HomeMy WebLinkAbout1000-53.-6-8PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
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:
Jim King, President
Town of Southold Board of Trustees
From: Mark Terry,
Principal Planner
LWRP Coordinator
Date: March 16, 2007
Re:
Proposed Permit to Wetland Permit for VINCENT P. BASILICE
SCTM#1000-53-6-8
VINCENT P. BASILICE requests a Wetland Permit for the in-place replacement of existing 75' bulkhead
new with vinyl-sheathed bulkhead; construct a 4'X 65' low-profile fixed walk with seasonal 4'X 20'
ramp and 6'X 20' float. Located: 3255 Bay Shore Rd., Greenport. SCTM#53-6-8.
The in-place~ replacement of the existing 75" bulkhead is an exempt minor action pursuant to ~
268-3. Definitions.
MINOR ACTIONS -- Include the following actions, which are not subject to review under this chapter:
A. Maintenance or repair involving no substantial changes in an existing structure or facility;
B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site,
including upgrading buildings to meet building or fire codes, except for structures in areas designated by
the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or
reconstructed without a permit;
The construction of a 4'X 65' Iow-profile fixed walk with seasonal 4'X 20' ramp and 6'X 20' float is
subject to review pursuant to Chapter 268 Waterfront Consistency Review.
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 th. eiaformati~n provided on the LWRP Consistency Assessment Form
submitted to this depq~tmenh as well as~the records available to met it is my recommendation that
the proposed action i~ INCONSISTENT v~ith the following LWRP Policy Standards and therefore
is inconsistent with tl~e LWRP;
Policy Standard
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 proposed action is for private use and will not support a pattern of development that enhances
community character nor preserves "public" open space. Additionally, the applicant does not
propose sufficient mitigative design and constructioo best management practices that will minimize
the adverse effects of the action on the environment, scenic view shed or the use of public
waters/lands to the greatest extent possible.
3. Enhance visual quality and protect scenic resources throughout the Town of Southold.
3.1 Enhance visual quality and protect scenic resources throughout the Town of Southold including:
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 dock structure will protrude in to Peconic Bay for a distance of 91 feet.
The length of the dock structure will be discordant with the existing natural
scenic components and character of the area.
B. Screen components of development which detract from visual quality,
Due to the location of the dock structure over open water, there is no ability
to screen the dock structure.
Using appropriate siting, scales, forms, and materials to ensure that structures are
compatible with and add interest to existing scenic components.
The proposed dock structure is located in Peconic Bay approximately 750'
south of the land area known as Pipes Cove (A New York State Significant
Fish and Wildlife Habitat Area) and 1460' north of Conklin Point (A New
York State Significant Fish and Wildlife Habitat Area). The proposed
action is located between the two areas. Direct physical adverse impacts on
the identified habitats are not expected as a result of the proposed action,
however, indirect adverse impacts may occur as a result of construction,
materials and use.
Preserve existing vegetation and establish new indigenous vegetation to enhance
scenic quality, and
Protect visual quality associated with agricultural land, open space and natural
resources.
The applicant has not demonstrated that the dock structure would not
adversely impact the scenic viewshed of the Pipes Cove area.
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. If approved, the structure will be
designed and constructed to tolerate flooding and minimize erosion.
5. Protect and improve water quality and supply in the Town of Southold.
The materials used to construct the ramp and float have not been identified and should be
identified. The applicant references "construction materials from an approved list"; what "list" the
applicant is referring to is unknown.
The use of the dock structure must be identified. The installation of the proposed dock may
promote power boat traffic and the possible following negative impacts may occur as a result of the
shallow depth of water 2.1 feet:
6.1
6.3
Impacts to submerged aquatic vegetation~
Contamination from fuel discharges (if power vessels are proposed)
Re-suspension of bottom sediments and turbidity
Protect and restore ecological quality throughout the Town of Southold.
Avoid adverse changes to the Long Island Sound and the Peconic Bay ecosystems that
would result from impairment of ecological quality as indicated by:
1. Physical loss of ecological components
The dock structure will result in the physical loss of marine habitat. Physical
impacts will include but not be limited to~ chronic shading of the substrate where
the ramp and float are located.
