Loading...
HomeMy WebLinkAbout1000-86.-2-12.6 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 ~-~ a~ Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner ~'~. LWRP Coordinator Date: June 18, 2007 Re: Proposed Permit to Construct a Dock for David Edelstein SCTM#1000-86-2-12.6 DAVID EDELSTEIN requests a Wetland Permit to construct a 4'X 16' ramp, 4'X 46' catwalk, 4'X 12' access stairs and one (1) 8" dia. mooting pile. Located: 4145 Wells Rd., Peconic. SCTM#86-2-12.6 RICHMOND CREEK IS A NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION CRITICAL ENVIRONMENTAL AREAl A NEW YORK STATE SIGNIFICANT FISH AND WILDLIFE HABITAT~ AND A PECONIC ESTUARY PROGRAM CRITICAL HABITAT. EELGRASS BEDS OCCUR IN THIS CREEK. 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 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. The proposed structure is for private recreational use and will not support a pattern of development that enhances community character nor preserves "public" open space. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of $outhold. Policy Standard 3.1 Enhance visual quality and protect scenic resources throughout the Town of Southold including: Minimize the introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character, The action does not meet this policy; conversely, the applicant proposes a structure that will affect the scenic quality of the area. The applicant currently enioys access to the water. Preserve existing vegetation and establish new indigenous vegetation to enhance scenic quality, and The action will result in a loss of high quality low and high salt marsh. No restorative or mitigative plan has been submitted to minimize adverse impacts to the vegetation. Protect visual quality associated with agricultural land, open space and natural resources. The visual quality of natural resources (salt marsh) will be impaired as a result of the action. Policy 5. Protect and improve water quality and supply in the Town of $outhold. The materials used to construct include CCA treated lumber. The use and need of the dock is undefined. The installation of the proposed structures may promote power boat traffic in a shallow are 1.5 NGVD low water depth and the possible following negative impacts may occur: Impacts to submerged aquatic vegetation, Erosion on shorelines, and Re-suspension of bottom sediments and turbidity To further the above policy and to reduce turbidity in the event that the proposed action is approved, the following Best Management Practice is strongly recommended: The encirclement of the entire proiect area during construction with a silt boom or floating turbidity screen to control the dispersal of suspended solia in the water column. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. The proposed action is located within a tidal wetland. The proposed construct ion practices of the dock have not been identified. It is recommended that the applicant identify the proposed construction practices. Activities during dock construction can destroy vegetation either above or below the tide line by pulling them from the substrate or destroying their root system. The peat beds underlying salt marshes can also be compacted through the improper use of heavy equipment. In sea grass beds, the installation of pilings may have immediate impacts as well as cause long- term changes. Installation through "letting" with high-pressure hoses typically disturbs a surrounding area-- depopulating grasses there prior to construction. Once areas are depopulated, the presence of pilings may lessen chances of regrowth. Beal, Schmit, and Williams (1999) suggest that changes in sea grass communities in the vicinity of pilings may be caused by the modification of currents, sediment deposition, attraction ofbioturbators, and leaching from chemically treated wood. Both marsh grasses and sea grasses have adapted to living in extended periods of sunlight. Their photosynthetic pathways vary from many terrestrial plants allowing them to be highly productive in their natural settings. Shading can have significant impacts on the health and productivity of these plants. It is recommended that the Board minimize shading from dock structures to the greatest extent possible. Policy Standards 6.1 Protect and restore ecological quality throughout the Town of Southold. The proposed action does not propose a restoration plan of areas that may be impacted (if any) during construction. 6.2 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. 6.3 Protect and restore tidal and freshwater wetlands. The proposed action will result in a net loss of tidal wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate 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 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, sea grasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [8] whether the dock will unduly restrict tidal flow or water cimulation; [9] whether the dock will be safe when constructed; [10] whether the dock will adversely affect views, viewsheds and vistas important to the community; [ 11 ] whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. No design or construction mitigation or best management practices have been proposed to minimize adverse impacts to the greatest extent possible. Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of $outhold. 