HomeMy WebLinkAbout1000-115.-17-17.11
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WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
MAlUNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
OFFICE WCAll0N:
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 South old Board of Trustees
From: Mark Terry, Senior Environmental Planner
L WRP Coordinator
Date: July 14, 2005
Re: Proposed Permit to Construct a Dock for James Mitchell in Deep Hole Creek
SCTM#looo-I' 5-1'7 - n / /
The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review ofthe
Town of Southold Town Code and the Local Waterfront Revitalization Program (L WRP) 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 the denoted following Policy Standards
and therefore is INCONSISTENT with the LWRP.
Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing
its written determination regarding the consistency of the proposed action.
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.
This proposal is to construct a fixed open walkway 4 x 53'and a 4' x 6' stairs in Deep Hole
Creek in Mattituck. Deep Hole Creek is a listed Critical Environmental Area and a Peconic
Estuary Program Critical Natural Resource Area. The action is located within REACH 9 in
the A-C zoning district.
The 53 foot length of the proposed walkway/dock is consistent with the size of the surrounding
open walkway/dock structures within the area. The open walkway to the west of the property is
approximately 40 feet in length. The open walkway/dock structures opposite the property is
approximately 21 feet in length (2004 Aerial photograph interpretation). The width of the creek
in this area is approximately 76 feet.
The proposed structure is for private use and will not support a pattern of development that
enhances community character nor preserves "public" open space. Additionally, the proposed
action does not make beneficial use a coastal location due to the shallow depth of the creek, the
apparent bottom scouring as indicated on aerial photographs and the narrowness of the creek at
this location. Additionally, the applicant has not proposed sufficient mitigative design and
construction best management practices that will minimize the adverse effects ofthe action on
the environment. scenic view shed or community to the greatest extent possible.
Policy 2. Protect and preserve historic and archaeological resources of the Town of South old.
There is no opportunity to meet this policy
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of
Southold.
Policy Standard
3.1 Enhance visual quality and protect scenic resources throughout the Town of Southo/d
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. Screen components of development which detract from visual quality,
C. 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 consistent with surrounding dock
structures. Material of the structure has been identified as a CCA
alternative.
D. Preserve existing vegetation and establish new indigenous vegetation to
enhance scenic quality, and
The action will result in a loss of high quality low and high salt marsh.
No restorative or mitigative plan has been submitted to minimize
adverse impacts to the vegetation.
E. Protect visual quality associated with agricultural land, open space and
natural resources.
The visual quality of natural resources (salt marsh) will be impaired
as a result of the action.
Policy 4. Minimize loss of human life, structures, and natural resources from flooding and
erosion.
No loss of human life is expected as a result of the action. rfapproved the structure will be
designed and constructed to tolerate flooding and minimize erosion.
Policy 5. Protect and improve water quality and supply in the Town of South old.
The materials used to construct the dock are proposed to be a CCA alternative.
The use and need of the dock is undefined. The project area demonstrates extremely shallow
water depths. 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
To further the above policy and to reduce turbidity in the event that the proposed action is
approved, the following Best Management Practice is strongly recommended:
The encirclement ofthe entire project area with a floating turbidity screen to
remain in place a sufficient number of days to allow the settling of the
suspended solids.
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 proposed action is located within a tidal wetland. a DEC Critical Environmental Area
and a Peconic Estuarv Prol!ram Critical Natural Resource 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.
In sea grass beds, the installation of pilings may have immediate impacts as well as cause long-
term changes. Installation through ')etting" with high-pressure hoses typically disturbs a
surrounding area- depopulating grasses there prior to construction. Once areas are depopulated,
the presence of pilings may lessen chances ofregrowth. Beal, Schmit, and Williams (1999)
suggest that changes in seagrass communities in the vicinity of pilings may be caused by the
modification of currents, sediment deposition, attraction ofbioturbators, and leaching from
chemically treated wood.
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.
The proposed action does not propose a restoration plan of areas that may be
impacted (if any) during construction.
6.2 Protect and restore tidal andfreshwater wetlands.
The proposed action will result in a net loss of tidal wetlands.
6.3 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities.
The proposed action is located within a NYSDEC Critical Environmental Area and
a Peconic Estuary Program Critical Natural Resource Area. No deshm or
construction mitil!ation or best manal!ement uractices have been urouosed to
minimize adverse imuacts to the l!reatest extent uossible.
Policy 7. Protect and improve air quality in the Town of South old.
No significant impact to air quality will occur as a result of the proposed action.
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.
The proposed action will remain private and will not support a pattern of development that
enhances community character nor preserves "public" open space.
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-
dependent uses in suitable locations.
The proposed action is within a DEC listed Critical Environmental Area. The proposed action
will not protect or enhance the physical, cultural and environmental attributes of Deep Hole
Creek. Due to environmental constraints of this location (tidal wetlands, shallow water
depth, narrowness of the creek in the area) this area may not be suitable for the
construction of the proposed action. The applicant currently enjoys access to the water.