Protect and restore ecological quality by adhering to the following measures.
1. Maintain values associated with natural ecological communities.
Each natural ecological community has associated values which contribute to the
ecological quality of the Town of Southold. These values should be assessed on a
case-by-case basis.
2. Retain and add indigenous plants to maintain and restore values of natural
ecological communities.
a. Protect existing indigenous plants from loss or disturbance to the extent
practical.
3. Avoid fragmentation of ecological communities and maintain corridors to
facilitate the free exchange of biological resources within and among
communities.
a. Each individual resource area should be maintained as a complete
contiguous areas to protect the area's natural resource values.
Specifically, actions that would fragment the ecological community into
separate ecological islands should be avoided.
b. Where fragmentation of ecological communities has already occurred,
the adverse effects of fragmentation can be mitigated by maintaining or
providing connecting corridors to allow exchange of biological
resources.
4. Maintain ecological integrity of particular locales by maintaining structural and
functional attributes, including normal variability, to provide for self-sustaining
systems.
5. Avoid permanent adverse change to ecological processes.
The proposed action would result in a physical loss of ecological components as
indicated above.
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
Comply with Trustee regulations and recommendations as set forth in Trustee
permit conditions.
The applicant has not demonstrated that the following proposed action meets the dock
standards pursuant to § 275-11. Construction and operation standards.
9.4
(d) Review and approval of dock applications. Before issuing a permit for a dock structure,
the Trustees shall consider whether the dock will have any of the following harmful effects:
[1 ] Whether the dock will impair navigation or be located in areas of high vessel traffic or
vessel congestion;
[2] Whether the dock will unduly interfere with the public use of waterways for swimming,
boating, fishing, shellfishing, waterskiing and other water-dependant activities;
[3] Whether the dock will unduly interfere with transit by the public along the public beaches
or foreshore;
[4] Whether the dock will significantly impair the use or value of waterfront property
adjacent to or near the dock;
[5] Whether the dock will cause degradation of surface water quality and natural resources;
[6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and
wildlife habitats;
[7] Whether the dock will result in the destruction of or prevent the growth of vegetated
wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or
shellfish;
[8] Whether the dock will unduly restrict tidal flow or water circulation;
[9] Whether the dock will be safe when constructed;
[10] Whether the dock will adversely affect views, viewsheds and vistas important to the
community;
[11] Whether the cumulative impacts of a residential and commercial dock will change the
waterway or the environment and whether alternate design, construction, and location of the dock
will minimize cumulative impacts; and
[12] Whether adequate facilities are available to boat owners and/or operators for fueling,
discharge of waste and rubbish, electrical service and water service.
Assure public access to public trust lands and navigable waters.
A. Provide free and substantially unobstructed passage along public trust shorelands.
The elevation of the dock structure to grade is 5 feet. As proposed, the structure
will obstruct and impede public access to and along the shoreline.
Ensure that interference with passage along the shoreline is limited to the minimum
extent necessary to gain access from the upland to the water.
Provide access to, and reasonable recreational use of, navigable waters and public trust
lands under water.
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.
The proposed action will obstruct public use for navigation, recreation, and other
public trust purposes within the immediate vicinity of the dock structure.
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:
9.5
(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.
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.
The proposed use is private and not proposed for water dependent industry or
commerce~ commercial or public access/use. Therefore the proposed action does
not meet the above sub-policy.
Provide access and recreation that is compatible with natural resource values.
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:
1. 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 of the area.
3. Sensitivity of the natural resources involved and the extent of the ecological
benefits associated with avoidance of the area.
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.
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.
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
The applicant currently enioys access to public waters through the location of the waterfront
parcel. The applicant has not demonstrated that the proposed action meets the above listed
policies.
Correspondingly~ the LWRP does not support the construction of PRIVATE dock structures on
public lands. The LWRP recommends the use of "alternatives to long piers or docks include use of
dinghies to reach moored boats and mooring in nearbF marinas ".
The Coastal Fish & Wildlife Habitat Assessment Forms for Conklin Point and Pipes Cove and
Beach follow.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing
its written determination regarding the consistency of the proposed action.
Eric.
