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HomeMy WebLinkAbout1000-58.-1-3PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L, EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (eot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner ~ LWRP Coordinator Date: January 22, 2007 Re: Proposed Wetland P~t for Blo~w ouse SCTM# 10004 3 1 5~..~',5~- I ~ ~..~ Suffolk .X.~.'~. ~ Environmental Consulting, Inc. off behalf of PAOLO & JEAN BLOWER requests a Wetland Permit to construct an elevated timber catwalk 4'X 205' situated within the central portion of the subject property, as well as pathways 4' wide max., connecting said catwalk from both the existing dwelling and the top of the bluff. Located: 5865 Soundview Ave., Southold. SCTM#58-1-3 The proposed action has been reviewed to Chapter 268, 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 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. Note the catwalk is not a permitted over a vegetated wetland pursuant to 275-11. Construction and operation standards; see response to Sub-policy 6.3 below. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. I THE PROPOSED ACTION IS LOCATED WITHIN A MARITIME INTERDUNAL SWALE A LOCAL, STATE AND GLOBALLY RARE ECOLOGICAL COMMUNITY. THE AREA IS ALSO A NEW YORK STATE LISTED SIGNIFICANT FISH AND WILDLIFE HABITAT AREA. THE WETLAND TRANVERSES FIVE PROPERTIES OF VARYING SIZES~ THERE ARE NO OTHER CATWALKS LOCATED WITHIN THE FRESHWATER WETLAND! ACCESS IS GAINED TO THE LONG ISLAND SOUND VIA FOOT PATHS. THE APPLICANT CURRENLTY ENJOYS ACCESS TO THE LONG ISLAND SOUND. AERIAL PHOTOS AND SITE INSPECTION INDICATE THAT THE APPLICANT HAS ESTABLISHED ACCESS TO THE SOUND VIA A PRONOUNCED FOOT PATH. THE FOOT PATH MEANDERS THROUGH THE FRESHWATER WETLAND AND DUNE COMMUNITIES (See Figure 2). THE PROPOSED ACTION IS LOCATED WITHIN A MARITIME INTERDUNAL SWALE A LOCAL, STATE AND GLOBALLY RARE ECOLOGICAL COMMUNITY. THE AREA IS ALSO A NEW YORK STATE LISTED SIGNIFICANT FISH AND W]LDLIFE HABITAT AREA. THE WETLAND TRANVERSES FIVE PROPERTIES OF VARYING SIZES; THERE ARE NO OTHER CATWALKS LOCATED WITHIN THE FRESHYVATER WETLAND! ACCESS IS GAINED TO THE LONG ISLAND SOUND VIA FOOT PATHS. 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. Protect Significant Coastal Fish and Wildlife Habitat values from uses or activities that would: 1. Destroy habitat values associated with the designated habitat through: a. direct physical alteration, disturbance, or pollution, or b. indirect effects of actions, which would result in a loss of habitat. 2. Significantly impair the viability of the designated habitat beyond the tolerance range of important fish or wildlife species which rely on the habitat values found within the designated area through: a. degradation of existing habitat elements, b. change in environmental conditions, c. functional loss of habitat values, or d. adverse alteration of physical, biological, or chemical characteristics. The habitat impairment test presented in this section must be met for any activity that is subject to consistency review under federal and state laws. If the proposed action is subject to consistency review, then the habitat protection policy applies, whether the proposed action is to occur within or outside the designated area. Definitions Habitat destruction is defined as the loss of fish or wildlife use through direct physical alteration, disturbance, or pollution of a designated area or through the indirect effects of these actions on a designated area. Habitat destruction may be indicated by changes in vegetation, substrate, or hydrology, or by increases in runoff, erosion, sedimentation or pollutants. Significant impairment is defined as reduction in vital resoumes (e.g., food, shelter, living space) or change in environmental conditions (e.g., temperature, substrate, salinity) beyond the tolerance range of important species of fish or wildlife that rely on the habitat values found within the designated area. Indicators of a significantly impaired habitat focus on ecological alterations and may include, but are not limited to, reduced carrying capacity, changes in community structure (e.g. food chain relationships, species diversity, etc), reduced productivity and/or increased incidence of disease and mortality. The tolerance range of a species of fish or wildlife has been defined as the physiological range of conditions beyond which a species will not survive at all. In this document, the term is used to describe the ecological range of conditions that supports the specie's population or has the potential to support a restored population, where practical. Two indicators that the tolerance range of a species has been exceeded are the loss of individuals through an increase in emigration and an increase in death rate. An abrupt increase in death rate may