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HomeMy WebLinkAbout1000-117.-8-20 .. ..; WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 PLAUNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner ./ LWRP Coordinator \l'l '---' Date: July 14, 2005 Re: Request for Wetland Permit for Belvedere Property Management LLC SCTM#1 000-117-8-20 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, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP provided that the following standard best management practices are implemented. 1. The area is proposed within Cutchogue Harbor. To further the intent of LWRP Policies 5, 6, and 8 and to protect water quality and the health of marine organisms, no CCA treated wood, oil based preservatives containinq creosote (CRT) or pentachlorophenol (PCP), applied to the surface of wood materials shall be permitted in the construction materials of the bulkhead, walkwav, dock or ramp. The applicant shall use a decav resistant alternative. 2. Require the installation of a floatinq turbidity screen around the entire proiect area. The turbidity screen should remain in place a sufficient amount of time post proiect to minimize turbiditv within the water column as result of construction. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. .f . , 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 remove approximately 300' of deteriorated timber bulkhead and install "in place" approximately 300' of new vinyl flood type bulk heading, to install a 8' x 65' float dock, to remove 150-200 piles and assorted debris and to establish a 57' x 140' area of tidal wetlands Cutchogue Harbor in New Suffolk. The structures primary purpose is to provide support for vessels to access Robin's Island. The action is located within REACH 8 in the Marine II zoning district. The proposed action will improve structures in place and support safe access to Robin's Island. The proposed action does make beneficial use of a coastal location in the interest of access to Cutchogue Harbor and Robin's Island. Through the reclamation of debris in the fill of the bulkhead and creation of the salt marsh/dune ecosystem, the applicant has employed mitigative design that will minimize the adverse effects of the action on the environment and further the below policies, scenic view shed and community to the greatest extent possible. Policy 2. Protect and preserve historic and archaeological resources of the Town of South old. No known archeological sites exist within the project area. There is no opportunity to meet this policy. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. The waterfront use and the scenic qualities of the area have been identified as very important to the community. The action proposes no permanent vertical structural design above that which currently exists (pilings). Additionally, no significant intensity of use of the parcel is proposed. Consequently, impacts to the visual quality of the waterfront will be minimal to negligible as a result of the action. The proposed action will meet the following policy standards. Policv Standard 3.1 Enhance visual quality and protect scenic resources throughout the Town of Southold 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, 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 siting, scale and materials of the action are consistent with those presently in place and will not further degrade the scenic quality of the waterfront. D. Preserve existing vegetation and establish new indigenous vegetation to enhance scenic quality, and The proposed action furthers the above policy due to the proposal to create a salt marsh/dune ecosystem within the interior of the new flow through bulkhead system. E. Protect visual quality associated with agricultural land, open space and natural resources. See above comments. 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. The shorelines surrounding the action are hardened with bulkheads and concrete boat ramps. The area is also protected from wave energy via a stone jetty running north/south. If approved, the structures should be designed to tolerate storm events and minimize erosion. Policy 5. Protect and improve water quality and supply in the Town of Southold. The material used to construct the 10" piles as depicted on Sheet 4 of 6 Bulkhead Sheathinq Detail have not been identified. The material should be identified. The elimination of the use of CCA-treated materials in marine waters is strongly recommended. Wood pressure-treated with a chromated copper arsenate (CCA) is the most commonly used material for pilings for small docks. There has been extensive study of the toxicity of these compounds in the marine environment that suggests that the degree of toxicity depends on the chemical form as it reaches the target organism. The fonms will change over time and in response to sediment types, amounts of organic material present, oxygen levels and water movement (Luoma and Carter, 1991). Laboratory studies by Weis et al. (1991,1992) have shown that leachate from CCA- treated wood can be toxic to estuarine species. Leaching decreases by about 50% daily once the wood is immersed in seawater. Approximately 99% of the leaching occurs within the first 90 days (Cooper, 1990, Brooks 1990; in Sanger and Holland, 2002). If CCA is permitted, implement the following Best Management Practices recommended by National Oceanic and Atmospheric Administration's (NOAA) to minimize leaching into the water: Where CCA-treated materials are to be used. soakinq it in saline waters for 90 days prior to installation will allow leachinq to occur in a controlled settinq ,or Place a vinyl sleeve over the pilinq to prevent leachinq. To further the above policy and to reduce turbidity in the event that the proposed action is approved, the following Best Management Practice is proposed: The encirclement of the entire proiect area with a f10atinq turbidity screen to remain in place 7 days post construction of the dock. 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 construction practices of the dock have not been identified. It is recommended that the applicant outline 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. In sea grass beds, the installation of pilings may have immediate impacts as well as cause long-term changes. Installation through "jetting" 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 of regrowth. 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 of bioturbators, and leachinq 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 consistent with the following policy standards. Policv Standards 6.1 Protect and restore ecological quality throughout the Town of Southold. The proposed action proposes to create a salt marsh/dune ecosystem that will result in a net gain of marine wetlands. 6.2 Protect and restore tidal and freshwater wetlands. See 6.1 response above. 