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HomeMy WebLinkAbout1000-92.-1-8 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: Junel8, 2007 Re~ Request for Wetland Permit for existing docking facility SCTM# 92-1-8 VINCENT & EILEEN FLAHERTY requests a Wetland Permit to remove and replace inlike/inplace existing 42' of bulkhead, 6'X 11' ramp, 12'X 14' fixed dock, 32"X 8' seasonal aluminum ramp and 6'X 20' seasonal floating dock. Located: 177 Inlet Way, Southold. SCTM#92-1-8 THE ACTION IS LOCATED IN A NYSDEC CRITICAL ENVIRONMENTAL AREA. IN ADDITION, THE ACTION IS LOCATED IN CEDAR BEACH CREEK, A LISTED NEW YORK STATE SIGNIFICANT FISH AND WILDLIFE HABITAT (SEE ATTACHED). The in/like replacement of and/or removal and disposal of existing timber bulkhead is an exempt Minor Action and not subject to LWRP review pursuant to Chapter 268-3; Items A and B of the Town of Southold Town Code which states: "Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit". The proposed ramp, dock, and float have 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 ItAS NOT demonstrated that the action fully meets the below policies. Policy 5. Protect and improve water quality and supply in the Town of $outhoid. The materials proposed to construct the dock include the use of CCA treated lumber. The elimination of the use of CCA-treated materials in marine waters is strongly recommended. Wood pressure-treated with a chromated copper arsenate (CCA) is the most commonly used material for pilings for small docks. There has been extensive study of the toxicity of these compounds in the marine environment that suggests that the degree of toxicity depends on the chemical form as it reaches the target organism. The forms will change over time and in response to sediment types, amounts of organic material present, oxygen levels and water movement (Luoma and Carter, 1991). Laboratory studies by Weis et al. (1991, 1992) have shown that leachate from CCA - treated wood can be toxic to estuarine species. Leaching decreases by about 50% daily once the wood is immersed in seawater. Approximately 99% of the leaching occurs within the first 90 days (Cooper, 1990, Brooks 1990; in Sanger and Holland, 2002). If CCA is permitted, please implement the following Best Management Practices recommended by National Oceanic and Atmospheric Administration's (NOAA) to minimize leaching into the water: Where CCA-treated materials are to be used, soaking it in saline waters for 90 days prior to installation will allow leaching to occur in a controlled setting ,or Place a vinyl sleeve over the piling to prevent leaching. The project area demonstrates extremely shallow water depths. The installation of the proposed structures may promote power boat traffic and the possible following negative impacts may occur: Impacts to submerged aquatic vegetation, Contamination from fuel discharges (if power vessels are proposed) 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: 6.3 The encirclement of the entire project area with a floating turbidity screen to remain in place a sufficient number of days to allow the settling of the suspended solids. 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 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 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 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. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Designated: Date Revised: County: Town(s): 7V2' Quadrangle(s): Cedar Beach Point March 15, 1987 May 15, 2002 Suffolk Southold Southold, 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: Relatively small, undeveloped, salt marsh, beach, and dredged material deposits on the north fork of Long Island. 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: Least tem (T), piping plover (E, T-Fed) and osprey (SC) nesting. Black skimmer (SC) and common tern (T) have been seen, but importance of area to these species is not adequately documented. 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: This area serves as an important natural area for research and education by the Cornell Cooperative Extension Marine Program; of regional significance. 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: One of the largest concentrations of nesting least terns on the north fork, of county-level significance. 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. 52.5 9 4 1.2 Habitat Index = [ER + SV + HU + PLI = 65.5 Significance = HI x R = 78.6 Page 1 of 7 NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NARRATIVE CEDAR BEACH POINT LOCATION AND DESCRIPTION OF HABITAT: Cedar Beach Point is located at the tip of Great Hog Neck, north of Little Peconic Bay, in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, NY). The fish and wildlife habitat is approximately 85 acres in size, consisting of sparsely vegetated sand beach and dredged material deposits, a small protected bay (Cedar Beach Creek), mud fiats, and salt marsh. The New York Natural Heritage Program has documented seabeach knotweed, a rare plant species, in this area. The area is owned by Suffolk County and houses the Cornell Cooperative Extension Marine Program. The habitat is generally bordered by Iow to medium density residential development. The mouth of the creek is subject to periodic maintenance dredging. FISH AND WILDLIFE VALUES: Cedar Beach Point is a small