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HomeMy WebLinkAbout1000-138.-1-14.1 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: August 16, 2007 Re: Proposed Permit to Construct a Dock for Peter Danowski, Jr. and Susan Danowski SCTM#1000-138-1-14.1 PETER S. DANOWSKI, JR. & SUSAN DANOWSKI requests a Wetland Permit to construct a new 6'X 20' ~vood float, new 4'X 12' wood ramp, new wetlands plantings, new 3'X 4' flagstone, dredging approx. 94 cy. to 2.5' below mean low water, and restoration of disturbed areas with native plants and grasses. Located: 1625 Monsell Lane, Cutchogue. SCTM# 138-1- 14.1 CUTCHOGUE HARBOR WETLANDS ARE A NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION CRITICAL ENVIRONMENTAL AREA, A NEW YORK STATE SIGNIFICANT FISH AND WILDLIFE HABITAT, AND A PECONIC ESTUARY PROGRAM CRITICAL HABITAT. 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 ~vell 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 5. Protect and improve water quality and supply in the Town of Southold. The materials used to construct the dock have not been specified. The installation of the proposed structures may promote power boat traffic in a shallow water area with MW depths ranging from 0.0 to 1.85 feet. The possible following negative impacts may occur: 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 solids 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 construction 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. 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 hil~hlv oroductive in their natural settings. Shading can have significant impacts on the health and productivity of these plants. To further the above policy~ it is recommended that the Board require fiberglass grated decking on the structures to minimize shading from the dock structures to the greatest extent possible. 6.1 Protect and restore ecological quality throughout the Town of Southold. 6.2 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. The dredein£ of the proposed area will result in the net loss of an area capable of suooortinl~ St~artina alterniflora. To further the above policy and to reduce turbidity in the event that the proposed action 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 solids in the water column. 6.3 Protect and restore tidal and freshwater wetlands. The proposed action will result in a net loss of tidal 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 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 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 commemial 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 § 275-11. Construction and operation standards~ dredging in close proximity to Spartina Alterniflora is prohibited. 3) Dredging. (a) Creeks. [1] Maintenance dredging (as defined in §275-2) only is permitted, unless the applicant owns underwater land or the applicant is requesting permission to dredge in connection with installation of low-sill bulkheads. [2] Dredging may be permitted when it can be demonstrated that the actions of man have resulted in impairment to water quality or habitat value. [3] Dredging in~ or in close proximitF to salt marsh vegetation (Distichlis spicata~ Spartina alternit~ora or $partina patens) or seagrass (Ruppia maritia or Zostera marina) meadows is prohibited. If dredging does not occur as proposed, the proposed 4' x 20' float will contact bottomland during a normal Iow tide. Therefore the proposed action does not comply with § 275-11. Construction and operation standards. Item A~ (c), 11|, [bi, ii [1] Residential docks. [Amended 10-11-2005 by L.L. No. 17-2005] [a] Only one dock or mooring is permitted per residential lot. [b] If any part of a residential dock structure includes a float or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pih'ngs: [i] It is no larger than six feet wide and 20 feet long except on Fishers Island if the need is demonstrated; [ii] No part of the floating dock will contact the bottomland during a normal low tide. 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 Assure public access to public trust lands and navigable waters. A. 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. 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 fights 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. 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. The proposed length of the dock structure will not impede navigation of Baldwin's Creek. Due to the width of the creek, the placement of a moorin? as an alternative, is impractical. 