Cc: Kieran Corcoran, Assistant Town Attorney
COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM
Name of Area: Conkling Point
Designated: March 15, 1987
Date Revised: May 15, 2002
County: Suffolk
Town(s): Southoid
7½' Quadrangle(s): Greenport, NY; 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: Relatively small, undeveloped sand spit and marsh, rare on north fork of
Long Island.
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: Least tern (T) and piping plover (E, T-Fed) nesting. Common tern (T)
nesting has occurred, but additional documentation for this species is required.
Calculation: 36 + (25/2) =
Human Use (ITL)-- 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: No significant fish or wildlife related human uses of the area.
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: No unusual concentrations of fish and wildlife species occur in the area.
Replaceabliity (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.
R assessment: Uncertain of ability to replace.
Habitat Index -- [ER + SV + HU + PL] = 48.5 Significance = HI x R = 48.5
NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT
NARRATIVE CONKLING POINT LOCATION AND DESCRIPTION OF HABITAT:
Conkling Point is located approximately two miles southwest of the Village of Greenport, on
Shelter Island Sound, in the Town of Southold, Suffolk County (7.5' Quadrangles: Greenport,
NY; and Southold, NY). The fish and wildlife habitat is approximately 25 acres in size,
consisting ora narrow, sparsely vegetated, sand island, a small protected bay, salt marsh, and
tidal flats. Conkling Point is generally undeveloped and privately owned. However, the area is
bordered by high density residential development to the north, resulting in some recreational
disturbance of the habitat.
FISH AND WILDLIFE VALUES:
Conkling Point is a relatively small coastal wetland area, similar in nature to many other points
around the Peconic Bays shoreline, but important as a habitat for wildlife. This area has served
for many years as a nesting site for least tern (T) and piping plover (E, TFed). Approximately 1
pair of piping plover annually nested at Conkling Point during the 1987-1996 period. These
numbers have decreased slightly since the early 1980s, when around 3 pairs of plover nested at
this site annually.
The concentrations of terns nesting at Conkling Point were the second largest and largest on the
north fork of Long Island in 1983 and 1984, respectively. During these years concentrations
reached 45 and 100 nesting pairs. Least tern nested at Conkling Point consistently during the
1987-1996 period, with annual number of pairs ranging from 0-42, and the annual average at 19
pairs. The peak of 42 pairs occurred in 1988, with numbers declining to zero in 1996. This
species reappeared in abundance in 1997 (68 pairs), but did not nest in 1998.
Around 11 nesting pairs of common tem (T) were documented annually at Conkling Point during
the early 1990s, but this species has not been observed since 1993. Historically, the population
levels of least terns and piping plovers were unusual in Suffolk County. The tidal wetlands at
Conkling Point serve as feeding areas for the terns and many other wildlife species. The
recreational soft-shell clam and hard clam shellfisheries, as well as a finfishery, at this location
are of local importance.
iMPACT ASSESSMENT:
The fish and wildlife resoumes of this area could be affected by modification of public access to
and/or use of the area. Habitat modifications which substantially change the natural character of
the area, such as residential, commercial, or industrial developments would have a significant
impact on many wildlife species in the area. Undeveloped areas in and nearby Conkling Point
that are currently privately owned have been identified as acquisition priorities by the Town of
Southold. Nesting shorebirds inhabiting Conkling Point 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
~mprove the availability of nesting habitat in this area.
Unrestricted use of motorized vessels including personal watercraft 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 be controlled (e.g., no wake zones,
speed zones, zones of exclusion) in and adjacent to shallow waters and vegetated wetlands.
Loss of the salt marsh habitat, through elimination of tidal connection, ditching, excavation, or
filling, would result in a direct loss of valuable habitat and value as a food resource for many
wildlife species. Construction of shoreline structures, such as docks, piers, bulkheads, or
revetments, in areas not previously disturbed by development, may result in the loss of
productive areas which support the fish and wildlife resources of Conkling Point. Alternative
strategies for the protection of shoreline property should be examined, including innovative,
vegetation-b.ased approaches. Control of invasive nuisance plant species, through a variety of
means, may tmprove fish and wildlife species use of the area and enhance overall wetland
values.
