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HomeMy WebLinkAbout1000-87.-5-21.4PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON P.O. Box 1179 Southold, NY 11971 O~'ICE LOCATION: Town Hail Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Planning Board From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: December 20, 2005 Re: Proposed Conservation Subdivision of Southview Estates SCTM# 87-5-21.4, 21.7 and 21.11 Zoning District A-C 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. This proposed Conservation Subdivision will subdivide 13.35 acres into 3 lots. The proposed action is located adjacent to Corey Creek, a listed Significant Coastal Fish and Wildlife Habitat Area and Critical Environmental Area. Details regarding the habitat designation and status follow. COASTAL FISH & WILDLiFE HABITAT ASSESSMENT FORM Name of Area: Corey Creek Designated: March 15, 1987 Date Revised: May 15, 2002 County: Suffolk Town(s): Southold 7½' Quadrangle(s): Southold, NY Assessment Criteria Ecosystem Rarity (ER)--the uniqueness of the plant and animal community in the area and the physical, structural, and chemical features supporting this community. ER assessment: Small, partially developed creek/marsh/beach area; not rare in Suffolk County. Species Vulnerability (SV)--the degree of vulnerability throughout its range in New York State of a species residing in the ecosystem or utilizing the ecosystem for its survival. SV assessment: Osprey (SC), least tern (T) and piping plover (E, T-Fed) present historically, but importance of the area to these species is not adequately documented. Calculation: 36 + (25/2) + (16/4) = Human Use (HU)-- the conduct of significant, demonstrable commercial, recreational, or educational wildlife-related human uses, either consumptive or non-consumptive, in the area or directly dependent upon the area. HU assessment: Clamming is significant at the local level. Population Level (PL)--the concentration of a species in the area during its normal, recurring period of occurrence, regardless of the length of that period of occurrence. PL assessment: Concentrations of scallops significant in Suffolk County. Replaceability (R)-ability to replace the area, either on or off site, with an equivalent replacement for the same fish and wildlife and uses of those same fish and wildlife, for the same users of those fish and wildlife. NEW YORK STATESIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NARRATWE COREY CREEK LOCATION AND DESCRIPTION OF HABITAT: Corey Creek and Beach is located on the southwestern shoreline of Great Hog Neck on Little Peconic Bay, in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, NY). The fish and wildlife habitat consists of approximately 130 acres of tidal creek, salt marsh, mudflats and beach. The area around the western shoreline of Corey Creek and Moyle Cove is a developed residential area and some portions of the creek have been dredged and bulkheaded. The beach is a small sand beach and dredged material area which is somewhat degraded by human disturbance. FISH AND WILDLIFE VALUES: The small disturbed tidal creek and beach found at Corey Creek is not a rare ecosystem type but the area functions as an important habitat for a variety of fish and wildlife. Osprey (SC) historically have nested on platforms at this site. A small population of least tem (T) was present on the beach in 1984, but this species was documented only once more through 1996. Piping plover (E, T-Fed) were sporadically documented at Corey Creek beach, ranging from 0-2 pairs annually during the 1987-1996 period. Diamondback terrapin have also been seen but the importance of this area to this species is not well documented. This area may also provide important breeding habitat for horseshoe crab, but additional documentation is required. The creek serves as a feeding area for the osprey along with waterfowl, shorebirds and other wildlife. Waterfowl species observed overwintering in the Corey Creek area include Canada goose, American black duck, mallard, oldsquaw, bufflehead, red-breasted merganser, surf scoter, and common goldeneye. The creek is a productive area for marine finfish and shellfish. The area serves as a important nursery area and habitat for shellfish including bay scallops and hard clams. The creek was once one of the top three areas in Southold for scalloping, however there is no longer any scalloping in Corey Creek. It is one of the top clamming areas in the town. The creek area is also locally important for waterfowl hunting. Concentrations of Canada geese at this site currently present a nuisance and water quality problem. IMPACT ASSESSMENT: Any activity that would substantially degrade the water quality in Corey Creek would adverselv affect the biological productivity of this area. All species offish and wildlife would be affected by water pollution such as chemical contamination (including food chain effects resulting from bioaccumulation), oil spills, excessive turbidity, stormwater runoff, and waste disposal. It is essential that water quality be maintained in the area to protect the bay scallop fishery. The Town of Sonthold recommends that use of sprinklers and lawn chemicals be minimized or prohibited on creek waterfront property. Alterations of tidal patterns in Corey Creek (e.g., by modifying the inlet) would have major impacts on the fish and wildlife species