Based upon such, the proposed action does not fully support the following policy standards to the
greatest extent possible. Amendments to the proposal and best management practices should be
outlined and submitted to the Board.
10.3 Allow for continuation and development of water-dependent uses within the
existing concentration of maritime activity in harbors, inlets and creeks.
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 that already possess public infrastructure or locational characteristics
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 sirmificant
adverse affects on community character. surroundinf! land and water uses. or scenic
Qualitv.
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the
Peconic Estuary and Town waters.
The action is proposed within Deep Hole Creek. a listed NYSDEC Critical Environmental Area
and a Peconic Estuarv Program Critical Natural Resource Area which entitles the area to a
heightened level of protection. As proposed, the action will not fully support the following
policy standards.
A. Ensure that commercial and recreational uses of living marine resources in the Town
of Southo/d are managed in a manner that:
1. places primary importance on maintaining the long-term health and
abundance of marine fisheries,
2. results in sustained useable abundance and diversity of the marine
resource,
3. does not interfere with population and habitat maintenance and restoration
efforts,
4. uses best available scientific information in managing the resources
5. minimizes waste and reduces discard mortality of marine fishery
resources,
6. restricts commercial and recreational activities, including the use of
certain gear types, gear sizes and practices that have negative impacts on
marine habitats.
C. Foster the occurrence and abundance of the Town's marine resources through:
1. protection of spawning grounds, habitats, and water quality,
2. enhancement and restoration of fish and shellfish habitat,
3. the prevention of over-fishing.
11.2 Provide for commercial and recreational use of the Town of South old's
finfish, shellfish, crustaceans, and marine plants.
A. Maximize the benefits of marine resource use so as to provide:
1. a valuable recreational resource experience,
2. viable business opportunities for commercial and recreational fisheries.
C. Protect the public health and the marketability of marine and fishery resources
by:
1. maintaining and improving water quality of fishery and marketable marine
resources to protect public health.
Policy 12. Protect agricultural lands in the Town of South old.
This policy does not apply to this action.
Policy 13. Promote appropriate use and development of energy and mineral resources.
This policy does not apply to this action.
It is recommended that the Board of Trustees require the followine outstandine items and
issues be submitted and resolved to further the policies and intent of the Town of Southold
Local Waterfront Revitalization Proeram:
Deep Hole Creek a listed Critical Environmental Area by The New York State Department
of Environmental Conservation, and a Peconic Estuary Proeram Critical Natural Resource
Area which entitles the area to a heiehtened level of protection.
1. By nature of the location ofthe parcel the applicant currently enioys access to the
water. The use and need of the dock have not been identified. Please have the
applicant identify the use and establish the need.
2. The proposed width of the dock should be minimized to avoid impact to veeetation.
3. The proposed construction methods and materials have not been identified.
4. The application does not propose mitieation to areas impacted throueh the
construction ofthe dock or construction best manaeement practices to minimize
adverse impacts to the ereatest extent possible. (Turbidity controls etc...)
Correspondingly, the potential impact of any Unlisted Action on the environmental
characteristics of the Coastal Environmental Area is a relevant area of environmental concern
and must be evaluated in the determination of significance prepared pursuant to Section 617.7 of
SEQR.
Please contact me at (631) 765-1938 if you have any questions regarding the above.
. ,
!, 'I'ow~ of Southo!d
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 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).
3. If any question in Section C on this form is answered "yes", 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 LWRP policy
standards and conditions. 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 South old's website
(southoldtown.northforknet), 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# 115
17
17.11
(71.'khtl J
The Application has been submitted to (check appropriate response):
Town Board D Planning Dept. D Building Dept. D 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)
D
o
(b) Financial assistance (e.g. grant; loan, subsidy)
(c)
Permit, approval, license, certification:
o
Nature and extent of action:
Construct a 4' x 53' fixed timber catwalk and 4' x 6' stairs,
as depicted on the project plan prepared by En-Consultants, Inc.,
dated June 21, 2005.
, ,
~.
Attach' additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
L WRP Section III - Policies Pages 6 through 7 for evaluation criteria
[] Yes D No D Not Applicable
The proposed catwalk will be constructed throuqh an existinq veqetated
marsh and will not extend into the open waterway, which is a canal leading
to Deep Hole Creek. As depicted on the subiect survey, this catwalk will
be similar to the many other similar dockage and access structures that
characterize this waterway.
Attach additional sheets if necessary
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
DYes D No ~ Not Applicable
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III
- Policies Pages 16 through 21 for evaluation criteria
DYes D No ~NotApplicable
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of South old ecosystems induding
Significant Coastal Fish and Wildlife Habitats and wetlands. See L WRP Section III - Policies; Pages 22
through 32 for evaluation criteria.