STATE OF NEW YORK
DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231-0001
GEORGE E. PATAKI
GOVERNOR
CHRISTOPHER L. JACOBS
SECRETARY OF STATE
November 2, 2006
Ms. Mary Ann Durkin
Committee to Preserve Pipes Creek
750 Pipes Creek Road
Greenport, NY 11944
Re:
7/25/2001 Pipes Cove Nomination for designation under
SCFWH Program
Dear Ms. Durkin:
I have been asked to respond to your letter addressed to Gregory Capobianco dated October 16, 2006.
Thank you for your inquiry on the status of the designation of Pipes Cove as a Significant Coastal Fish
and Wildlife Habitat Program. The Department appreciates your continued interest and support.
Pipes Cove Creek and Moore's Drain was designated as a Significant Coastal Fish and Wildlife Habitat
by the Secretary of State on October t5, 2005. On August 31, 2006, the federal Office of Ocean and
Coastal Resources Management (OCRM) in the National Oceanic and Atmospheric Ad~ninistration of
the U.S. Department of Commerce concurred with that designation. We anticipate completing the
update process by the end of the calendar year, at which time the final habitat narratives and maps will
be distributed to each county and local government with any portion of its jurisdiction within the
boundaries of the coastal area, and to each appropriate State and Federal Agency.
A copy of the final habitat narrative and map for the Pipes Cove Creek and Moore's Drain Significant
Coastal Fish and Wildlife Habitat is attached. Thank you again for your continued interest and support.
Coastal Resources Specialist
Division of Coastal Resources
CC:
Hon. Kenneth LaValle, New York State Senator
Hon. Car! Marcellino, New York State Senator
Hon. Tom DiNapoti, New York State Assemblyman
Horn Robert Sweeney, New York State Assemblyman
Hon. Fred Thiele, Jr., New York State Assemblyman
Mr. Scott Russell, Supervisor, Town of Southold Board
enclosures
WWW DOS STAlE.NY US · E-MAfL:INFO~DOS.STA}E.NY US
COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM
Name of Area:
Counties:
Town(s):
7½' Quadrangle(s):
Designated:
Pipes Cove Creek and Moore's Drain
Suffolk
Southold
Southo]d, NY, and Greenport, NY
October 15, 2005
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: One of the largest saltwater/freshwater wetland complexes on Long Island; rare
in the coastal lowlands ecological subregion.
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. (E
= Endangered, T = Threatened, SC = Special concern)
SV assessment: Piping plover (E, T-Fed), least tern (T), and common tern (T) use the Pipes Cove
area for foraging and loafing, but extent of use not well documented.
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: Recreational clamming, kayaking, boating and fishing significant at the county
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: No unusual concentrations of any species of fish or wildlife in the area.
Replaceability (R)--ability to replace the area, either on or off site, ~vith an equivalent
replacement for the same fish and xvildlife and uses of those same fish and wildlife, for the
same users of those fish and wildlife.
R assessment: Irreplaceable.
Score
16
4
1.2
Habitat Index = [ER + SV + HU + PL] = 20
Significance = HI x R = 24
Page [ of 6
NEW YORK STATE
SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT
NARRATIVE
Pipes Cove Creek and Moore's Drain
LOCATION AND DESCRIPTION OF HABITAT:
The Pipes Cove Creek and Moores Drain habitat is located on Long Island's North Fork, between
Hashamomuck Pond and the Village of Greenport in the Town of Southold and Village of
Greenport, Suffolk County (7.5' Quadrangles: Southold, NY, and Greenport, NY). The fish and
wildlife habitat is approximately 570 acres in size, and is comprised of several habitat types,
including a portion of the shallow waters of Pipes Cove, the tidal creeks and marshes associated
with Pipes Creek and Pipes Cove Creek, the freshwater swamps of the Arshmonaque wetlands and
the Moore's Drain basin, open grasslands, and upland woods. Moore's Woods, which lies north of
State Route 25, is protected land owned by the Village of Greenport. The Arshamanaque Wetlands
between Chapel Lane and Albertson Lane is under town or county ownership, and is managed as
protected open space lands. The habitat is bounded by Middle Road on the north, Albertson Lane
and Kerwin Boulevard on the west, Pipes Cove and State Route 25 on the south, and the residential
areas of the Village of Greenport to the east. Water depths in the portion of Pipes Cove and
associated creeks within the habitat are less than three feet at mean low water. The habitat complex
is bordered by light and dense residential development, woodlands, and scattered commercial sites.
