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Home My WebLink About1000-71.-2-10 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 York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: FROM: DATE: RE: Mark Terry LWRP Coordinator Bob Ghosio, Jr.~ Board of Trustees June 28, 2007 LWRP ASSESSMENTS At their regular meeting on June 20, the Trustees considered the application of Theodore Bucci at 112 Windjammer Dr., Southold. This application came before the Trustees with an LWRP review assessment of "Consistent with the LWRP". In the discussions pertaining to the application, the following question came up: On the Bucci application, as a part of the standard application review, it was noted that the project was deemed consistent under the LWRP provided it met the sub-policy 11.6, which is concerned with promoting aquaculture. It should also be noted, however, that this application was for a dock in located within a creek, with the description provided including the entire dock being constructed with treated lumber, and it was located in a manner in which it would be less then 15 feet from either property line. Both the use of treated lumber and the lack of 15 feet from adjacent property lines were in violation of Town code. Wouldn't these issues normally cause the project to be "inconsistent" under LWRP policy? By and large, the issue is whether an application can be deemed both consistent and not consistent. Or, if it is not consistent in any way, can it possibly be consistent at all? How is the Planning Department and LWRP Council reconciling this issue? And, how do you recommend that the Trustees proceed when applications like this come along? Thank you for your help in this matter. Cc: John Sepenoski OVVICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY ~0 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR To: From: Date: Re: TOWN OF SOUTHOLD James King, President Town of Southold Board of Trustees Mark Terry, Principal Planner LWRP Coordinator June 14, 2007 Request for Wetland Permit for Theodore J. Bucci Jr. SCTM# 71-2-10 THEODORE J. BUCCI, JR. requests a Wetland Permit to construct a 3'X 12' hinged ramp and a 6'X 20' floating dock attached to the existing bulkhead. Located: 112 Windjammer Dr., Southold. SCTM#71-2-10 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 with the below Policy Standards and therefore is CONSISTENT with the LWRP; provided that the proposed action meets the sub-policy 11.6 outlined below. 11.6 Promote aquaculture. Aquaculture is a desired water-dependent use in Southold. Aquaculture of economically important species can not only provide additional economic opportunities, it can relieve pressure on and enhance wild stocks that may be adversely affected by pollution, loss of habitat, over-fishing, or other factors. Aquaculture is encouraged for the purpose of restoring native stock and reseeding the creeks and bays; with the primary objective of providing for local economic opportunities, both commercial and recreational in nature, but at a scale appropriate for the resource itself and the marine environment in which the operation is located. The siting of aquaculture facilities within inland portions of creeks should take into account and mitigate negative environmental impacts on the native ecology. The placement of aquaculture facilities within open waters also should be sited so that existing fishery resources are not negatively impacted. More specifically, the effect on fmfish of the loss of habitat resulting from aquaculture operations should be a major consideration in any leasing program within the Peconic Bays. A. Encourage and promote aquaculture of economically important species. Protect native stocks from potential adverse biological impacts due to aquaculture. Biological impacts to be addressed include direct displacement, competition, introduction of disease, exposure to antibiotics, animal wastes, and potential loss of genetic integrity as well as loss of habitat. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. lqoaung Upweller Nursery :~ysterr~,. Page 1 of 1 I o~ ~ For Nursery Culture of Oysters, Hard Shell Clams & Scallops Upweller System Features and Benefits: · Grow shellfish dght out of the hatchery until large enough to be field planted. · Forced upflow culture system reduces your nursery growing time by as much as two-thirds. · Take your animals fi.om spat to planting in one season! · Built as a 20' x 8' dock section, it allows for dual use in madnas or pdvate docks · Save money in labor, equipment and production · Long life construction with minimal operational costs · A sliding trolley Block and Tackle system allows for easy silo removal for cleaning · Delivered ready to use! Just drop it in the water and plug it in. · Can be customized to meet your needs, or in kit form. · Components easily available for replacement or as needed. System Specifications: · 8' x 20' pressure-treated wood dock with four doors · Eight 2' x 2' Heavy. duty Fiberglass silos and 2' x 8' trough · All stainless steel hardware · Heavy-duty 1/2 HP axial-flow pump capable of 800 GPM ltow rate through (Upweller) system · Sliding bar trolley Block and Tackle lifting system for easy silo cleaning - optional · Customized wire mesh trays available · Capacity of up to two million animals http://www.atlanticaquaculture.com/Upweller.htm 4/24/2007 ~,/2007 FLUPSY" When closed this Dual Use Dock and Upweller System, affectionately referred to in the industry as a "FLUPSY" (FLoating UPweller SYstem), looks just