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HomeMy WebLinkAbout1000-107.-7-2 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: June 14, 2007 Re: Request for Wetland Permit for Peri Hinden SCTM# 107-7-2 PERI HINDEN requests a Wetland Permit to construct a 4'X 115' fixed dock, 3'X 24' ramp and 6'X 20' floating dock. Located: 1255 WoodcliffDr., Mattituck. SCTM#107-7- 2 The proposed action has been reviewed to Chapter 268, Waterfi'ont 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 sub-policies 6.3~ 9.4 and 10.5 (b) outlined below The LWRP recognizes that Mattituck Inlet and Creek is a regional Maritime Center. In addition the intent of Policy 10 is to protect existing water-dependent commercial, industrial, and recreational uses and to enhance the economic viability of water- dependent uses by ensuring adequate provision of infrastructure for water-dependent uses and their efficient operation. The term Water-dependent use means a business or other activity which can only be conducted in, on, over, or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. Existing uses should be maintained and enhanced where possible and appropriate. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant 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, shellfishing, 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, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) 6r 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. It is recommended that the Board evaluate whether the proposed dock will "extend beyond the minimum necessary for access to navigable waters" to meet sub-policy 9.4 below. 9.4 Assure public access to public trust lands and navigable waters. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 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. 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. The recreational use of the proposed dock in Mattituck Creek ( a Maritime area) is consistent with sub-policy 10.5 (b) (below). Provide and maintain efficient infrastructure for water-dependent uses. Maintain existing infrastructure and improve or provide new infrastructure, particularly in Mattituck Inlet and Creek, Mill Creek and the Village of Greenport, for commercial and recreational vessels and water-dependent uses. The Town of Southold will work with the federal government, New York State, Suffolk County, the Village of Greenport and private owners of water-dependent uses to: 1. Maintain existing sound infrastructure for continued or potential future use by preventing loss through abandonment and neglect. 2. Demolish and remove alternative infrastructure which is likely to present hazards to harbor operations. 4. Maintain facilities to meet safety requirements associated with vessel operations. 5. Maintain and provide for upland structures such as warehouses, off- loading yards, necessary adjacent upland areas, or other storage facilities. 6. Maintain and, where necessary for existing water-dependent uses, improve landside infrastructure such as sewer and water lines, sewage treatment facilities, parking areas, and roads for harbor uses. 7. Promote the provision of appropriate vessel services for commercial and recreational vessels, including berthing, repairs, intbrmation, and fueling services. 8. Maintain stabilized inlets at Mattituck Inlet and Silver Eel Pond Figure 1. Hinden Parcel. 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 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", 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 ACTIO Peri Hinden 225 WoodcliffDrive, Mattituck~ New York 11952 ii i". ~A¥ - 7 2007 SCTM# 1000-107-6-18 AGENT: Patricia C. Moore 51020 Main Road, Southold-NY~rI971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees X Zoning Board of Appeals []_ Category of Town of Southold agency action (check appropriate response): (a) (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: X Type: Wetland Permit for dock Action undertaken directly by Town agency (e.g. activity, agency regulation, land transaction) [] Town of Southold LWRP Consistency Assessment Form Nature and extent of action: seasonal ramp 3' X 24' and float 6' X 20' evnd[ Dc, de- Location of action: Mattitnck Creek Site acreage: ~ 2.346 acre waterfront lot with single family dwellin~ Present land use: residential Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Peri Hinden (b) Mailing address: c/o 51020 Main Road, Southold NY 11971 (c) Telephone number: (631)765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: __ Town of Southold LWRP Consistency Assessment Form 2 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 o fa coastal location, and minimizes adverse effects of developmenr See L WRP Section III- Policies; Page 2for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): Waterfront residencial lot wishes to place residential dock for private use. Dock proposed which will enable a small pleasure boat to be used by a family. