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HomeMy WebLinkAbout1000-134.-3-5 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: April 16, 2007 Re: Request for Wetland Permit for BELVEDERE PROPERTY MANAGEMENT, LLC SCTM# 134-3-5 BELVEDERE PROPERTY MANAGEMENT, LLC requests a Wetland Permit to construct a 6'X 80' extension, with wave-breaks, onto an existing pier, to relocate three 3-pile dolphins, to relocate one ladder and to install one new ladder. Located: Robins Island, New Suffolk. SCTM# 134-3 -5 THE PROPOSED ACTION 1S LOCATED ADJACENT TO ROBIN'S ISLAND; A SIGNIFICANT FISH AND WILDLIFE HABITAT AREA (ATTACHED). 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 CONSISTENT provided that the following sub policies are met; 6. 3 Protect and restore tidal and freshwater wetlands. 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate that the following proposed action meets the dock standards pursuant to § 275-11. Construction and operation standards. (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: [l] 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, sheIlfishing, 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 commtmity; [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. Note the intent of Policy 10 is to protect existing water-dependent commercial, industrial, and recreational uses and to enhance the economic viability of water-dependent uses by ensuring adequate provision of infrastructure for water-dependent uses and their efficient operation. Due to the isolation of Robins Island~ access is achieved by vessel or aircraft. The i~land is not reachable otherwise. The inhabitants are dependent upon vessels for health~ safety and welfare and therefore the access to the island by vessel and the necessary infrastructure to support such access is essential. The use of a vessel as transportation to and from Robinn Island is a water dependent use. The term Water-dependent use means a business or other activity which can only be conducted in, on, over, or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. Existing uses should be maintained and enhanced where possible and appropriate. b. Provide and maintain efficient infrastructure for water-dependent uses. Maintain existing infrastructure and improve or provide new infrastructure, particularly in Mattituck Inlet and Creek, Mill Creek and the Village of Greenport, for commercial and recreational vessels and water-dependent uses. The Town of Southold will work with the federal government, New York State, Suffolk County, the Village of Greenport and private owners of water-dependent uses to; 3. Maintain existing, and, where necessary for water-dependent uses, construct new, shoreline stabilization and engineering structures such as piers, wharves, jetties, and bulkheads. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. CC: Kieran Corcoran, Assistant Town Attorney John Sepenoski, Chair, LWRP Coordinating Council COASTAL FISH & WILDLIFE HABI I'AT ASSESSMENT FOR~v Name of Area: Designated: Date Revised: County: Town(s): 7½' Qaadrangle(s): Robins Island March 15, 1987 Ma)' 15, 2002 Suflblk Southnld Southampton, NY Assessment Criteria Ecosystem Rarity (El>.)--the uniqueness of the plant and animal conununity in the area and the physical, strnctural, aad chemical features suppm'ting this commnnity. ER assessment: Uadeveloped marine island is rare in New York Slate. Species Vulnerability (SV)--the degree of vulnerability throughout its range in New York State ora species residing in the ecosystem or utilizing the ecosystem for its survivah SV assess~nent: Eastern omd turtle (E) fbnnd here. Osprey (SC) uesting. Pipiog plo,,er (E, T-Fed) and least tern (1') also oest periodically. Calculation: 36 ~ (36/'2) ~ (25/4) + (16/8): Human Use (HU)- the conduct of significant, demonstrable corn mercial, recreational, or educational wildlife-related human use~, either consumptive or non-consumptive, in the area or directly dependent upon the area. HU assessment: Access to this island is restricted and, therefbrc, there is no recreational or commercial fish and ~vildlife related human use. Population Level (PL)--the concentration ora species in the area during its normal, recurring period of occurrence, regardless of the length of that period of occurrence. PL assessment: The conceutration of ocsting ospreys is unusual iu the State of New York. 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. R assessment: Irreplaceable. 