable D Discussion (if appropriate): La!!oon last dred!!ed in 1973 (with permit from Town Trustees) - dock is proposed which will reduce impact on natural resources. Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section/II - Policies Pages J 6 through 2 j for evaluation criteria Yes D No D Not Applicable D Town orSouthold LWRP Consistency Assessment Form 3 Discussion (if appropriate): Material choice for dock (Thru-Flow) allows Ii!!ht-air and water to permiate throu(:h structure. Approved materials used for piles. Policy 6. Protect and restore the quality and fimction of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section 111- Policies; Pages 22 through 32for evaluation criteria. Yes D No D Not Applicable D Discussion (if appropriate): Re!!eneration of La!!oon will be a beneficial restoration of natural habitat and wetlands. Proposed dock materials will miti!!ate impact on wetlands Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section III _ Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes D No D Not Applicable D Discussion (if appropriate): No im\lact on air Quality Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III -Policies; Pages 34 through 38 for evaluation criteria. Yes D No D Not Applicable D Discussion (if appropriate): No impact on Solid Waste or hazardous substances. all materials are approved bv Trustees and State DEe Town of Southold L WRP Consistency Assessment Farr;1 4 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 L WRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes 0 No 0 Not Applicable 0 Discussion (if appropriate): Low Profile dock will not interfere with public access to Broadwater Cove. Location of proposed dock is located at a safe and appropriate distance from existin!! Marina (Cutcho!!ue Marina) 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. Yes 0 No 0 Not Applicable 0 Discussion (if appropriate): Residential parcel with existin!! Boat Basin has proposed dock which will promote continued use of waterfront with an environmentally appropriate dock material and reclamation of wetlands within the La!!oon 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. Yes 0 No 0 Not Applicable 0 Discussion (if appropriate); Reclamation of existin!! La!!oon is beneficial to marine resources and use of Thru-Flo dock material permits continued air. li!!ht and water to marine resources. Policy 12. Protect agricultural lands in the Town of South old. See LWRP Section 111- Policies; Pages 62 through 65 for evaluation criteria. Yes 0 No 0 Not Applicable 0 Discussion (if appropriate): _ 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. Yes 0 No 0 Not Applicable 0 Discussion (if appropriate): No impact on ener!!v or mineral resources copy of Town form created on 2/11/06 Town of Southold L WRP Consistency Assessment Foml 5 Plan View Applicant: Nick Bubany Proposed; Dock, Ramp & Float Purpose: Private Mooring Surveyed: 06-26-06 SCT# 1000-104-8-1 Town: Southold Suffolk County, NY Datum: Low Water Tide Range: 2.5' +/- 1 I W*E S ect. ge Of f110rs f " j~ 1- ik ik ik ,i JL ik 1" = 60' JL, SC;flt f]-;2.5 ik \OOO-\O~G\l'I\<. Zlto ()l'IGI of. " \.. / ik,\.,.~/ 0 X\ . / 0 ik ik/\;;~ ~/ ik. lL JL, JL " JC ,l .Il ......-.------__. // ", .." \ /i.',~3.:.i,//,/ sed \" ~1/ /atO?o .wl i 'oum ,/ t" "to'\, j JC " / ,,\.o'l'l D; ",16 : '.,_____ / oocY-, cy-\{\g j -.--j r\O de {~ i ""tu' S' a'O'oJ 9 !" .'" 2. oc. 1 l{\'\\'" ?). ~' JC " ,,\\eS sona: \ sea: 6 81-\ 'l'l\\" ~",'\ ,\" ",a{\'\? ~ 6 '" 20 \ r\oa: "&' 1> \ lL , \ ""~\ ~kP a Q, -, ...~\ '~\ ik Ie: c:\ -:> -:>\ IS> \)., ik ..<.<;l,\ ~\ \ \ \ " \ \ !h u 0 ,,0.\0.' fl v'rPf ~,w~ o <)l ~ o 'is> <;>- .z. 'is> << 0> ~ IS' li> ik <? " " i ("'> o .L. 0> fl-\ OOA~:;(\~ ~"\. \~ o~ ~.oO 0 \-o.f< _ ,~0 or''-I y,u' ~ Y,\v'#J ....,.... j, " , \\ JL 111=301 Proposed "Low Profile" Dock 4' x 75' 'Thru-Flo' decking (min 2.5' abv. gr.) with Seasonal Ramp 3' x 16' & Float 6' x 20' -m All Gonstructlon materia Is from approved list Section 6" plies 810c. e- anchor pile. SEA LEVEL MAPPING 631-722-3390 PO Box # 538 Riverhead, NY 1131/2006 Q,21,13AM c" \5LM\I:>..obal~.pro ) ~tland Boundary RFox jJne '06 4x4 posts to LH exist. bUm. -LW -4