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HomeMy WebLinkAbout1000-138.-2-33 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. 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 To: James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: April 13, 2007 Re: Request for Wetland Permit for existing docking facility SCTM# 138-2-33 LEANDER B. GLOVER, ,IR. requests a Wetland Permit for the existing docking facility consisting ora 4'X 29" platform with steps leading to a 4'X 20.6' dock, 16'X 30" ramp and a 6'X 20' floating dock. Located: 6170 Skunk Lane, Cutchogue. SCTM#138-2- 33 THE ACTION IS LOCATED IN A NYSDEC CRITICAL ENVIRONMENTAl, AREA AND IN BALDWIN'S OR MUD CREEK~ A LISTED NEW YORK STATE SIGNIFICANT FISH AND WILDLIFE HABITAT (CUTCHOGUE HARBOR WETLANDS). 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 generally INCONSISTENT with the below Policy Standards and therefore is INCONSISTENT with the LWRP; The applicant HAS NOT demonstrated that the action fully meets the below policies. 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant has not demonstrated that the following dock standards pursuant to § 275-11. Construction and operation standards have been met (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, shell fishing, 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 wilt 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, sea grasses 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 commemial 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. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. · Towh of Southold INSTRUCTIONS 1. %_ All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial 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 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- supporting facts. 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# /000 - / ~ ~ - oQ,' 35 PROJECT NAME ~)¢&[~ ~ ~!~ The Application has been submitted to (check appropriate response): TownBoard ~] Planning Board ~ Building Dept. F~ BoardofTrustees 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: Nature and extent of action: Location of action: ~ t 7 0 Site acreage:~ Present land use: /(7/:/t~ ~ rS '8 t- 73 ~'6 a~ Present zoning classification: d~o 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: //,4-'~ (b) Mailing address: ?/,5 C~U VL~ ~ (c) Telephone number: Area Code ( ) 7,~'/. 2/2~// (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? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers ~vili require that the form be returned for completion. 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. A~ach 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 . /. t . '~ f 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 . , Atlach 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 No ~r-] Not Appli abm Yes Attach 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 III - 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 Southoid from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Y~es ~ 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 III - Policies; Pages 38 through 46 for evaluation criteria. [~ Yes~ No~-~ Not Applicable Attach additional sheets if necessary WOilKING 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. .~]~ Y es E Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~. es ~] ~pf~ l~ot Applicable ..... Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~.Yes ~ No: No* np,qicable - ' ,- - 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. PREPARED BY '~'O,x,gy d (/id, ~A~, TITLE DATE0~.>2'O7 N/f STOUTENOURGH 48,69' S 82'00' 10"W 25' N/F NAGEL BAR 2 rD 2007 SURVEY OF DESCRIBED PROPERTY SITUATE CUTCHOGUE, TOWN OF SOUTHOLD SUFFOLK' COUNTY, N.Y. SURVEYED FOR: VINCENZO POSILLICO MARGHERITA POSILLICO TM# 1000-138 02-033 GUARANTEED TO: VINCENZO POSILLICO MARCHERITA POSILLICO COMMONWEALTH LAND TITLE /NS, CO SURVEYED: 21 MARCH 2007 SCALE 1"- 20' AREA = 4,966 S.F. OR 0.114 ACRES SURVEYED BY STANLEY d. ISAKSEN, JR. P.O BOX 294 NEW SU/-FOLK. NY. ~CENS~ ~ supD~- ./NYS Li~ No. 4927'3 07R1569 COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Designated: Date Revised: County: Town(s): 7V2' Quadrangle(s): Cutchogue Harbor and Wetlands March 15, 1987 May 15, 2002 Suffolk Southold Sonthold, NY; Southampton, 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: Bay-wetland complex, unusual in northern Long Island, but degraded in places by marina/residential development. Calculation: 4'(16 x 9) = 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 survival. SV assessment: Least tern (T), piping plover (E, T-Fed), and osprey (SC) nesting. 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: Commercial and recreational scalloping significant to Suffolk County. Clamming significant at the town 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: Concentration of osprey is significant at the county-level. 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. 12 52.5 4 4 1.2 Habitat Index = [ER + SV + HU + PL] = 72.5 Significance = HI x R = 87.0 Page 1 of 8 NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NARRATIVE CUTCHOGUE HARBOR AND WETLANDS LOCATION AND DESCRIPTION OF HABITAT: Cutchogue Harbor and its adjacent wetlands are located west of Little Hog Neck, opening into Little Peconic Bay in the Town of Southold, Suffolk County (7.5' Quadrangles: Southold, NY and Southampton, NY). This approximate 490 acre habitat includes the shallow open water area of Cutchogue Harbor (205 acres) and three adjacent, distinct tidal wetland/creek areas: Wickham Creek, Haywater Cove, and Meadow Beach (Horseshoe Cove). The Wickham Creek area contains approximately 70 acres of undisturbed tidal creek and Salt Marsh located behind a low beach on Cutchogue Harbor. The Haywater Cove area consists of approximately 190 acres of Salt Marsh islands, mudflats, open water and tidal Creek including East Creek, Mud Creek and Broadwater Cove. All three of these tidal creeks have been disturbed to some extent by adjacent residential and recreational development. The Meadow Beach area is an approximate 25 acre area, including a 15 acre wetland preserve owned bythe Nature Conservancy, bordered by undeveloped wooded shoreline. Much of the Cutchogue Harbor and Wetlands area receives moderate summer recreational use, including recreational boating in the coves and creeks. FISH AND WILDLIFE VALUES: The Cutchogue Harbor and Wetlands complex represents a valuable ecosystem area in northern Long Island. Although the three wetland sites are relatively small, and subject to human disturbances, they provide suitable