64 62.25 16 1.2 Habitat Index = [Ell + SV + HU + PL] -- 142.3 Significance = HI x R = 170.7 NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE FIABITAT NARRATIVF ROBINS ISLAND LOCATION AND DESCRIPTION OF tlABITAT: Robins Island is situated between Gmat and Little Pcconic Bass, I,ong lslaud. This islaud lies approximately one aud one-quarter miles southwest of Littlc ;log Neck, iu tile Toxvn of Soutbold, Suffolk County (7.5' Quadrangle: Soutbampton, NY). Robins Island is an uudeveloped marine island, approximately 450 acres in size. It includes approximately four miles of stony beach, several freshwater and tidal saltwater marshes, an island pond and bog, mature wooded areas, grassland and maritime shmblands. The island is privately owned with a protective easement on all land except pre-existing built at'cas, and one new single Ihmily house. FISH AND WILDLIFE VALUES: Undeveloped marine islands of this size are rare in New York State. Robins Island provides a secluded habitat for a variety of wildlife species, including several endangered and threatened species. The New York Natural lteritage Program has documented occurrences ora number of rare plants and ecological cmnmunities on the island, iucluding salt-marsh spikemsh, purple everlasting, seabeach kuotweed, and the coastal salt pond commuuity. Osprey (SC) nests have often beeu observed on the shores of the island with 8 active uest sites currently documented. Robins Island is the ouly area ou Long Island where osprey are known to nest on natural structures rather than man-made platlbrms. Least terns (T), roseate terns (E), and common terns (T) were reported uesting oil tile island's beaches in 1976; however, only least tern have bcen documented since then. Small numbers of least tern nested here on two occasions in the late 1980s. lu 1996, 206 pairs of this species were docmnented. Piping plover (E, T-Fed) have nested sporadically and in small numbers (I-2 pairs) since the lnid-1980s. During the 1970s and early 1980s, black-crowned night bcrous, suowy egrets, yellmv-crowned night herons, and green berons nested in an extensive heronry which is no longer present. These species still feed in and around the marshes located at tile northwestern end of Robins lslaud. Red-tailed hawks and great-homed owls may also uest on the island. Shorebirds utilize the shores and marshes as feeding grounds during migration, including black-bellied plover, ruddy tnrnstone, lesser yellowlegs, greater ycllowlegs, sanderling, aud seini-pahnated sandpiper. The Robins Island nearshore area is au important overwiutering area lbr populations of Americau black duck, and for sea ducks such as white-winged scorer, surf scoter, and black scotcr. A colony of bank swallows nest in tile saudy blufl~ Incatcd on the western shoreline of the islaud. Approximately 400 acres ofuphmd oak-hickory woods provide habitat R)r a variety of passerine birds and a populatiun of white-tailed deer. Wetlands on the island support one of the best populations of eastern mud turtle (Kinosternon szthrztbrt~m, E) in New York State. Spotted salamander are also found on Robin's lsland. The waters in the vicinity of Robins Island provide an important recreatioaal fishery and lobster harvest, as well as some scallop harvesting opportunities. However, because access is restricted, there is currently no recreational use of the island itself. IMPACT ASSESSMENT: Human disturbance of any part of Robins Island, including the beaches, marshes or woodlands would adversely affect the wildlife species which nest and feed on and around this ahnost uninhabited island. Any activity aflkcting the water quality in this area would adversely impact the bay scallop and other fisheries here. Any alteration of hydrology on the island, such as artificial openings to the bay or water diversions for construction or other activities, could negatively impact the rare coastal salt pond habitat. Elimination of open water or wetland areas, through excavation, filling, or shoreline hardening, would result in a direct loss of valuable habitat in coastal ponds and other habitats on the island. 