The Arshamanaque Wetlands and Moore's Woods portions of this habitat both provide habitat for
swamp cottonwood (Populus heterophylla), a species designated as rare in New York State by the
New York Natural Heritage Program.
FISH AND WILDLIFE VALUES:
The Pipes Cove Creek and Moore's Drain habitat contains one of the largest tidal/freshwater wetland
complexes on Long Island, and is unusual within the coastal lowlands subregion. This habitat area,
including its diversity of upland ecological communities, is important to fish and wildlife throughout
the year. Suitable nesting habitat for common tern (T) and least tern (T) is available on the maritime
beaches along Pipes Cove, but nesting by these species has not been well documented. However,
during a survey in 2000, six least terns (T) were observed on the beach, and two comtnon terns (T)
were seen feeding in the waters of Pipes Cove. A 1996 record shows that 60 least tern (T)
individuals were observed in the vicinity of the beach at Pipes Cove, with no nesting documented.
Pipes Cove is a valuable waterfowl wintering area (November-March) on the north shore, providing
shallow w~ter habitat for red-breasted merganser, bufflehead, and American bl~ck duck, with smaller
concentrations of greater and/or lesser scaup, American widgeon, common goldeneye, and long-
tailed duck. Waterfowl use of the bay during winter is influenced in part by the extent of ice cover
each year.
Page 2 of 6
The habitat has long been recognized as a critical environmental area. The NYS Department of
Environmental Conservation (in partnership with The Nature Conservancy) and the Town of
Southold recently acquired approximately 140 acres of tidal, brackish, and freshwater wetlands
between the Arshamanaque Wetlands and Pipes Cove. Despite the presence of mosquito ditches
and other disturbances, tidal wetlands (and the tidal creeks) within the area of acquisition are of a
high quality nature.
Pipes Cove provides important birdwatching, hiking, nature study, environmental interpretation,
kayaking, and boating opportunities for the public. Recent acquisitions of lands within the Pipes
Creek Cove and Moore's Drain habitat area may contribute to the importance of the area to
recreationists.
IMPACT ASSESSMENT:
Any activity that would substantially degrade the water quality in the Pipes Cove Creek and Moore's
Drain habitat would adversely affect the biological productivity of this area. Degradation of water
quality in the creek, or to its water sources, from chemical contamination (including food chain
effects), oil spills, excessive turbidity, and waste disposal (including vessel wastes) would adversely
affect all fish and wildlife. Efforts should be made to improve water quality, including the control
and reduction of discharges from vessels and upland sources. Vegetated upland buffer zones should
be protected or established to further reduce water quality impairment from upland sources.
Any expansion of fishing, small boat use, and educational activities should be compatible with the
preservation of natural habitats. Alteration of tidal patterns in Pipes Cove and associated tidal creeks
would have major impacts on the fish and wildlife communities present. Dredging to maintain
existing boat channels should he scheduled between September 15 and December 15 to minimize
potential impacts on aquatic organisms, and to allow for dredged material placement when wildlife
populations are least sensitive to disturbance. Unregulated dredged material placement in this area
would be detrimental, but such activities may be designed to maintain or improve the habitat for
certain species of wildlife. Existing and proposed dredging operations in this area should incorporate
the use of best management practices to avoid and reduce adverse effects.
Construction of shoreline structures, such as docks, piers, bulkheads, or revetments, in areas not
previously disturbed by development, may result in the loss of productive areas which support the
fish and wildlife resources of Pipes Cove Creek and Moore's Drain. Elimination of salt marsh and
intertidal areas, through loss of tidal connection, ditching, excavation, or filling, would result in a
direct loss of valuable habitat area. 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.
The fish and wildlife resources of the Pipes Creek Cove and Moore's Drain area could be affected
by modification of public access to and/or use of the areas. Habitat modifications which
substantially change the natural character of the area, such as residential, commercial, or industrial
developments could have a significant impact on many wildlife species in the area.