9.4 A. Assure public access to public trust lands and navigable waters. Provide free and substantially unobstructed passage along public trust shore lands. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative. c. by extent and characteristics of the developable adjacent upland area and its ability to support in-water development for the water- dependent use. c. by potential adverse effects on natural resources and their uses, and d. by potential adverse effects on public safety. Structures extending beyond the minimum necessary for access to navigable waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in the following circumstances: a. when necessary for practical and convenient operation of water- dependent industry or commerce, and provided that obstruction of commercial navigation does not result. b. for commercial recreational boating facilities provided that: (i) the loss of navigable waters and use of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does not result. c. when the principal purpose of the structure is necessary: (i) to provide public access for recreational uses (ii) for improvements for navigation (iii) for protection from coastal hazards, or (iv) for essential public transportation and transmission facilities. Ensure that navigable waters and marine navigation, whether on land or sea, are not obscured or rendered ineffective through poorly placed or directed lighting. The proposed action will remain private and will not support a pattern of development that enhances community character nor preserves "public" open space. Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. 10.4 Minimize adverse impacts of new and expanding water-dependent uses and provide for their safe operation. A. Limit the potential for adverse impacts associated with development of a new water- dependent use by promoting the location of new development at appropriate sites. Appropriate sites include: 1. sites which have been previously developed, 2. sites which require minimal physical alteration to accommodate development, 3. sites that already possess public infrastructure or locational characteristics that would support a water-dependent use. A. Avoid development of new water-dependent uses at sites that are located outside of the traditional concentrations of water-dependent uses or at sites that exhibit important natural resource values or where the proposed use will cause significant adverse affects on community character, surrounding land and water uses, or scenic quality. The proposed dock structure is not located within a concentration of water dependent uses (i.e. Town Harbor or Wharf). Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. As proposed, the action will not fully support the following policy standards. A. Ensure that commercial and recreational uses of living marine resources in the Town of Southold are managed in a manner that: 1. places primary importance on maintaining the long-term health and abundance of marine fisheries, 2. results in sustained useable abundance and diversity of the marine resource, 3. does not interfere with population and habitat maintenance and restoration efforts, 4. uses best available scientific information in managing the resources 5. minimizes waste and reduces discard mortality of marine fishery resources, 6. restricts commercial and recreational activities, including the use of certain gear types, gear sizes and practices that have negative impacts on marine habitats. Foster 1. 2. 3. the occurrence and abundance of the Town's marine resources through: protection of spawning grounds, habitats, and water quality, enhancement and restoration of fish and shellfish habitat, the prevention of over-fishing. The known adverse impacts of the construction of a dock structure in a marine habitat (Critical Environmental Area) are well documented and therefore, cannot meet or further the intent of thi~ policy. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Town of Southold ~ LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF fbr proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended m 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). lfany 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. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# /0q0 ~6 02.-- /2. 6 APF~ - 5 %'g7 The Application has been submitted to (check appropriate response): TownBoard ~-~ Planning Dept. ~ Building Dept. [] BoardofTrus~ees Nature and extent of action: Category of Town of Southold agency action (ch~?..~r,.o. priate response): (a) Action undertaken directly by Town age-~c; i;:il capital construction, planning activity, agency regu~. (b) Financial assistance (e.g. grant, loan, subsldy')~ (c) Permit, approval, license, certification: ~ I I'qOO&lNG. PlCfz Location of action: Site acreage: Present land use: o.q Present zoning classification: V~F-,gl D f~ TI//L- If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name (b) Mailing address: t~3fJO 1~1~ L t-~lg~. AVE: (c) Telephone number: Area Code (d) Application number, ifany: ,oe,~/~ ~ 7' /V~, ~'~ q 3a ~A)b) Will the action be directly undertaken, ~quire funding, or approval by a state or federal agency? Yes [~ No['--] lfyes, which state or federal agency? A/VK 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 IIl- 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 Ill - Policies Pages 3 through 