like a normal marina dock. Inside, though, is a machine that works constantly, day in and day out, growing your oysters from seed to 20mm in just six short weeks, This growth pattern is consistant throughout each season. System Specifications: · Docks are built to your specifications · Constructed with pressure treated lumber · 8--2'x2' Heavy-Duty Fiberglass Silos · 1--2'x8' Heavy-Duty Fiberglass Trough · All Stainless Steel Hardware · Heavy-Duty 1/2 Horsepower Axial Flow Pump capable of moving 800 gpm. · Customized Wire Mesh Trays are available · Capacity of up to 2 million animals With all the options we have to offer, your upweller will be easy to clean and maintain. Feel free to call anytime and we will be glad to discuss your options in designing a system to suit your needs, http://www.amerameshtechnologies.conff685113.html 4/24/2007 MAY. 14 2OO7 $outho~d low~ [~aard of Trustees OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NYl1971 Telephone: 631 765-1938 F~x: 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: June 14, 2007 Re: Request for Wetland Permit for Theodore J. Bucci Jr. SCTM# 71-2-10 THEODORE J. BUCCI, JR. requests a Wetland Permit to construct a 3'X 12' hinged ramp and a 6'X 20' floating dock attached to the existing bulkhead. Located: 112 Windjammer Dr., Southold. SCTM#71-2-10 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 with the below Policy Standards and therefore is CONSISTENT with the LWRP; provided that the proposed action meets the sub-policy 11.6 outlined below. 11.6 Promote aquaculture. Aquaculture is a desired water-dependent use in Southold. Aquaculture of economically important species can not only provide additional economic opportunities, it can relieve pressure on and enhance wild stocks that may be adversely affected by pollution, loss of habitat, over-fishing, or other factors. Aquaculture is encouraged for the purpose of restoring native stock and reseeding the creeks and bays; with the primary objective of providing for local economic opportunities, both commercial and recreational in nature, but at a scale appropriate for the resource itself and the marine environment in which the operation is located. The siting of aquaculture facilities within inland portions of creeks should take into account and mitigate negative environmental impacts on the native ecology. The placement of aquaculture facilities within open waters Town of Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM Ali 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: onli website (southoldtown.northfork.net), the Board of Trustees local libraries and the Town Clerk's office. SCTM# /cre~ - '"][ - Z PROJECT NAM~ B. DESCRIPTION OF SITE AND PROPOSED ACTION II- Oo~ ! The Application has been submitted to (check appropriate response): Town Board of Southold' s ' 2007 Beard of?rustees ~'~ Planning Board ~ Building Dept. [] BoardofTrustees [] (b) (c) Category of Town of S outhold agency action (chEck appropriate response): (a) Action undertaken directly by Town ag!nc:'':&~'"'~:~ r (e.~. capital' ''' .:~,2:~,:.7:::~-'7[] construction, planning activity, agency reg~ n tr sdct~h) Financial assistance (e.g. grant, loan, subsi, 0 Permit, approval, license, certification: ; ~-~ Nature and extent of action: _~ Locafionofaction: //~. L..-x'#-c(~zz~./~,," ~r'. Site acreage: Present land use: 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) Nameofapplicant: '~x~<)~/%- ~ ~/AC.~ (b) Mailing address: (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, requke fimding, or approval by a state or federal agency? Yes [-~ No [~f 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 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. ~ Y~ [] .,No [~ Not Applicable A~ach additio~heets ~cessa~ 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 F~ 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 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. 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. See LWRP Section III - 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. See LWRP Section III - 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. See 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 PREPARED BY ~.2 TITLE ~ef DATE APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics nrohibits conflicts of interest on the hart of town officers and emolovees. The numose of this form is to nrovide information which can alert the town ofnossible conflicts of interest and allow it to take whatever action is Becessary to avoid same. '(Last name, first name, ¢~ddle initial, unle}s you are applying in the name of someone else or other entity, such ~s a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Cbeck all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (lf'~Other'', name the activity0 Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest- "Business interest" means a business, including a partnership, in which the town officer or employee has even a pa~'ial ownership of (or employment by) a corporation in which the town officer or employee owns mom than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name o£ person employed by the Town of Southold Title or lx)sition of that person Describe the relationship between yourself(the applicant]agenffmpmsantative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shams of the corporate stock of the app cant (when the applicant is a corporation); B) the legal or beneficial ownqr of any interest in a non-corporate entity (when the applicant is not a corporation); __.C) an officer, director, partnei', or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this ~._day of ,;/~ ,-3 / 200 ~ Signature ~~'f ~(./~.