Page 3 of 6
Unrestricted use of motorized vessels including personal watercraft in the protected, shallow waters
of the cove and tidal creeks of this area could have adverse effects on aquatic vegetation and fish and
wildlife populations. Use of motorized vessels should be controlled (e.g., no-wake zones, speed
zones, zones of exclusion) in and adjacent to shallow waters and vegetated wetlands.
Thermal discharges, depending on time of year, may have variable effects on use of the area by
marine species and wintering waterfowl. Installation and operation of water intakes could have a
significant impact on juvenile (and, in stone cases, adult) fish concentrations, through impingement
or entrainment.
HABITAT IMPAIRMENT TEST:
A habitat impairment test must be applied to any activity that is subject to consistency review
under federal and State laws, or under applicable local laws contained in an approved local
waterfront revitalization program. 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.
The specific habitat impairment test is as follows.
In order to protect and preserve a significant habitat, land and water uses or
development shall not be undertaken if such actions would:
· destroy the habitat; or,
· significantly impair the viability of a habitat.
Habitat destruction is defined as the loss offish 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 increases in runoff, erosion, sedimentation, or pollutants.
Significant impairment is defined as reduction in vital resources (e.g., food, shelter, living space) or
change in environmental conditions (e.g., temperature, substrate, salinity) beyond the tolerance range
of an organism. Indicators ora significantly impaired habitat focus on ecological alterations and may
include but are not limited to reduced carrying capacity, changes in community structure (food chain
relationships, species diversity), reduced productivity and/or increased incidence of disease and
mortality.
The tolerance range of an organism is not defined as the physiological range of conditions beyond
which a species will not survive at all, but as the ecological ranee of conditions that supports the
species population or has the potential to support a resto~-ed popui'ation, where practical. Either the
loss of individuals through an increase in emigration or an increase in death rate indicates that the
tolerance range of an organism has been exceeded. An abrupt increase in death rate may occur as
Page 4 of 6
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 fi.om conditions that are optimal for
the species.
The range of parameters which should be considered in applying the habitat impairment test include
but are not limited to the following:
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;
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 patterns; and,
chemical parameters such as dissolved oxygen, carbon dioxide, acidity, dissolved solids,
nutrients, organics, salinity, and pollutants (heavy metals, toxics and hazardous materials).
Although not comprehensive, examples of generic activities and impacts which could destroy or
significantly impair the habitat are listed in the Impact Assessment section to assist in applying the
habitat impairment test to a proposed activity.
Page 5 of 6
KNOWLEDGEABLE CONTACTS:
Habitat Unit
NYS Department of State
Division of Coastal Resources
41 State Street
Albany, NY 12231
Phone: (518) 474-6000
NYSDEC--Region 1
State University of New York, Building 40
Stony Brook, NY 11790-2356
Phone: (631) 444-0354
Town of Southold
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971
Phone: (631) 765-1801
Town of Southold Trustees
Town Hall
53095 Main Road
Southold, NY 11971
Phone: (631) 765-1892
Office of Ecology
Suffolk County Dept. Of Health Services
Bureau of Environmental Management
County Center
Riverhead, NY 11901
Phone: (631) 852-2077
Bureau of Marine Resources
NYSDEC
205 N. Belle Meade Road, Suite 1
East Setauket, NY 11733
Phone: (631) 444-0430
New York Natural Heritage Program
625 Broadway, 5'h Floor
Albany, NY 12233-4757
Phone: (518) 402-8935
Paul Stoutenburgh
4015 Skunk Lane
Cutchogue, NY 11935
Phone: (631) 734-6605
Page 6 of 6
Inlet Pt
PIPES COVE CREEK AND MORRE'S
PiPe~
2
¢
8
Pipes
Cove
POND. .e.<> CONKLING POINT
/
~o
Jennlngs Pt
Shelter
Island
[\
Significant Coastal Fish and Wildlife Habitats
Conkling Point
Pipes Cove Creek and Morres Drain
Hashamomuck Pond (In pm1)
Division of
Coastal P, esources
2000 1000 0
2000feet
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
AUG 1 co 2006
1. All applicants for permits* including Town of Southold agencies, shall complete this
CCAF for proposed actions that are subject to the Town of South01d Waterfront
Consistency Review Law. This assessment is intended to supplem~]nt Other information
used by a Town of Southold agency in making a determination of~nsistency?Except
minor exempt actions including Building Permit and other ministert'hi permits not located
within the Coastal Erosion Hazard Area
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
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 acti~n~
may affect the achievement of the LWRP policy standards and conditions contained~ ;_X. Jin
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
Southold's website (southoldtown.northfork.net), 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# 53 6 8 AU6
The Application has been submitted to (check appropriate responsel: ~T ,
T
own Board Planning Dept. Building Dept. X Boar~rof~-Trusti~es
1. Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
(b) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit~ approval~ license~ certification:
2006
Nature and extent of action:
IN-PLACE REPLACEMENT OF EXISTING 75' BULKHEAD WITH VINYL-
SHEATHED BULKHEAD; CONSTRUCTION OF 4' X 65' LOW-PROFILE
FIXED WALK WITH SEASONAL 4' X 20' RAMP AND 6' X 20' FLOAT
Location of action: 3255 Bay Shore Road, Greenport
Site acreage: .26
Present land use: single family dwelling
Present zoning classification: R-40
2. If an application for the proposed action has been filed with the Town of Southold
agency, the following information shall be provided:
(a) Name of applicant: Vincent P. Basilice, M.D.
