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HomeMy WebLinkAbout1000-31.-14-11 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 MEMORANDUM To: James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: Re: Request for Wetland Permit for HENRY H. TRAENDLY & BARBARA A. CADWALLADER SCTM# al-14-11 THIS PROPOSAL IS LOCATED ADJACENT TO ORIENT HARBOR, A NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT. THE PROPOSAL IS LOCATED IN AN AE FLOOD ZONE (ELEVATION 9). HENRY H. TRAENDLY & BARBARA A. CADWALLADER request a Wetland Permit to expand an existing beach cabana and garage and construct a single-family dwelling with decks and garage. Located: 13000 Route 25, East Marion. SCTM#..~l-14- 11 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy Standard 4.1 Minimize losses of human life and structures from flooding and erosion hazards. 5.1 The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: Minimize potential loss and &tmage by locating development and structures away from flooding and erosion hazards. 5. Manage development in floodplains outside of coastal hazard areas so as to reduce adverse environmental effects, minimize the need for future structural flood protection measures, or expansion of existing protection measures and to meet federal flood insurance program standards. Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. Restore the Town of Southold's water quality by limiting major sources of surface water quality impairment. 2. Reduce nitrogen discharges sufficient to achieve dissolved oxygen levels that would limit the occurrence ofhypoxia. C. Prevent point source discharges into Southold's coastal waters and manage or avoid land and water uses that would: 1. exceed applicable effluent limitations, or 2. cause or contribute to contravention of water quality classification and use standards, or 3. adversely affect receiving water quality, or Ensure effective treatment of sanitary sewage and industrial discharges 0': 1. maintaining efficient operation of sewage and industrial treatment facilities 2. providing, at a minimum, effective secondary treatment of sanitary sewage and where discharge to the groundwater is warranted, requiring sufficient treatment of sanitary sewage to avoid negative impacts to the sole source aquifer providing and managing on-site disposal systems: a. use on-site disposal systems only when impractical to connect with public sewer systems, b. protect surface and groundwater against contamination from pathogens and excessive nutrient loading by keeping septic effluent separated from groundwater and by providing adequate treatment of septic effluent, c. encourage the evaluation and implementation of alternative or innovative on-site sanitary waste systems to remediate on-site systems that currently do not adequately treat or separate effluent, d. encourage the use of alternative or innovative on-site sanitary waste systems where development or 5.4 redevelopment of grandfathered parcels would otherwise increase the level of negative impacts on ground or surface waters, including wetlands. Limit the potential for adverse impacts of watershed development on water quality and quantity. Protect water quality by ensuring that proposed expansion or intensification of existing watershed development results in: 1. protection of areas that provide important water quality benefits 2. maintenance of natural characteristics of drainage systems, and 3. protection of areas that are particularly susceptible to erosion and sediment loss Limit the individual impacts associated with development to prevent cumulative water quality impacts which would lead to a failure to meet water quality standards. Homes in the area are not serviced by public water. Therefore, please address the following policy standard. 5.5 Protect and conserve the quality and quantity of potable water. Prevent contamination of potable waters by limiting discharges of pollutants to maintain water quality according to water quality classification, and limiting, discouraging or prohibiting land use practices that are likely to contribute to contravention of surface and groundwater quality classifications for potable water supplies. Prevent depletion of existing potable water supplies by limiting saltwater intrusion in aquifers and estuaries, through conservation methods or restrictions on water supply use and withdrawals, and by allowing for recharge of potable aquifers. Limit cumulative impact of development on groundwater recharge areas to ensure replenishment of potable groundwater supplies. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.1 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: Degradation of ecological components Degradation occurs as an adverse change in ecological quality, either as a direct loss originating within the resource area or as an indirect loss originating from nearby activities. Degradation usually occurs over a more extended period of time than physical loss and may be indicated by increased siltation, changes in community composition, or evidence of pollution. Functional loss of ecological components Functional loss can be indicated by a decrease in abundance of fish or wildlife, often resulting from a behavioral or physiological avoidance response. Behavioral avoidance can be due to disruptive uses that do not necessarily result in physical changes, but may be related to introduction of recreational activities or predators. Timing of activities can often be critical in determining whether a functional loss is likely to occur. Functional loss can also be manifested in physical terms, such as changes in hydrology. 