coastal wetland area, similar in nature to many other points around the Peconic Bays shoreline, but important as a habitat for various fish and wildlife species. This area has served for many years as a nesting site for least terns (T). In 1982 and 1983, approximately 80-90 pairs of least terns nested in the area, making this colony one of the largest on the north fork of Long Island, of county-level significance. However, human disturbance of the area, including pedestrian traffic and recreational vehicle use, has been a serious problem for many years, and least tern populations have declined to around 5-6 pai~s annually by the late 1980s. During the 1987-1996 period, however, the annual average number of pairs of least tern nesting at this site was 15; nesting populations appear to be on the rise in the late 1990s, with a peak number of 63 pairs observed in 1996. Common tern (T) nested at Cedar Beach Point in the mid-1990s, ranging from 1-14 pairs. More information about the importance of this site for common tern nesting is needed. Piping plover (E, T-Fed) nest regularly at Cedar Beach, with an annual average of 1 pair observed during the 1987-1996 period. The peak number, 2 pairs, was observed in 1995. The appearance of this species has become more regular throughout the 1990s. Osprey (SC) have nested in the area for many years, using man-made nesting platforms located in the habitat. The tidal wetlands at Cedar Beach Point serve as feeding areas for both least tern and osprey, as well as for many other wildlife species. Black skimmer (SC) have appeared at Cedar Beach Point in high concentrations (several hundred). Low marsh areas of these wetlands support healthy populations of fiddler crabs. Diamondback terrapin are also present here; more information is needed to determine importance of this population. Cedar Beach Point may provide important breeding habitat for horseshoe crab, but additional documentation is required. Page 2 of 7 In addition to its ecological values, Cedar Beach Point is an important area for marine sciences education and reseamh. The Comell Cooperative Extension Marine Program is located at Cedar Beach, and the area is heavily used by faculty and students as a "living laboratory". IMPACT ASSESSMENT: It is essential that any potential impacts on Cedar Beach Point be evaluated with respect to the established science program here, and the need to maintain natural or controlled experimental conditions. Any activity that would substantially degrade the water quality in Cedar Beach Creek would adversely affect the biological productivity of this area. All species offish and wildlife would 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. It is essential that high water quality be maintained in the area, primarily by controlling discharges of sewage and other pollutants from upland sources. 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. Alteration of tidal patterns at Cedar Beach Point would have major impacts on the fish and wildlife communities present. Elimination of salt marsh and intertidal areas, through loss of tidal connection, excavation, ditching or filling, would result in a direct loss of valuable habitat area. Construction and maintenance of shoreline structures, such as docks, piers, bulkheads, or revetments, in any part of this area, may have a significant impact on the fish and wildlife resources of Cedar Beach Point. 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. Maintenance dredging in the Cedar Beach Point area should be scheduled between September 15 and December 15. 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 birds. There is some indication, however, that as a result of the potential for overwash onto salt marshes, this site does not exhibit optimal conditions for dredged material placement. Nesting shorebirds inhabiting Cedar Beach Point 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 watercraflc 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 Page 3 of 7 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 of 7 ~gwn of Southold LWRP CONSISTENcy ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CC?d: proposed actions that are subject to the Town of Southold Waterfi-ont Consistency Review Law assessment is intended to supplement other information used by a Town of Southold agency malting a determination of consistency. *Except minor exempt actions including Buildiug Pcr}~dLs, 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 Waterfi'ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes ail ofSouthold Tox~q0. If any question in Section C on this form is answered "yes", then the proposed action may attect 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 pnor to making a determination that it is consistent to the maximum extent practicable with the LWR? standards and conditions. If an action cannot be certified as consistent with the LWR? polic3 standards and conditions, it shall not be undertaken. libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# q2 - / - The Application has been submitted to (check appropriate respon~ Town Board [--] Planning Dept. [-~ Building Dept. 1. Category of Town of Southold agency action (a) Action undertaken directly by Town a construction, planning activity, agency re (b) Financial assistance (e.g. gran( loan, subsi( (c) Permit, approval, license, certification: A copy of the LWP,_P is available in the following places: online at the Town of Southold's xx ebsitc (southoldtown.northfork.net),theBoardofTrustees ~lt~ru~g~el~-tr~]lalllocal. _ 2 9 2007 and extent of action: NaCre ¢car¢ e! Trustees Board of Trustees ~ appropri-at e- reSoons e~):' · , ~ction) Site acreage:. I. I ~ : Present land Use: If an application for the proposed actibn has been filed With the Town of Southold agency, the following information shall be provided: : (a) Nameofapplicant: ~l, hr?