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section II1 - Policies Pages 3 through 6for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): Parcel is not on Archeological inventory map. The dock will enhance the historic maritime culture. Recreational boaters support the coastal culture and promote preservation of historic lighthouses. The dock promotes the economic revenue of the maritime economy. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): Location of dock is sensitive to the preservation of tidal wetlands. The dock is elevated to preserve and protect the natural resources. The dock is limited in size to protect scenic resources. The size and location is in keeping with adjacent docks and Trustee's policies and regulations. Town of Southold LWRP Consistency Assessment Form 3 NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III- Policies Pages 8 through 16for evaluation criteria Yes X No [] Not Applicable [] Discussion (ifappropriate):The dock is the minimum necessary to meet the policies of both the Trustees and DEC. Water depth is adequate and does not exceed 1/3 of permissible length into Mattituck Creek. Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III- Policies Pages 16 through 21for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): No direct or indirect discharge is permitted or anticipated by proposed boat. Size of poles and height of dock above the wetlands prevent disturbance to inlet bed or bank 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 llI- Policies; Pages 22 through 32for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): No impact on ecological quality of Peconic Bay and Mattituck Creek. Owner maintains a boat and merely wishes to provide for personal dock at his home for his family. Mattituck Creek is not listed as a Significant Fish and Wildlife Habitat. While the owner recognizes the importance of the ecology of Mattituck Creek the dock is similar to neighboring docks on adjacent properties. Policy7. Protect and improve air quality in the Town of Southold See LWRP Section lH- Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): no impact on air quality would be anticipated. Boat usage by the family remains the same. No pollutants will be discharged Policy & Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III-Policies; Pages 34 through 38for evaluation criteria. Town of Southold LWRP Consistency Assessment Form 4 Discussion (if appropriate): Use of small pleasure boats should not discharge petroleum products or other hazardous substances. Town of Southold LWKP Consistency Assessment Foan 5 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 46for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): Proposed dock will provide access to navigation and recreational use of water ways. The size of the dock is the minimum necessary to provide for access to riparian owner. The size of the proposed dock is consistent with neighboring docks. The proposed dock is smaller then many of the neighboring docks on Mattituck Creek. The dock materials are from an approved list and is elevated to permit light and air to pass to the underlying vegetation. Dock will not interfere with public access. Town of Southold LWRP Consistency Assessment Form 6 WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWR]~ Section III - Policies; Pages 47 through 56for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): Mattituck Creek is a recreational area with significant water dependent development. Both the location and size of the proposed dock will not adverse impact navigation. Private docks promote economic development of marine industry. Demand for marine products and services generated by private recreational use of the water. 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 62for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): Activity at surrounding docks have not significantly adversely impacted marine resources. The proposed ramp and float are seasonal use and not interfere with marine growth. The dock provides a recreational experience and economic benefit that is integral to the coastal identity of Southold. Policy l2. Protect agricultural lands in the Town of Southold. See LWRP Section lII- Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): The economic tax base of Southold impacts the availability of funds for agricultural preservation. Amenities such as docks to waterfront properties provides for an economic return which indirectly benefits agriculture. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III- Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): No significant demand on energy is caused by a dock *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 7 Plan View p : aa, H~naen ~ ~-n17/~ '~" ,~ -'~ Surveyed: March 10, 2~7 ~ ', ~~ AmendS: 05-01~7 , ~ ~ ~, s SCT~ ~o~1o~. ,~ ~ Skuate: MaEituck ~ ~' '~ ¢ , ~, ~oo ~;~ ~~~ ~ ~ " ', ,', b ~. ~ ", ', ' ~ ~ , ,/ Secbon ~ ~ ~ ~ ",,, ,, ~ , ~ 1" = 20' ~ / Proposed S~asonal ~amp 8' x 24' & Proposod TimBor Float $' x 20' 4' x 1 ~5' (min. 4' abv, HJ~! ~~, .,,[,t ,~ ~ ~ ~ ~ ~ LEVEL ~ ~~ ~ ~ ~ ~~~1_~ / , MAPPING ~ ~ ~ ~ / ~1-722-~ ~ ~ ~ ~ P.O. ~x ~ ~ ~ 12" ~" Lim b[[m. onchoc cem~In~ ROBERT H. FOX ~lle~ ~n~r-~d~l oF old ~. Fox NYS PLS~197 pile5 (2) I0' o.c. m~csh dock