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. b. Include use of suitable indigenous plants in the landscaping plans for new development and in redevelopment projects where loss or disturbance of existing indigenous plants could not be prevented during construction. 3. Avoid fragmentation of ecological communities and maintain corridors to facilitate the free exchange of biological resoumes 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. Maintain ecological integrity of particular locales by maintaining structural and functional attributes, including normal var/ability, to provide for self-sustaining systems. Avoid permanent adverse change to ecological processes. Reduce adverse impacts on ecological quality due to development. 1. Reduce adverse effects of existing development. 2. Mitigate impacts of new development. 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 proposed distance to the new residence from the mean high water is 93 feet; the proposed distance from the sanitary system to the mean high water is 65 feet; a minimum setback distance of 100 feet from the wetland line is required for a residence and a sanitary leaching pool pursuant to Chapter 275-3.Findings; purpose; iurisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. Pursuant to Chapter 2681 the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. COASTAL FISH & WILDLIFE HABI I'AT ASSESSMENT FORM Name of Area: Designated: Date Revised: County: Town(s): 7V2' Quadrangle(s): Orient Harbor March 15, 1987 May 15,2002 Suffolk Southold Orient, NY-CT; Greenport, 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: Moderately shallow open water bay area; common in Peconic Bays area, but rare on Long Island. Eelgrass beds ofstatewide significance. Species Vulnerability (SV)--the degree of vulnerability throughout its range in New York State of a species residing in the ecosystem or utilizing the ecosystem for its survival. SV assessment: Osprey (SC) nesting. Atlantic ridley turtle (E), green turtle (T), loggerhead turtle (T) occur in the area. Calculation: 36 + (25/2) + (25/4) + (16/8) = 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 bay scallop shellfishery is significant in the northeast region of the United States. Population Level (PL)--the concentration of a species in the area during its normal, recurring period of occurrence, regardless of the length of that period of occurrence. PL assessment: Concentrations of bay scallops significant in the northeast region of the United States; waterfowl concentrations significant between county and regional 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. 64 56.75 25 25 1.2 Habitat Index = [ER + SV + HU + PL] = 170.75 Significance = HI x R = 204.9 Page I of 6 NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NARRATIVE ORIENT HARBOR LOCATION AND DESCRIPTION OF HABITAT: Orient Harbor is located near the eastern end of the north lbrk of Long Island, in the Town of Southold, Suffolk County (7.5' Quadrangles: Orient, NY-CT; and Greenport, NY). This area is approximately 1900 acres in size, consisting primarily of open water area in the harbor, along with an undeveloped tidal wetland area and Dam Pond area on its north shore. Water depths in most of the harbor are generally less than 20 feet below mean Iow water. The harbor is bordered by much undeveloped land, including Orient Beach State Park to the east and south, and low density residential development on the west. FISH AND WILDLIFE VALUES: Orient Harbor is generally representative of the Peconic Bays ecosystem, in being a broad expanse of moderately shallow water. This habitat type is unlike the very shallow bays on the south shore of Long Island or the relatively narrow bays on the north shore. The tidal wetlands area adjoining Orient Harbor are an important component of this ecosystem, contributing to the biological productivity of the area. The Harbor supports extensive, healthy eelgrass beds, of statewide importance. Orient Harbor is an important habitat for a variety offish and wildlife species. From November through March, Orient Harbor supports wintering waterfowl concentrations of regional significance. Mid-winter aerial surveys of waterfowl abundance for the ten year period 1975-1984 indicate average concentrations of over 500 birds in the area each year (1,825 in peak year); for the 1986-1996 period the annual average concentration of birds was almost 200 (354 in peak year). Species observed included American black duck, mallard, mute swan, merganser, scaup, goldeneye, buffiehead, oldsquaw, and Canada goose. Orient Harbor is also inhabited by several nesting pairs of osprey (SC) during the breeding season, which utilize man-made nesting plattbrms located in the salt marsh north of the harbor. The potential exists for additional nesting pairs at this site. Diamondback terrapin have been observed here but the extent to which the area is used by this species is not adequately documented. This area may also provide important breeding habitat for horseshoe crab, but additional documentation is required. Orient Harbor is a productive habitat for marine finfish and shellfish. A 1996 Peconic Estuary Program study found extensive eelgrass beds fringing Orient Harbor, supporting abundant bay scallop populations. This area is one of the top scallop producing areas on Long Island, supporting a commercial shellfishery significant in the northeast region of the United States. Between May 15 and October 31, an administrative closure for shellfishing is in effect for the area immediately north of the Orient Yacht Club. Page 2 of 6 The harbor also serves as a nursery and feeding area (from April-November, generally) lbr many