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. Nesting shorebirds inhabiting Robins island 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. Tim feasibility of restoring historical nesting bird populations on the island, such as coinmon tern and roseate tern populations and the diverse heronry should be studied. Page 3 of 6 ROBINS ISLAND ///C0\¥ NECK~ To print on 8 5 x 11 set printel to Fit to Print or reduce by 64% Page 6 of () KNOWLEDGEABLE CONTACTS: Habitat Unit NYS Department of State Division of Coastal Resources 41 State Street Albany, NY 12231 Phone: (518) 474-6000 NYSDEC Region I State University of New York, Building 40 Stony Brook, NY 11790-2356 Phone: (631) 444-0354 Wildlife Manager NYSDEC--Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (631) 444-0310 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 Wildlife Resources Center 700 Troy-Schenectady Road Latham, NY 12110 Phone: (518) 783-3932 Town of Southold Town Hall 53095 Main Road; P.O. Box 1179 Southold, NY 11971 Phone: (631) 765-1801 Office of Ecology Suffolk County Dept. of Health Services Bureau of Environmental Management County Center Riverhead, NY 11901 Phone: (631) 852-2077 Page 4 of 6 Cornell Cooperative Extension Marine Program 3690 Cedar Beach Road Southold, NY 11971 Phone: (631) 852-8660 Mike Scheibel The Nature Conservancy Mashomack Preserve 79 South Ferry Road Shelter Island, NY 11964 Phone: (63 I) 749-1637 Norman Soule Cold Spring Harbor Fish Hatchery P.O. Box 535 Cold Spring Harbor, NY 11724 Phone: (631) 692-6768 Paul Stoutenburgh 4015 Skunk Lane Cutchogue, NY 11935 Phone: (631) 734-6605 Page 5 of 6 Town of Southold LWRP CONSISTENCY ASSESSMEN :t~;; ~'UU~ INSTRUCTIONS 1. All apphc~ for p~* mclu~g To~ of Sou~old ~c~, sh~ complete ~s C~ for pro~sed acfiom ~at m subject m ~e Town of Sou~old W&i,~fi~nt Comis~ncy Revi~. ~is ~sessmem ~ ~tended to supplement o~er m~g a demfion of co~istency. *Except mino~mpt actt~ including Building Pe~its and other ministerial permits not locat~ within the Co~tal Erosion H~ard ~rea. 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 Waterfix)nt Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in 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. DESCRIPTION OF SITE AND PROPOSED ACTION ~,~;~ 2 SCTM# 1 3 4 - 3 5 The Application has been submitted to (cbeck appropriate response): TownBoard ~-~ PlanningOept. [] BuildingOept. ~-~ Board of Trustees [] Category of Town of Southold agency action (cheek appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Co) Financial assistance (e.g. grant, loan, subsi~5-~-"~ (c) Permit, approval, license, certification: Namm and extent of action: Applicant proposes to construct a 6'x 80' extension, with wavebreaks, onto an existing pier, to relocated three 3-pile dolphins, to relocate one ladder and to install one new ladder as per enclosed plans. Locationofaction: Robins Island Site acreage: 435 Present land use: Shootin preservet residence Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name°fapplicant:~elvedOre PrOperty Management Lr'¢ ~'x [ 125'1 Avenue of the Americas, 17th '~loor I (b) Mallingaddress: \ ~w w,,-~, ~v ~nn~n_~na (c) Telephone number: Area Code (). 212- 782- 7000 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No[--] Ifyes, which state or fedeml agency? NYSDEC,USDOA & NYSDOS all approvals in hand 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 HI - Policies; Page 2 for evaluation criteria. [] Yes ['-] No ['--] Not Applicable Attach additional sheets if necessary 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 Attach additional sheets if necessary 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 Attach additional sheets if necessary 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 Attach additional sheets if necessary 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 AtIach additional sheets if necessary 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 111 - Policies; Pages 22 through 32 for evaluation criteria. ~'~ Yes [] No ~-~ Not Applicable Attach additional sheets if necessary 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 Attach additional sheets if necessary 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 evaluotion criteria. [] Yes [] No [] 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 Southold. See LWRP Section Ill - Policies; Pages 38 through 46 for evaluation criteria. [] Ye~ No [] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southoid's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. [-~ Yes ~'] No [-~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. Sec LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. Sec LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes ~ No ~ Not Applicable 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. ~ Yes ~-~ No ~ Not Applicable Created on 5/25/05 11:20 AM Applicant: Belvedere Property Management, LLC. Location: Robins Island S.C.T.M.No. 1000-134~3-5 The project consists of the applicant's proposal to construct a 6' 80' extension, with wavebreaks, onto an existing pier, to relocate three 3-pile dolphins, to relocate one ladder and to install one new ladder as per enclosed plans, As part of my review of the Town's LWRP Consistency Form Section C, I offer the following comments regarding the Local