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HomeMy WebLinkAbout1000-117.-10-15 WILLIAM J. CREMERS KENNETH L. EDWARDS MARTiN H. SIDOR GEORGE D. SOLOMON MAIUNG 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 SOUTHOLD To: Town of South old Board of Trustees ~ From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: August 19,2005 Re: Proposed Permit for Patricia Gilchrist Mancino SCTM#1000-117-10-15 This proposal is remove and replace (in-place) a +/-91' section of existing timber bulkhead with vinyl bulkheading; construct a 12' westerly return; and backfill with approx. 25 cy. clean sand to be trucked in from an upland source. Remove and replace (in-place) an existing 32' low-profile timber groin with a 32' low-profile vinyl groin; remove and replace (in-place) an existing 53' low-profile timber groin with a 47' low- profile vinyl groin, and construct 3'X 4.5' timber steps to beach. Located: 15 Fourth St., New Suffolk.. 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 generally CONSISTENT with the following Policy Standards and therefore is CONSISTENT with the L WRP provided that the Board require any necessary amendments to the application and implement appropriate best management practices to further the below listed Policy Standards. Recommended Best Management Practices include: 1. To further the intent of L WRP Policies 5, 6, and 8; protect water quality and the health of the users of the structure; require that no CCA treated wood. oil based preservatives containinl! creosote (CRT) or pentachlorophenol (PCP), applied to the surface of wood materials shall be permitted in the construction materials of the structure. The applicant shall use a decay resistant alternative. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 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 minimizes adverse effects of development. The policy is intended to foster a development pattern that provides for beneficial use of the environmental, historical, and cultural coastal resources of the Town of Southold while maintaining and building on its traditional economic base. The primary components of the desired development pattern are... encouraging water-dependent uses to concentrate in existing locations of maritime activity, enhancing stable residential areas, and preserving... open space and environmentally sensitive coastal resources. Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of South old. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Policv Standards 3.1 Enhance visual quality and protect scenic resources throughout the Town of South old. A. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character. D. Use appropriate siting, scales, forms, and materials to ensure that structures are compatible with and add interest to existing scenic components. H Protect the visual interest provided by active water-dependent uses. I. Anticipate and prevent impairment of dynamic landscape elements that contribute to ephemeral visual qualities. 1. Protect visual quality associated with public lands, including public transportation routes, public parks and public trust lands and waters. 1. Limit water surface coverage or intrusion to the minimum 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. 1. Maintain or restore original landforms except where altered landforms provide useful screening or contribute to scenic quality. 3. Avoid structures or activities which introduce visual interruptions to natural landscapes 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 NATURAL COAST POLICIES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. 4.2 Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. B. Maximize the protective capabilities of natural protective features by: I. avoiding alteration or interference with shorelines in a natural condition c. Minimize interference with natural coastal processes by: 1. providing for natural supply and movement of unconsolidated materials and for water and wind transport 2. limiting intrusion of structures into coastal waters Policy 5 Protect and improve water quality and supply in the Town of Southold. Policv Standards 5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. B. Prevent point source discharges into Southo/d's coastal waters and manage or avoid land and water uses that would: 2. cause or contribute to contravention of water quality classification and use standards, or 3. adversely affect receiving water quality, or 5.3 Protect and enhance quality of coastal waters. A. Protect water quality based on an evaluation of physical factors (pH, dissolved oxygen, dissolved solids, nutrients, odor, color and turbidity), health factors (pathogens, chemical contaminants, and toxicity), and aesthetic factors (oils, floatables, refuse, and suspended solids). c. Protect water quality of coastal waters from adverse impacts associated with excavation, fill, dredging, and disposal of dredged material. Policy 6 Protect and restore the quality and function of the Town of South old ecosystem. Policy Standards 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: 2. Degradation of ecological components Degradation occurs as an adverse change in ecological quality, either as a direct loss originating within the resource area or as an indirect loss originating from nearby activities. Degradation usually occurs over a more extended period of time than physical loss and may be indicated by increased siltation, changes in community composition, or evidence of pollution. 3. Functional loss of ecological components Functional loss can be indicated by a decrease in abundance of fish or wildlife, often resulting from a behavioral or physiological avoidance response. Behavioral avoidance can be due to disruptive uses that do not necessarily result in physical changes, but may be related to introduction of recreational activities or predators. Timing of activities can often be critical in determining whether a functional loss is likely to occur. Functional loss can also be manifested in physical terms, such as changes in hydrology. . C. Reduce adverse impacts on ecological quality due to development. 1. Reduce adverse effects of existing development. 2. Mitigate impacts of new development. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction I. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. B. Comply with statutory and regulatory requirements of the State's wetland laws. I. Comply with regulatory requirements of the Stream Protection Act for the excavation or placement of fill in all wetlands that are adjacent to and contiguous at any point to any of the navigable waters of the state, and that are inundated at mean high water level or tide. 3. Comply with the regulatory requirements of the Tidal Wetlands Act for the protection of mapped tidal wetlands including coastal fresh marsh; intertidal marsh; coastal shoals, bars and flats; high marsh or salt meadow; littoral zones; and formerly connected tidal wetlands. 6.4 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. A. Protect vulnerable fish and wildlife species. I. Vulnerable fish and wildlife species are those listed in regulation 6 NYCRR Part 182.5 as Endangered Species, Threatened Species, and Special Concern Species. 2. Review existing species records and field survey proposed development sites, at the appropriate times, for the presence of listed species or conditions that meet their habitat requirements. 