present. Dredging in the creek should be scheduled from September 15 through December 15 to minimize potential impacts on aquatic organisms and to allow for dredged material disposal when wildlife populations are least sensitive to disturbance. Dredged material disposal that alters the creek inlet or tidal flow would negatively impact the habitat value of this site. Barriers to fish migration, whether physical or chemical, would have a major impact on the fisheries of Corey Creek. Restoration of fisheries habitat through removal of such barriers, or other means, should be considered for Corey Creek. Elimination of salt marsh and intertidal areas, through dredging, loss of tidal connection, excavation or filling, would result in a direct loss of habitat area. Construction of shoreline structures such as docks, piers, bulkheads or revetments, in areas not previously disturbed by development (e.g., natural beach or salt marsh) may result in a loss of productive areas which support the fish and wildlife resources of Corey Creek. Alternative strategies for the protection of shoreline property should be examined, including innovative, vegetation-based approaches. Control of invasive nuisance plant species, through a variety of means, may improve fish and wildlife species use of the area and enhance overall wetland values. Unrestricted use of motorized vessels including personal watemraft in the protected, shallow waters of bays, harbors, and tidal creeks can have adverse effects on aquatic vegetation and fish and wildlife populations. Use of motorized vessels should he controlled (e.g., no wake zones, speed zones, zones of exclusion) in and adjacent to shallow waters and vegetated wetlands. Nesting shorebirds inhabiting Corey Creek are highly vulnerable to disturbance by humans, especially during the nesting and fledging period (March 15 through August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminate the use of this site as a breeding area and should be minimized during this period. Recreational activities (e.g., boat and personal watercraft landing, off-road vehicle use, picnicking) in the vicinity of bird nesting areas should be minimized during this period. Predation of chicks and destruction of eggs or nests by unleashed pets (e.g., dogs, cats) and natural predators may also occur, and predator control should be implemented where feasible. Fencing and/or continued annual posting of shorebird nesting areas should be provided to help protect these species. Control of vegetative succession, through beneficial use of dredged material or other means may improve the availability of nesting habitat in this area. The Corey Creek site is particularly disturbed by use of off-road bikes and other vehicles; recreational vehicles should be prohibited from the area during the March 15-August 15 shorebird nesting period. The applicant proposes to mitigate all adverse impacts to the Corey Creek by creating a significant vegetated, natural buffer between Corey Creek and the structures. All proposed structures are located within Flood Zone X; a 500 yr floodplain. A Phase 1A/B Cultural Resoume Assessment has been conducted with no significant findings. To further Policy 5, and protect and improve the water quality and supply in the area, it is recommended that the following best management practices be required: 1. Require the use of gutters, leaders and subsurface drywells to retain surface runoff. 2. Require the use of native plants and encourage the use of disease-resistant and drought-tolerant plants in landscaping. 3. Prohibit the residential application and use of synthetic pesticides and fertilizers capable of entering the potable water supply. 4. Require low flow faucets and toilets as per Suffolk County Water Authority. 5. Require the use of pervious driveways to serve each lot. To further Policy 6 and 9 with respect to the high ecological value of the Corey Creek shoreline. 5. Require a covenant and restriction requiring that the common access be restricted to a mowed 3 foot wide foot path and is to remain perpetually unimproved. The installation of any permanent boardwalk, cat walk, raised walkway, dock or float is prohibited. Additionally, where fertilization is proposed the following best management practices are recommended for lawn areas: 6. Choose fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture. 7. Choose organic fertilizers, whereby all nitrogen in the mixture is non-synthetic. 8. Do not apply fertilizers and pesticides within 100 feet of surface waters and wetlands. 9. Apply products only during the growing season (typically mid-March through mid- October). To further Policy 8, it is also recommended that following solid waste management initiatives be encouraged: 10. The use of materials generated by the Town of Southold Compost Facility which contribute to the replenishment of organic matter in local soils and help reduce the reliance of fertilizers and herbicides and minimize the reduction of fertilizers and herbicides in the Town's ground and surface waters. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed action is generally consistent with the LWRP provided that the above recommendation 1 and 5 are required in any subdivision approvals. It is recommended that the applicant is advised of recommendations 6 through 10. Please contact me at (631) 765-1938 if you have any questions regarding the above.