Waterfront Revitalization Policies and this proposed project: Policy 1. The project activities shall be "concentrated" on a site where similar activities (docking facility) currently exist. The project docs not involve agricultural land nor will open space be utilized or impacted. I believe that this project is consistent with this policy because the project will not result in a negative impact upon the desired development pattern of the Town of Southold nor shall it result in the loss of the community and landscape pattern of the Town of Southold. Policy 2. I believe that this project is consistent with this policy because the project shall not have any impacts upon the preservation and retention of historic resources, or any archeological resources nor the Coastal Culture of the Peconic Bays. The reason for this is that the project site has previously been "disturbed" and developed. The property itself was previously disturbed when the existing docking facility was constructed. Policy 3. I believe that this project is consistent with this policy since the project will not have an impact on any scenic resource of the Town of Southold. Policy 4. I feel that the project is consistent with this policy for a number of masons. The proposed docking facility has been designed based upon sound engineering practices and designed to the minimum scale necessary. The project shall have no adverse impacts upon adjacent properties or to natural coastal processes or natural resources. The project shall have no impact on any natural protective features nor shall it have any impacts upon public lands or lands in public trust. Lastly, the project does not involve the management of a navigational infxastmcture nor are public funds involved with the project. Policy 5. I feel that the proposed project is consistent with this policy for a number of masons. The project does not involve any direct or indirect discharges that would cause any negative impacts upon water quality standards. There shall be no increase or decrease in the pH, the dissolved oxygen or nutrients in the waterway and there should be no increase in noxious odors at the project site. There shall be no increase in negative health impacts such as pathogens, chemical contaminants or toxicity nor shall there be any negative aesthetic factors involved with the project. The project does not involve watershed development or the quantity or quality of potable water. Policy 6. I feel that the project is consistent with this policy. The project as proposed shall have no impact upon the ecological quality in the Town of Southold. There shall be no negative impacts upon the adjacent area of tidal wetlands by the destruction of habitat or significant impairment to the tolerance range of any species offish or wildlife. The project should have no impact upon any vulnerable fish, wildlife, plant species or rare ecological communities. Policy 7. I do not feel that this policy is applicable to this project since the project does not involve any atmospheric deposition of pollutants. Policy 8. i believe that the project is consistent with this policy. The project shall not involve the disposal of solid waste or debris There are no hazardous waste or toxic pollutants involved with the project. Policy 9. I do not feel that this policy is applicable to this project. The proposed project shall have no impact upon adequate physical public access to coastal resources, shall not impact any public visual access to any lands or waters, involve the public interest in and use of lands and waters held in public trust or to public access of such areas. Nor will the project have impacts upon the public's right of access along the shoreline Policy 10. I feel that the project is consistent with this policy. The project shall have no impacts upon any existing water-dependent commercial, industrial or recreational uses of the Peconic Bays. Nor is the project located on Mill Creek or within the Village of Greenport and does not involve water-dependent uses at those sites. Policy 11. I feel that the project is consistent with this policy. The project does not involve aquaculture or the removal of shellfish from uncertified waters of the Town of Southold nor shall it have a negative impact upon the long-term maintenance and health of living resources. Policy 12. I do not feel that this policy is applicable to the project because no agricultural lands are involved. Policy 13. I do not feel that this policy is applicable to the project since the project does not involve energy or mineral resources. COPT (' ~'o~./,,/$ .z'$'. So c.,?-,uo.' c~, -I ! I i I !..~. !