habitat for a variety of coastal wildlife species, including osprey (SC), least tern (T), piping plover (E, T-Fed) and diamondback terrapin. Osprey have nested in the area for many years using man-made nesting platforms placed at Wickham Creek and Meadow Beach. The Meadow Beach nesting site has been especially productive in past years, and has served as a source of young birds for the NYSDEC's "hacking" program in western New York. A nesting platform in Haywater Cove historically has been active and is an important potential nesting site. Meadow Beach supported a relatively small nesting colony of least tems of 20-60 pairs during 1982-1985. These numbers declined between 1986-1991 (ranging from 13-24 pairs). Least tern have nested sporadically since 1991 (1 pair in 1993; 14 pairs in 1997). Up to 4 pairs of piping plover nested at Meadow Beach and Wickham Creek during the early 1980s, but similarly, numbers of this species have declined to an annual average of I nesting pair between 1987 and 1996. The peak number of nesting piping plover pairs in the area during this period was 2, occurring in 1994. Diamondback terrapin nest in the Haywater Cove area, and up to 20 nests were reported from the Page 2 of 8 marsh areas at the mouth of Wickham Creek in 1996. This area may provide important breeding habitat for horseshoe crab, but additional documentation is required. The Cutchogue Harbor Wetlands serve as valuable feeding areas for the species noted above, as well as for herons, egrets, waterfowl, shorebirds, and a variety of other wildlife species. Bird species that are probable or confirmed inhabitants of the area include green heron, yellow-crowned night heron, Canada goose, mallard, American black duck, clapper rail, killdeer, belted kingfisher, red-winged blackbird, and sharp-tailed sparrow. Double-crested cormorant reportedly use surrounding creeks. Cutchogue Harbor and Wetlands are very productive areas for marine finfish and shellfish. The marshes, mudflats and tidal creeks contribute significantly to the biological productivity of Cutchogue Harbor and adjoining portions of the Peconic Bays. Historically, eelgrass beds were present in the southwestern portion on the harbor, supporting a large number of commercial scallop houses in New Suffolk to the west. The Cutchogue Harbor area is one of the top areas in Southold for the harvesting of scallops and clams. The level of scalloping is significant at the county level. Clamming is significant to the Town of Southold. There is also a conch fishery of local importance. An administrative closure is in effect between May 15 and October 31 for Broadwater Cove and Wickham Creek. East Creek is closed to shellfishing year round. Blue crab are harvested locally for recreational purposes. The wetlands and tidal creeks serve as nursery and feeding areas (April-November, generally) for many estuarine fish species, including scup and winter flounder. IMPACT ASSESSMENT: Any activity that would substantially degrade the water quality in Cutchogue Harbor or the adjacent wetlands and creeks, would adversely affect the biological productivity of this area. All species of fish and wildlife may 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, including boat wastes. It is essential that high water quality be maintained in the area, through control of sewage discharges fi.om recreational boats and upland sources. Alteration of tidal patterns in the Cutchogue Harbor Wetlands (e.g., by modifying the inlets) could have major impacts on the fish and wildlife species present. Dredging in Cutchogue Harbor 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 creek inlets or tidal flow would negatively impact the habitat value of this site. Such impacts are reported to exist already at a dredged material disposal site in the Meadow Beach area, where tidal flow has been altered causing erosion of the marsh and shoaling to the north. Barriers to fish migration, whether physical or chemical, into Wickham Creek or Haywater Cove would have a major impact on the fisheries. Restoration of fisheries habitat through removal of such barriers, or other means, should be considered for the Cutchogue Harbor and Wetlands area. Page 3 of 8 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 be controlled (e.g., no wake zones, speed zones, zones of exclusion) in and adjacent to shallow waters and vegetated wetlands. Elimination of salt marsh and intertidal areas, through loss of tidal connection, dredging, excavation, or filling, would result in a direct loss of valuable habitat area Dredged material disposal in this area would be detrimental, but such activities may be designed to maintain or improve the habitat for certain species of wildlife, especially nesting shorebirds. 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 the Cutchogue Harbor 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. Restoration opportunities may exist for eelgrass habitat in the western nearshore area of the harbor mouth. Eelgrass beds require high water quality for survival, and the existence of appropriate environmental conditions for eelgrass restoration should be carefully examined. Nesting shorebirds inhabiting Cutchogue Harbor and Wetlands 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. Page 4 o f 8 Significant Coastal Fish and Wildlife ttabitats ~i ~ Office of Ecology Suffolk County Dept. of Health Services Bureau of Environmental Management County Center Riverhead, NY 11901 Phone: (631) 852-2077 Seatuck Research Program Comell University Laboratory of Ornithology P.O. Box 31 Islip, NY 11751 Phone: (631) 581-6908 NYS Sea Grant Extension Service Comell University Laboratory 3905 Sound Avenue Riverhead, NY 11901 Phone: (631) 727-3910 Comell Cooperative Extension Marine Program 3690 Cedar Beach Road Southold, NY 11971 Phone: (631) 852-8660 Paul S~u~nburgh 4015 Skunk Lane Cutchogue, NY 11935 Phone:(631)734-6605 Page 6 of 8 KNOWLEDGEABLE CONTACTS: Habitat Unit NYS Department o£ 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 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 Finfish and Crustaceans NYSDEC 205 N. Belle Meade Road, Suite 1 East Setauket, NY 11733 Phone: (631) 444-0436 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 Page 5 of 8 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Mark Terry LWRP Coordinator FROM: Lauren Standish DATE: March 30, 2007 RE: LWRP Reviews Enclosed are the completed LWRP forms for hearings scheduled on April 18, 2007. Let me know if you require any further information in order for you to make your determination. Thank you.