6 for evaluation criteria ~-~ Yes [-~ No ~-~Not Applicable ~ EE C~q ?. ~H~'~ AUach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria [] Yes ~-~ No ~Not Applicable Attach additional sheets if neeessary NATURAL COAST POLICIES Policy 4. MinimiT~ loss of life, structures, and natural resources from flooding and erosion. See LWRP Section I11 -Polieies Pages 8 through 16 for evaluation criteria ~-~ Yes[-~ No~'-~ Not Applicable -~1~ C<I/V¥, Attach additional sheets if necessar~ Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section !!1 - Policies Pages 16 through 21 for evaluation criteria ~-~ Yes ~ No R Not Applicable %~ c.O~/}', ~S'~' Attach additional sheets if necessar). Policy 6. Protect and restate the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section Ill - Policies; Pages 22 through 32 for evaluation criteria. [] Yes []No[] Notnpplicable ~_~ff~ c--<3NT. ~}-)~J~"/- Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section I11 - Policies Pages 32 through 34 for evaluation criteria. [] Yes ~ No ~/~ot Applicable Attach additional sheets if necessary Policy 8. Mi~imiTe environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. Sec LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes [] No ~Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public innds, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~-~ Y~ No [--'~NNot 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 !11 - Policies; Pages 47 through 56 for evaluation criteria. [] Yes ~'] No ~-~ot Applicable Attach additional sheets if necessary. Poficy 11. Promote sustainable use of riving marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section II! - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No ~Not Applicable Attach additional sheets if necessa~/ Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section I!I - Policies; Pages 62 through 65 for evaluation criteria. ~-~ Yes [] No ~Not Applicable Attach additional sheets if necessau Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill - Policies; Pages 65 through 68 for evaluation criteria. ~-~ Yes ~-] No [~Not Applicable Created on 5/25/05 II:20AM Edelstein Catwalk Southold Town LWRP Consistency Assessment Form Continuation Sheet Policy 2 Preserve historic resources of the Town of Southold. There are no historical or archaeological artifacts in the vicinity of the area where construction will be undertaken. Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. The proposed ramp, catwalk and stainNay will help to minimize erosion by channeling foot traffic to the catwalk structure rather than allowing foot traffic for access to the shoreline through the existing marsh grass. If foot traffic is not channeled onto a dedicated structure a path will be worn through the existing wetlands plants resulting in a loss to this resource. Policy 5 Protect and improve water quality and supply in the Town of Southold. 5.3 Protect and enhance quality of coastal waters. The project will protect the quality of Richmond Creek waters by providing a dedicated access point to the water. A dedicated access point will eliminate haphazard landing of watercraft in the existing marsh and any destruction of the marsh that might be associated with haphazard landings. Policy 6 Protect and restore the quality and function of the Town of Southoid ecosystem. The project will protect the ecosystem by providing a dedicated travel way through the existing marsh. This will eliminate the destruction of marsh plants from foot traffic. Light duty support posts will be used in the marsh to minimize disturbance during construction and to occupy less area after completion. The top of the structure will be a minimum of 3.5-feet above the marsh to allow sunlight to penetrate under the proposed deck. Access stair will be used to reach the shoreline and the water rather than the traditional floating dock to minimize the area of mud bottom shaded and potential disturbance of the mud bottom by large boats. One pully pile will be installed to allow the mooring of a small watercraft such as a Bluejay or similar type boat. This apparatus is chosen to restrict the size and type of watercraft that can be moored. t ZOz LIBBY OOLDBTEIN 1000-86 -02-12.6 LONG 72' 27' 05' VICINI'P( MAP ~ ~-~' ,w~o~. FROM HAGS~OM SUFFOLK COUNTY AI1J~S MAP 23 GRID H 40 MONUMENT PLAN VIEW SCALE 1"=50' WATER DEPTH FEE-]' DATUM APPARENT LOW WATER 0.0 ALW, AHW & MARSH MAPPED BY D. CORWlN MARCH 29, 2003 ,, / 8 DIA. PULLY PILE CATWALK & MOORING PILE RICHMOND CREEK WELLS ROAD, PECONIC SUFFOLK COUNlh', NY APPLICANT: DAVID EDELSTEIN & LIBBY GOLDSTEIN DRAWN BY: D. CORWIN SHEET 1 OR 2 DATE: MARCH 31, 200,:3 REV1SED SEPTEMBER 21, 2003 PURPOSE: WATER ACCESS & SMALL BOAT MOORING NOTES: STRINGERS 4"x6" CCA TIMBER DECK 2'x 10" FIR ELEVATE CATWALK 5.5' ABOVE MARSH NO HEAVY EQUIPMENT ON MARSH ALL HOLES & MOUNDS TO BE LEVELED RAMP CATWALK I ,31' ' I ' 17' I HIGH MAR~H INT~]~q]OAL MAR~H · ,i .i.i. i.id i,1,I I',,x.,I I I I I I I I m"l I'1. ~4"x4"x12' CCA POST 6' O.C. IYPICAL 40' STNRS //-'~ PULLY PILE 8"x 22' AHW 2.5 ALW 0.0 PROFILE SCALE 1"=20' ~4"x4" CCA POST 2"x 6" CCA CROSS PIECE 8' PENETRATION CROSS SECTION SCALE 1"=5' CATWALK & MOORING PILE RICHMOND CREEK WELLS ROAD, PECONIC SUFFOLK COUNTY, NY APPLICANT: DAVID EDELSTEIN & LIBBY GOLDSTEIN DRAWN BY: D. CORWlN SHEET 2 OR 2 DATE: MARCH 51, 2003 REVISED SEPTEMBER 21, 2003