estuarine fish species, and is an important spawning area for weakfish, winter flounder, and scup. Recent research has shown that this general area may be an important summer feeding and nursery area for juvenile Atlantic ridley sea turtle (E). Atlantic ridley, green (T), and loggerhead (T) turtles have all been documented in this habitat. IMPACT ASSESSMENT: Any activity that would substantially degrade water quality in Orient Harbor would affect the biological productivity of this area. All species offish and wildlife would be adversely affected by water pollution, such as chemical contamination (including food chain effects resulting from bioaccumulation), oil spills, excessive turbidity or sedimentation, stormwater or road runoff, and waste disposal (including boat wastes). It is essential that high water quality be maintained in the area to protect the bay scallop fishery. 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. 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 adult, in some cases) fish concentrations, through impingement or entrainment. Construction of shoreline structures, such as docks, piers, bulkheads, or revetments, in areas not previously disturbed by development (e.g., natural beach or salt marsh), may result in the loss of productive areas which support the fish and wildlife resources of Orient Harbor. Alternative strategies for the protection of shoreline property should be examined, including innovative, vegetation-based approaches. Control ofinvasive nuisance plant species, through a variety of means, may improve fish and wildlife species use of the area and enhance overall wetland values. Docks may be detrimental to nearshore eelgrass beds because of shading, and review of proposed new docks in Orient Harbor should be conducted with these potential impacts to eelgrass beds in mind. Restoration opportunities for eelgrass may exist in the bay if water quality parameters are appropriate, and should be explored. Page 3 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 I State University of New York, Building 40 Stony Brook, NY 11790-2356 Phone: (63 I) 444-0354 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 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 NYS Sea Grant Extension Service Comell University Laboratory 3905 Sound Avenue Riverhead, NY 11901 Phone: (631) 727-3910 Page 4 of 6 Cornell Cooperative Extension Marine Program 3690 Cedar Beach Road Southold, NY 11971 Phone: (631) 852-8660 Paul Stoutenburgh 4015 Skunk Lane Cutchogue, NY 11935 Phone:(631)734-6605 Page 5 of 6 / / ~.~[1~ ~ °~ ~"~ S IIELT.E R ISLAND EASTERN SHAI.LO¥~, S To prin! on 8 5 x 1 ] scl pnnter to Fit Io Print o~ reduce Io 64% G A R D' I N E R $ Page 6 of 6 Town of Southold LWRP cONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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~ li~ting both supporting and non- suooortin~ 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, ,th?~_Pl~J~a~t~ p~e~, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION scm# t - I'+ The ApplicaOon has been submi~ed to (check appropriate response): TownBoard ~ Plann~gBoard~ Build~gOept. Nature and extent of action: Category of Town of Southold agency action (check approp,n.'.ate response): (a) Action undertaken directly by Town agency~(~g~ capital : ~ ~-] construction, planning activity, agency regul0~, (b) Financial assistance (e.g. grant loan, subsid~t Location of action: Site acreage: · I ~o Present land use.'~'~_$'-, (O.c~ b~c~ ~ Present zoning classification: r~_ 14- 0 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: f~_o ~J."/~fl~t-~/~'~_ ~{2m~ ~.~toc:lu.mtllact~C- ! / ' (b) Mailingaddress.' .O.' c>- ts- q N).Xt. ttqq"7. (c) Telephone number: Area Code ( ) (03 ~' -1 ~ c'-~. ~ I/a ~ (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 federal agency? ix/\! ~)~-~ l 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 will 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. ~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 - Pglicies 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. Sec LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes ~-~ No [~Not Applicable -~tC~ /',,3C) ~_~-~--~g eL-'3c-- At~ach 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 - Policie~,ages 8 through 16 for evaluation criteria ~-] Yes [] No I_~ Not Applicable At~ach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LV~RP Section III - Policies Pages 16 thro~gh 21 for evaluation criteria [] Yes ~] No~ Not Applicable 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 Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~-]Yes ~ No ~ NotApplicab~j(~ ,~dJ/l'd [AZIOC~'JLL~ 0 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 WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Sec LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. No L~J Not Applicable ~ Ao/O ~'-Fq49~d"~--. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, thc Peconic Estuary and Town w/aters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~]Yes ~ NoL~I Not Applicable~1~"~* Attach additional sheets if necessary Policy 12. 62 through 65 for evaluation criteria. ~-~ Yes [--] No ~Not Applicable Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 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 ~-] NorY'/5~ Not Applicable ~ DE)~ /,3~--/-- ~__~_~+ ~OCl ~ ' I I PREPARED BY].~nco ~.~'ffO gt~k/dtq "~aJaqea/~. TITLE DAT~, { ~: )007 S.C.T.M. NO. DISIRICT: 1000 SEC"DON: 31 BLOCK: 14 LOT(S): 11 ]/ / M~N ROAD ~.o x~ :~ ~ . ~' -- ~'~ ~'2~~ ::' k :' I 2.o'. ~,: / / ' ~ / ',*' ~ / / I ~ .~ ~ / j HENRY TRAENDLY VO~ OF: SOUTHOLD ~NN~ M. WOYCHUK L.S. SUFFOLX COUNTY. NEW YORK~ U~.~ ~ Sm,~ .nd "..~