UI Yes D No D Not Applicable
The proposed catwalk will have no definable or measurable impacts on
the quality or function of the adjaent ecosystem.
;L
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 0 No [!] Not Applicable
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of South old. See L WRP Section III - Policies; Pages 62
through 65 for evaluation criteria.
DYes 0 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.
DYes 0 No 0 Not Applicable
Created on 5/25/05 11:20 AM
"
.
Notes:
~rovlde fixed, 9lructura pede9lrl31 acce" tl1r<W/1
v~d tlda Wetl31d5 to ca1aI
2. l/abJm: liW
:5. All timber to be ACQ-treated ex- other
non-CCA materia
4. Water dept./15 (referenced to liW)
converted from water dept./15 (referenced
to M'SO provided on 10+04 h4dra:rap,lc
5IJrVe4 prepa-ed b4 5ea ~evel Mapplr<1
? Project location: 410 Will 15 Creek Drive,
MalktWcK. SCfM No. IOOO-II?-11-11.11
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EN-CONSULTANTS INC.
1319 NORTH SEA RD.
SOUTHAMPTON, N.Y. 11968
631-283-6360
PROPO~tJ CAfW/i.K fOR JAMeS ANtJ
MARINA MlfCHeLl ON CANti. 1'0 tJeep
HOlX CReeK, MAfl111JCK, SUffOl-K CO., NY
SHeef I Of 2 6-21-0?
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srClION 111RU PROPOSW CAIWIi-K & SffPS
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4" X 4" SUPPORf POS,S (fi1',)
EN-CONSULTANTS INC.
1319 NORTH SEA RD.
SOUTHAMPTON, N.Y. 11968
631-283-6360
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PROP05ft? CAfW/i.K fOR JAN{f-5 ANt?
MARINA MlfCH~l-l- ON CAN/i. 1'0 t?~~P
HOl-~ C~~K, MAfllm::K, SUffOl-K CO" NY
5l-Uf 2 Of 2 6-21-0?
07/12/2005 14:23 FAX 6312~56150
EN-CONSULTANTS.INC,
~005
fvi l'fUte?L
Locati'on cf action:~70 \JJ I' II ~ (r a It.. Dr (\rr r NcA-h \vL k
Site acreage:-.-J. 0/3
Present land use: J.UJC~ - (e. $ ((~lM h C4. \
Present zoni.:1g classification: (2.. - 't 0
2. If an application for the proposed action has been filed with the Town of Southold agency, the ,following
infonnation shall be provided:
(a) Nameofapplicant F:V\~ ~~vl ~....~ \r'I.(.
.
(b) Mai!ingaddre$s: l'->l1--.bJaMt, <y~ 121")1'. J.
':)iv~~.\b, tJ~ II q ~~
(e) Telephone nwnberc A.rea Codd~;bl 7 ~ '3 - ~1 ro 0
(d) Ap?licatior. number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes D N 0 ~ If yes, which slate or federal agency?
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
minimb:es adverse effects of development. See L WRP Section III - Policies; Pai:e 2 for evaluation
criteria.
DYes 0 No ~APPlicable
Attach addmonaJ sl1eetS If necessary
Policy 2. Protect and preserve historic and archaeological resources of the TOwn of Southold. See
L WRP Secdon III - Policies Pages 3 through 6 for evaluation criteria
DYes 0 No ~otAPPlicable
01'12,'2005 14:23 nx 63128~61j6
EN-CONSULT&~TS.INC,
1aJ006
M rTZHaL
A:tach additions.: sheet:; if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 throuih 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation
criteria.
DYes LJ!'fO ~ot Applicable
Attach .~~itiollAi ,heet, if necessary
Polley 8. MiniJui:l:e 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.
DYes 0 No ~otAPPlicable
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.
~YeO No:J Not Applicable
Attach addilioca.1 sheets if necessary
01/1212005 U:2J HX 6312~J61J6
WORKING COAST POLICIES
E~-CONSULTA~TS.INC.
~007
Pvi I'fl.H taL
Policy 10. Protect Suuthold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. Se~RP Section Ill- Policies; Pages 47 through 56 for evaluation criteria.
DYes [J No G2(NotApplicable
Atlflch additional shee:s ifoecessary
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 0 No 0 Not Applicable
Attach additional sbeets ifneees,ary
Policy 12. P~otect aJilriculturallands in the Town of Southold. See L WRP Section III - Policies; Pages
62 through 65 for evaluation criteria.
DYes 0 No:] Not Applicable
Attacb additional sheet' if neces:""y
Policy 13. PrOmOte appropriate use and development of energy and mineral resources. See LWRP
Section UI - Policie.; Pages 6S th~ough 68 for evaluation criteria.
DYes 0 No C Not Applicable