3. Protect habitat of listed species identified through field surveys or other methods during all stages of their life cycles. B. Protect vulnerable plant species. 1. Vulnerable species are those listed in regulation 6 NYCRR Part 193.3 as Endangered Species, Threatened Species, Exploitable Vulnerable Species, and Rare Species. 2. Review existing species records and field survey proposed development sites, at the appropriate times, for the presence of listed species or conditions that meet their habitat requirements. 3. Protect habitat identified by the occurrence of a listed species during all stages of their life cycles. C. Protect rare ecological communities. I. Rare ecological communities to be protected include: a. communities that qualify for a Heritage State Rank ofSl or S2; and b. communities that qualify for both a Heritage State Rank of S3, S4 or S5; and an Element Occurrence Rank of A. (See The Natural Coast for an explanation of Heritage State Ranks). 2. Review existing ecological community records and field survey sites potentially affected by proposed development for the presence ofrare ecological communities. 3. Protect rare ecological communities. Use appropriate design and development of land and water uses that will integrate or be compatible with the identified ecological community. 4. Use the most up-to-date information available on the structure and the function of rare ecological communities as a factor in determining open space requirements of a project. Policy 8 Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. 8.3 Protect the environment from degradation due to toxic pollutants and substances hazardous to the environment and public health. A. Prevent release of toxic pollutants or substances hazardous to the environment that would have a deleterious effect on fish and wildlife resources. B. Prevent environmental degradation due to persistent toxic pollutants by: 1. limiting discharge ofbio-accumulative substances, 2. avoiding re-suspension of toxic pollutants and hazardous substances and wastes, and avoiding reentry of bio-accumulative substances into the food chain from existing sources. . 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. Policv Standards 9.2 Protect and provide public visual access to coastal lands and waters from public sites and transportation routes where physically practical. A. A void loss of existing visual access. I. Limit physical blockage of existing visual access by development or activities due to the scale, design, location, or type structures. 2. Protect view corridors provided by streets and other public areas leading to the coast. 3. Protect visual access to open space areas associated with natural resources. B. Minimize adverse impact on visual access. I. Provide for view corridors to the coast in those locations where new structures would block views of the coast from inland public vantage points. 2. Use structural design and building siting techniques to preserve or retain visual access and minimize obstruction of views. C. Mitigate for loss of visual access. 1. Provide public visual access from vantage points on the site where development of the site blocks visual access from inland public vantage points. 2. Provide for additional and comparable visual access at nearby locations if physical access cannot be provided on-site. E. Protect visual access to the natural shoreline from the water. 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of South old. A. Limit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water. Use the following factors in assessing potential adverse impact: I. environmental impact, 2. values for natural resource management, public recreation, and commerce, 3. size, character, and effect of the transfer in relation to neighboring uses, 4. potential for interference with navigation, public uses of waterway, and riparian rights, 5. effect of the transfer of interest on the natural resources associated with the lands, 6. water-dependent nature of use, 7. adverse economic impact on existing commercial enterprises, 8. consistency with the public interest for purposes of navigation and commerce, fishing, bathing, and access to navigable waters and the need of the owners of private property to safeguard development. E. Private uses, structures, or facilities on underwater lands are limited to those circumstances where ownership of the underwater lands or riparian interest has been legally validated either through proof of ownership of the underwater lands or adjacent riparian parcel, or by assignment of riparian interest by the riparian owner. 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. I. 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. 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 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. 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. 5. Ensure that navigable waters and marine navigation, whether on land or sea, are not obscured or rendered ineffective through poorly placed or directed lighting. 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: I. intensity of the associated recreational, scientific, or educational activity, 2. level of likely disturbance associated with the proposed activity. 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 ofthe area. 3. Sensitivity 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. 1. 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: 1. 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. WORKING COAST POLICIES Policy 10 Protect Southold's water-depeudent uses and promote siting of new water-dependent uses in suitable locations. 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. 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 Creek/Budds 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. 10.5 Provide sufficient infrastructure for water-dependent uses. A. Provide adequate navigation infrastructure. 1. Protect and maintain existing public and private navigation lanes and channels which provide access to the Town's water-dependent uses. 2. Maintain necessary public and private channels and basins at depths consistent with the needs of water-dependent uses. Discontinue or modify navigation channel or basin maintenance dredging where project depths exceed vessel needs 3. Limit in-water and overhead obstructions that impede commercial, industrial, and recreational navigation. 7. Give priority to commercial or industrial navigation in determining rights to navigable waters where commercial or industrial navigation activity exists. 8. Provide for services and facilities to facilitate commercial, industrial, and recreational navigation. Policy 11 Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. Policv Standards 11.1 Ensure the long-term maintenance and health of living marine resources. A. Ensure that commercial and recreational uses of living marine resources in the Town of Southold are managed in a manner that: 1. places primary importance on maintaining the long-term health and abundance of marine fisheries, 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, 11.2 Provide for commercial and recreational use of the Town of Southold's finfish, shellfish, crustaceans, and marine plants. C. Protect the public health and the marketability of marine and fishery resources by: 4. maintaining and improving water quality of fishery and marketable marine resources to protect public health.