occur as an environmental factor falls beyond a tolerance limit (a range has both upper and lower limits). Many environmental factors, however, do not have a sharply defined tolerance limit, but produce increasing emigration or death rates with increasing departure from conditions that are optimal for the species. The range of parameters that should be considered in applying the habitat impairment test include, but are not limited to, the following: 1. physical parameters, such as living space, circulation, flushing rates, tidal amplitude, turbidity, water temperature, depth (including loss of littoral zone), morphology, substrate type, vegetation, structure, erosion and sedimentation rates 2. biological parameters, such as community structure, food chain relationships, species diversity, predator/prey relationships, population size, mortality rates, reproductive rates, meristic features, behavioral patterns and migratory pattems, and chemical parameters, such as dissolved oxygen, carbon dioxide, acidity, dissolved solids, nutrients, organics, salinity, and pollutants (heavy metals, toxics and hazardous materials) The proposed action will result in a significant impairment and physical loss of rare habitat. Where the catwalk is placed in the freshwater wetland~ vegetative and benthic species loss will occur. The introduction of TREATED TIMBER construction materials would result in the leaching of hazardous materials and chemicals known to be toxic to freshwater organisms. Where destruction or significant impairment of habitat values cannot be avoided, minimize potential impacts of land use or development through appropriate mitigation. Use mitigation measures that are likely to result in the least environmentally damaging feasible alternative. Mitigation includes: 1. Avoidance of potential adverse impacts, including: a. avoiding ecologically sensitive areas, b. scheduling activities to avoid vulnerable periods in life cycles or the creation of unfavorable environmental conditions, c. preventing fragmentation of intact habitat areas. The proposed action will result in the fragmentation of a New York State Significant Fish and Wildlife Habitat AreaI setting a precedent that would result in the continued physical loss of a globally rare ecological complex. Minimization of unavoidable potential adverse impacts, including: a. reducing scale or intensity of use or development, b. designing projects to result in the least amount of potential adverse impact, 6.3 c. choosing alternative actions or methods that would lessen potential impact. Specific measures designed to protect habitat values from impacts that cannot be sufficiently avoided or minimized to prevent habitat destruction or significant habitat impairment, and Specific protective measures included in the narratives for each designated Significant Coastal Fish and Wildlife Habitat area. The ability to mitigate the proposed action is limited. The existing foot path allows access to the Long Island Sound. The impacts of the footpath are temporary and seasonal. Excluding the leaching of chemicals into the ecosystem from treated wood~ with lessens over time; the physical impacts of a catwalk structure are permanent. Due to the sensitivity and ecological significance of the wetland~ "no-action" is thc best mitigation alternative. Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the SouthoM Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Chapter 275 defines a dock as: DOCK -- Any permanent or seasonal structure, except a building, located or proposed to be located on lands abutting or comprised of freshwater or tidal wetlands or connected to a bulkhead or the upland and extending over the water's surface, designed to secure vessels and provide access from the shore to a body of water. For the purpose of this chapter, this term shall also include the associated structures necessary to cross wetlands and adjacent natural areas. The term "dock" includes the terms "wharves," "piers," "fixed docks," "floating docks," "floats" or "catwalks." Note the catwalk is not a permitted over a vegetated wetland pursuant to 275-11. Construction and operation standards. [3] Prohibited locations and activities. Ia] Given the unique and sensitive natural environmental characteristics described in the Town of Sonthold Local Waterfront Revitalization Plan and the New York State Department of State Significant Habitat descriptions, no new docks will be permitted, over vegetated wetlands or such that it causes habitat fragmentation of vegetated wetlands, in Downs Creek, Hallocks Bay. Hashamomuck Creek and Pond and West Creek. CC: Kieran Corcoran, Assistant Town Attorney John Sepenoski, Chair, LWRP Coordinating Council Figure 1. Blower parcel. Figure 2. Blower parcel showing foot path (south of black arrows). Note the footpath to the south.