6.3 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. Throuqh the implementation of the recommended best manaqement practices (turbidity screen/curtain) no siqnificant impacts to fish or wildlife are expected. Impacts to plants communities shall be minimized to the qreatest extent possible. Policy 7. Protect and improve air quality in the Town of Southold. No significant impact to air quality will occur as a result of the proposed action. Policy 8. Minimize environmental degradation in Town of Southold 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 Southold. The bulkhead and floating dock areas will remain private. No impact to the public use of the waterfront will result from the implementation of the proposed action. Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. As described above, there is no significant change in the marine use of the property. Based upon such, the proposed action meets the following policy standards. 10.3 Allow for continuation and development of water-dependent uses within the existing concentration of maritime activity in harbors, inlets and creeks. The parcel currently serves as a private marina, the proposed action will support and further the use. " 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. The proposed action meets all of the criteria above. A. 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 proposed action is consistent with the current use and within character of the existing hamlet. No significant changes are proposed. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. The proposed action supports the following policy standards. A. Ensure that commercial and recreational uses of living marine resources in the Town of Southold are managed in a manner that: C. Foster the occurrence and abundance of the Town's through: 1. 2. marine resources protection of spawning grounds, habitats, and water quality, enhancement and restoration of fish and shellfish habitat, 11.2 Provide for commercial and recreational use of the Town of Southold's finfish, shellfish, crustaceans, and marine plants. B. 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 Southold. 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 approve the permit provided that the following best management practices are implemented and the following outstanding information is provided: A. The proposed construction methods and materials are not identified and should be outlined and identified. B. Prohibit the use of CCA treated wood, oil based preservatives containing creosote (CRT) or pentachlorophenol (PCP), applied to the surface of wood materials. The applicant shall use a decay resistant alternative. C. Require the installation of a f10atinq turbiditv screen around the entire project area. The turbidity screen should remain in place a sufficient amount of time post project to minimize turbidity within the water column as result of construction. 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. Cc: Conservation Advisory Council Heather Tetrault, Environmental Analyst , >.Town of SolIthold L WRP CONSISTENCY ASSESSMENT FORM eA. INSTRUCTIONS m1' I. All applicants for pennits* including Town of Southold agencies, shall, mplete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Con . ency Review Law. This assessment is intended to supplement other information used by a wn of Southold agency in making a determination of consistency. *Except minor exempt act' ns including Building Permits and other ministerial permits not located within the Coastal Erosio Hazard Area. 2. Before answering the questions in Section C, the preparer this form should review the exempt minor action list, policies and explanations of each policy ntained in the Town of Southold Local Waterfront Revitalization Program. A proposed acti will be evaluated as to its significant beneficial and adverse effects upon the coastal area (w . h includes all of South old Town). 3. If any question in Section C on this form is answe d "yes", then the proposed action may affect the achievement of the L WRP policy standards and onditions contained in the consistency review law. Thus, the action should be analyzed in more etail and, if necessary, modified prior to making a determination that it is consistent to the aximum extent practicable with the L WRP policy standards and conditions. If an action c ot be certified as consistent with the L WRP policy standards and conditions, it shall not be u aertaken. A copy of the LWRP is available in e following places: online at the Town of South old's website (southoldtown.northfork.net), the ard of Trustees Office, the Planning Department, all local libraries and the Town Clerk's of ceo \U.J \E~ ~-'OrY \- '\.) ~~ \. \ <".r) (}CJf' \J~ ~ \ vJ' ~"'^ ~-('I\S ,k~ +11" \ -flc ~ "VI. i d\')'~it-,\V\.- o e,,:\ \- ,,-,\I O \ ,,-V-L 6 t-V\ r k~ ~J-<; "-'~~~ '8 ~~ b Co ~ . B. DESCRIPTION OF SITE AND PR POSED ACTION ~C/)f\ - SCTM# \\+ 8 The Application has been submitted t (check appropriate response): Town Board 0 Planning Dep.. 0 Building Dept. 0 Board of Trustees 1. Category of Town ofSout old agency action (check appropriate response): (a) Action undert n directly by Town agency (e.g. capital construction, p. anning activity, agency regulation, land transaction) (b) Financial as stance (e.g. grant, loan, subsidy) .s-ee.. (c) Permit, a roval, license, certification: Nature and extent of I"V~ 1M,,, ll\A,'-<- l\.wuL}- Sh.'re \llr-<C.- I '':p . v " ',' Location ofaction:~ -:\ac.k Vln. -.S"\'r-e.eAc.. J Site acreage: ~ BIO:lD~~-Q, Present land use: VnCG~ l -:V\I~ k) ~u oJ u-fh/jL Present zoning classification: ~_hcr . 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) NameofapPlicant:---B-Q\\re6ere~~~I~t tl\GC'\~"".p",~~ LlC. (b) Mailing address:_""P..<J,- ~ 3G \ t.J 0..) J~ kJ .'{ It qS-b~()~ (c) Telephone number: Area Code ( ) (03/- -:J-3Y.--:::rOfoS (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes bfI No 0 If yes, which state or federal agency? - g uS1l0A. . 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. [;4yes 0 No 0 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 0 NO@NotAPPlicable . . . Att,j 'additi\Jnal sheets if necessary . Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South old. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria [;g Yes 0 No 0 Not Applicable 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 W Yes 0 No 0 Not Applicable ~:,.:-;~~"~~~:~ GC ~ ecl~ ~1...1r\. on...l..- w de (e,.lllre . 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 51 Yes 0 No DNotAPPlicable ~~~~l ~~~~~~~~~~,.f';b ~~~(C., Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of South old ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ~ Yes DNoD Not Applicable . 'iI Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of South old. See L WRP Section III - Policies. Pages 32 through 34 for evaluation criteria. DYes DNoB Not Applicable Attach additional sheets if necessary 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. DYes D No GQ- Not Applicable . 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 South old. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [i1 Yes 0 No 0 Not Applicable 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. ~Yes D No D Not Applicable ~~~~~~~~.~~i"~l\ ~::~ ~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. 0Yes D No D Not Applicable 1~~~erl~.~~~.' ~\-~~.:;;.~ r:,1.e ({VGly 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 D NO~NotApplicable . 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 D No u;;l Not Applicable Created on 5/25/05 11:20 AM .