(b) Mailing address:
3400 Nesconset Hi,qhwa¥ Suite 107
East Setauket, NY 11733
(c) Telephone number: Area Code (63'1) 751-2020
(d) Application number, if
any.'_
Will the action be directly undertaken, require funding, or approval by a state or federal
agency? Yes No
If yes, which state or federal agency? NYSDEC, NYSDOS~ USACOE
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. See LWRP Section III - Policies; Page 2 for evaluation
criteria.
Yes No Not Applicable
Construction of a dock at this site is proposed in a manner consistent with the
existinq docks in the immediate area and has no impact on the "pattern of
development in the town".
Policy 2. Protect and preserve historic and archaeological resources of the Town of
Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria
Yes No Not Applicable
The proposed proiect is not located near any historic sites or districts
Policy 3. Enhance visual quality and protect scenic resources throughout the Town
of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation
criteria
Yes No Not Applicable
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and
erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria
Yes No Not Applicable
Construction of the proposed dock will be done in accordance with NYSDEC
regulations and Chapter 97 of the Town Code
Policy 5. Protect and improve water quality and supply in the Town of Southold.
See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria
Yes No Not Applicable
The subject site is developed with a sinqle family dwelling. Policy 5 has no
relevance to construction of the, proposed 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.
See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria.
Yes No Not Applicable
Construction of the proposed dock will be done in accordance with NYSDEC
re.qulations and Chapter 97 of the Town Code
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP
Section III - Policies Pages 32 through 34 for evaluation criteria.
Yes No Not Applicable
It does not appear that Policy 7 is relevant to construction of the proposed dock.
Policy 8. Minimize 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.
Yes No Not Applicable
It does not appear that Policy 8 is relevant to construction of the proposed dock
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 LWRP Section III -
Policies; Pages 38 through 46 for evaluation criteria.
Yes No Not Applicable
Construction of the proposed dock will have no impact on public access to, and
recreational use of, coastal waters, etc.
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 No Not Applicable
It does not appear that Policy 10 is relevant to construction of the proposed dock
on a pre-exislinq non- conforminq residentially developed lot
Policy 11. Promote sustainable use of living marine resources in Long Island Sound,
the Peconic Estuary and Town waters. See LWRP Section Ill - Policies; Pages 57
through 62 for evaluation criteria.
Yes No Not Applicable
The proposed activity will promote recreational use of marine resources, allow for
boat access with minimal disturbance to bay bottom
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III
- Policies; Pages 62 through 65 for evaluation criteria.
Yes No Not Applicable
It does not appear that Policy 12 is relevant to construction of the proposed dock
on a pre-existinq non- conforminq residentially developed lot
Policy 13. Promote appropriate use and development of energy and mineral
resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation
criteria.
Yes No Not Applicable
It does not appear that Policy 13 is relevant to construction of the proposed dock
on a pre-existing non-conformin.q residentially developed lot
Created on 5/25/05 11:20 AM