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HomeMy WebLinkAbout1000-70.-5-46 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southaid, 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 ro~ From: James King, President Town of Southold Board of Trustees _~ Mark Terry, Principal Planner LWRP Coordinator Date: August 10, 2007 Re~ Request for Wetland Permit for existing docking facility SCTM# 70-5-46 MICHAEL BUNKER requests a Wetland Permit to repair the existing 41' section of existing dock as required. Construct new 3'X 32' catwalk on off-shore end with a 32"X 14' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by 2-10" dia. X 30' pilings. Located: 3392 Oaklawn Ave., Southold. SCTM#70-5-46 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 HAS NOT demonstrated that the action fully meets the below policies. Policy 5. Protect and improve water quality and supply in the Town of Southold. The materials proposed to construct the dock have not been specified. 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). 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: 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. 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 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 groxvth 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; [t0] 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 xvaterway 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 m~d rubbish, electrical service and water service. Please require that the applicant address each standard above. At the end of the dock a dark signature shows up on the aerial. The area could be submerged aquatic vegetation (SAV), please have the applicant prove the existence or absence of SAV on site. Figure 1. Bunker dock and dark signature (SAV?) at terminus on dock. Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. 9.4 A. Assure public access to public trust lands and navigable waters. Provide free and substantially unobstructed passage along public trust shorelands. 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. 2. Permit limited obstruction of public use, including navigation, in navigable waters: a. for water-dependent uses involving navigation and commerce which require structures or activities in water as part of the use. b. for commemial recreational boating facilities, provided that the loss of navigable waters and use of underwater lands is offset by sufficient public benefits. c. in order to gain reasonable access to navigable waters from riparian lands. The proposed action could impede the public use and navigation of vessels utilizing the waterway. The extension of the dock structure further into navigable waters is contrary to the above policy. Obstruction of navigable waters and underwater lands is limited: a. to the extent that it interferes with commercial navigation. The right of commercial navigation is superior to all other uses on navigable waters and may not be obstructed. b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the use's dependence on access to navigable waters, (ii) the range of tidal water level fluctuation, (iii) the size and nature of the body of water, (iv) the nature of public use of the adjacent waters, (v) the traditional means of access used by surrounding similar uses, (vi) whether or not alternative means to gain access are available. 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. by extent and characteristics of the developable adjacent upland area and its ability to support in-water development for the water-dependent use. by potential adverse effects on natural resources and their uses, and 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 commemial 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 proposed dock structure extends beyond the minimum necessary for access to navigable waters. In addition~ the length of the proposed action is out of scale with adiacent dock structures. The proposed extension equals 52+ feet and could impede the public use of the navigable waterway. In addition~ the proposed action is not proposed for commercial use. Further the structure will remain private and will not support a pattern of development that enhances community character nor preserves "public" open space. Figure 2. The proposed waterwm'd limit of proposed extension of dock structure. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its ~vfitten determination regarding the consistency of the proposed action. ~own of Southold A. INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FOI All applicants for permits* including Town of Southold agenci proposed actions that are subject to the Town of Southold Waterfro s, ~hall cDmpl~g CCAF thr ~t 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- suDoortim, 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, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION PROJECT NAME The Application has been submitted to (check appropriate response): TownBoard [--] Planning Board [~ Building Dept. ~ BoardofTrustees~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [-~ construction, planning activity, agency regulation, land transaction) ~-~ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: .~ Nature and extent of act~ion: __ , -- , ,~ I Location of action: ~ ~ c~ 22_ 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: /~/~ ~/.~~ (b) Mailing address:~ ~ ~ (c) Telephone number: Area Code ( )__~~ ~ (d) Application number, if any:_ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ NoD 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. Yes ~ No ~ Not Applicable 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 Ye~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 I 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 /'),.,, o,o S j~ -i/ - - - t 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 ~ Ye~ No r-] Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid 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 ~ot 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~ot 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. [] Ye~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 App ab 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. 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 [-~ N~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 DATE_~ ZDOC. M