-t_S...Z' PrintName_ "~/e~o'~ ,'7~'. .~-~ ,%, Theodore 3. Bucci 3r. 200 Harbor Lights Drive Southold, NY 11971 (631) 765-6680 SCTM 1000-71-2-10 Theodore 3. Bucci 3r. 200 Harbor Lights Drive Southold, NY 11971 (631) 765-6680 SCTM 1000-71-2-10 '-4 Floating Upweller Nursery System Page I of I For Nursery Culture of Oysters, Hard Shell Clams & Scallops Upweger System Features and Benefits: · Grow shellfish dght out of the hatchery until large enough to be field planted. Forced upflow culture system reduces your nursery growing time by as much as two-thirds. · Take your animals from spat to planting in one season! · Built as a 20' x 8' dock section, it allows for dual use in madnas or private docks · Save money in labor, equipment and production · Long life construction with minimal operational costs · A sliding trolley Block and Tackle system allows for easy silo removal for cleaning · Delivered ready to use! Just drop it in the water and plug it in. · Can be customized to meet your needs, or in kit form. · Components easily available for replacement or as needed. System Specifications: · 8' x 20' pressure*treated wood dock with four doors · Eight 2' x 2' Heavy-duty Fiberglass silos and 2' x 8' trough · All stainless steel hardware · Heavy-duty 1/2 HP axial-flow pump capable of 800 GPM flow rate through (Upweller) system · Sliding bar trolley Block and Tackle lifting system for easy silo cleaning - optional · Customized wire mesh trays available · Capacity of up to two million animals http://www'.atlanticaquaculture.com/Upweller.htm 4/24/200 Ameramesh Technologies, Inc. Fall River, Massachusetts Page 1 of 1 FLUPSY" When closed this Dual Use Dock and Upweller System, affectionately referred to in the industry as a "FLUPSY" (FLoating UPweller SYstem), looks just like a normal marina dock Inside, though, is a machine that works constantly, day in and day out, growing your oysters from seed to 20mm in just six short weeks. This growth pattern is consistant throughout each season. System Specifications: · Docks are built to your specifications · Constructed with pressure treated lumber · 8--2'x2' Heavy-Duty Fiberglass Silos · 1--2'x8' Heavy-Duty Fiberglass Trough · All Stainless Steel Hardware · Heavy-Duty 1/2 Horsepower Axial Flow Pump capable of moving 800 gpm. · Customized Wire IVlesh Trays are available · Capacity of up to 2 million animals With all the options we have to offer, your upweller will be easy to clean and maintain. Feel free to call anytime and we will be glad to discuss your options in designing a system to suit your needs. http://w~w.amerameshtecba]ologies,comJ685113.html 4/24'20,1 (d) In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA"), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Preservatives of any type, including but not limited to those listed above, cannot be applied to any jetty or groin after installation. (e) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. (f) No new jetties or groins will be permitted unless the work results in a net decrease in the total number of jetties in the subject area. (g) All applicants for jetties and groins extending across the foreshore shall be required to give and maintain a public passing way, on the upland, not less than five feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage. (2) Docks. (a) Standards for residential and commercial docks; general rules. It shall be the policy of the Town of Southold that all docks shall be designed, constructed and located so as to reduce a dock's potential adverse impacts to navigation, public safety, waterway congestion, access to public trust lands and water, and natural resources and habitats. The following standards will serve as a basis for granting, denying, or limiting permits for the construction of docks. [1] No dock shall be constructed, altered or removed without a permit issued by the Southold Town Trustees. In determining whether to approve such application, the Trustees shall consider the factors contained in § 275-11C(2)(d) below and all other provisions of this chapter. [2] All docks shall be constructed of sturdy, durable and stable materials capable of maintaining position and location, supporting pedestrian traffic, and resisting lateral loads resulting from wind, wave, and impact forces. Docks shall be constructed, where possible, to permit the free circulation of water, reduce the effects of fluctuating water levels, and prevent adverse modification of the shoreline. Applicants shall certify as to the structural integrity of the dock so as not to cause a threat to the person or property of others. [3] In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA"), commercial copper quat (CCQ), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Similarly, the use of tropical hardwoods is prohibited unless it is certified by the Forest Stewardship Council or similar organization. Materials used for structural components shall be determined at the discretion of the Trustees. [4] All docks and gangways onto such docks shall provide a safe pedestrian surface at all times. ~ . .~-,, ,~cc~,~,;',,~,~;~g :.%- ','~;~! I.;~'nimum c?.~;~,~, of 15 feet of the seaward extension of any property line from adjacen~rrL"~ls ~5 as not to interfere with the neighbor's access to waters, unless the Trustees decide otherwise for navigational or other reasons. Waterside boundaries can be identified using the