~ I~l.d (b) Mailing address: [6 ~/kJ{~::,Jr (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly imdertaken, requ/re funding, or approval by a state or federal agency? Yes7 No[--] Ifyes,.which state or federal agency? b~., D_EVELOPED 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 iufrastrncture, makes beneficia! use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page'2 for evaluation criteria. [-~ Yes ~__~r~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies .Pages 3 through 6 for evaluation criteria [] Yes ["-] No~ Not Applicable Attach additional sheet~ if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town 'of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria Yes ot Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Mint .m. ize loss of life, structur?s: a~d natural resources from flooding and erosion. See LWRP Section III - Pohcles Pages~8 througli:l'6 ~'~r'6~,91uation criteria," ' ~ Yes ot 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 '~1 for eval,u,~tion ~:it,e..ria ~-] Yes [] No' ~Not ~pPli;'a~l;'" 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 sheet~ if n¢c, cssary . ,: ~ , . 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 degr,adatlon !Il Town of Southold from solid.waste and hazardous substances and wastes. See LWRP Section III - P~Hcies; 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 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 Atta h dditi I h if ' c a ona seets necessary . . WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent use~ and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies, Pages 47 through 56 for evaluation Criteria. No [-~ Not Applicable Attach additional sheets if necessary Policy 1 I. 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 / Anach 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 [-~ NoG Not Applicable Created on 5/25/05 11.'20 AM ,Date: . To: Proposal: May 25, 2007 Southold Town Trustees and Hark Terry Remove and replace in-like, in-place existing 42'of bulkhead, 6'x11' ramp, 12'x14' fixed dock, 32"x8' seasonal aluminum ramp and 6'x20' seasonal floating dock. DEVELOPED COAST POL/CZES Policy I 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. Our proposal is consistent with this policy. Presently there is an existing dock and bulkhead that are showing signs of age, Our proposal is to reconstruct these existing structures. There will be no increase in development on this property or near this property. Policy 2 Preserve histeHc resources of the Town of Southold. This project location has no significant historic resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold, Our proposal will not have a negative impact on the visual quality or scenic resources. This proposal is consistent with the area. All structures are existing, NATURAL COAST POLZCXES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion, This project has will have no flooding or erosion concerns. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will not have any impact of the water quality or supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. Our proposed dock facility will have minimal effects on the ecosystem. During the initial construction of the section of bulkhead there will be a disturbance to the backside of the bulkhead where excavating will be needed to place the backing system, There presently is a ramp and float at this location so that will have no effect on the Town's ecosystem, Policy 7 Pretect and improve air quality in the Town of Southold. Our proposal will not have any impact on the air quality in the Town of Southold. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. Our proposal will not influence the environmental degradation in the Town of $outhold from solid waster and hazardous substances and wastes. PUBLZC COAST POLZCIES Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Our proposal will give the property owners the ability the access their boats and engage in the recreational use of town waters. The dock will not inhibit others ability to access these same waters. All structures are existing so the public's ability to access Town waters will not change WORKZNG COAST POLZCZES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. This is a waterfront piece of property. The property owners will be engaging in water-dependent activities such as kayacking, fishing, site seeing, water-skiing and swimming as they normally do at this location. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. Our proposal will not have any effect on the use of living marine resources. Polio/12 Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southold. Polio/13 Promote appropriate use and development of energy and mineral resources. Our proposal will not have any impact on the development of energy and mineral resources. $oUT~{Obg BAY' eM ~:' /-,,~ /,4