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 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. Foster the occurrence and abundance of the Town's marine resoumes through: 1. protection of spawning grounds, habitats, and water quality, 2. enhancement and restoration of fish and shellfish habitat, 3. the prevention of over-fishing. The proposed dredging will result in a net loss of an area capable of supporting Spartina Alterniflora. The ability of the area to re-vegetate itself is dependent upon appropriate water depth and hydro period. Correspondinelv, following the loss of the area~ a loss in spawning grounds and habitat will result. It is recommended that the proposed action be amended to further the above listed policies to the extent practical. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. m of Southoid LWRP CONSISTENCY ASSESSMENT FO1LM.. INSTRUCTIONS applicants for pernfits* including Town of Southold agencies, shall complete tiffs CCAF for 1. All actions that are subject to the Town of Southold Waterfront Consistency Review Law. This proposed · ' assessment is intended to supplement other mformat~on used by a Town of Southold ageucy iu making a determination of consistency. *Except minor exempt actions including Building ?ermits and other ministerial permits not located within the Coastal Erosion l~lazard Area' 2. Before answering the questions in Section C, the preparer of tlfis form should review the exempt minor action list, policies and explanations of each policy coutained h~ the Town of Southold Local Waterfront Revitalization Progrmn. A~ pro_p_osed a~ctiQn will be evaluated as to its si in, cant beneficial and adve~°n the coastal area w~includes all of Southold To~3~. 3. If any question in Section C on tiffs form is answered "yes" or "no", then the proposed action will affect the aclfievement of the LWRP policy standards and conditions contained in the consistency review law. Thus each answer must be ex lalned in detail listm both su ortm and am ~. If an action cmmot be certified as consistent with the LWRP policy standards mid conditions, it shall not be m~dertaken. A copy of the LWRP is available iu the followi lff~s~f~i~]~t ~ ~[~1~I~ Soutbold's website(southoldtown.northfork.net),theB°ar' ~~2'1!¢ i~_~] local libraries mid the Town Clerk s offic · DESCRIPTION OF SrI:E AND PROPOSED ACT $0uth0td ' scm /37 PROJECT NAME BO/ r OC(C The Application has been submitted to (check appropriate response): TowuBoard [] VlanningBoard[~ BuildhlgDept. [] BoardofTrustees ~] 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, plmming activity, agency regulation, land traasaction) (b) (c) Financial assistance (e.g. grant, loan, subsidy) Permit, approval, hcense, cert~ficattoi · Nature and extent of action: Site acreage: 3' t~ 0~6¢~& % If an application for the proposed action has been filed with the Town of Southold agency, the following ilfformation shall be provided: (c) Telephone nmnber: ~'ea Code ( )_ '?~' ~00 (d) Application number, ifm~y:_ Will the action be directly m~dertaken, require ftmding, or approval by a state or federal agency? Yes [] No ['~ If yes, which state or federal agency?_ C. Evaluate the project to the followiug policies by analyziug 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 patteru of dcveiopmeut in the Town of Southold that enhances community character, ................. ace makes efficient use of infrastructure, makes b~ use of a coastal locatioo, and minimizes ad._~.g~e e~ of development. See LWRP Section II1 -'Policies; P---ag~ for evaluation ? Attach additional sheets ir necessaw ~, 2% ~ Policy 2. Protect and preserve historic and archaeological resources of the Tmw~ of Southold. See LWRP Section III ' Policies Pages 3 through 6 for evaluatiou criteria [] Yes [] No ~ Not Applicable ~ttac~ additional sheets if necessary · t and protect scenic res.ourccs th.roughout the Town of Southoltl. See Policy 3. Enhance wsual qualiy i~WliP Section III - Policies Pages 6 through 7 for evaluatton criterm ~ Yes ~ No ¢ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, aud natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluattoa c~ tte~ ~ [~ Yes [] No ~Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve wat~ality and supply in the Town of Southold. See LWRP Section III - Policies Page'~ 16 througb 2[ 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 ecosyste~ns iocluding 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 intprove air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaJ.uafion criteria. [] Yes ~-3 No Not Applicable Attach additional sheets if aeccssary Policy 8. Mi,fimize environmental degradation in Town of Southold front solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 tbrough 38 for evaluation criteria. [~ Yes ~ No [~ Not ~pplicable ~Ilo 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 S~outbold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [~] yeJ~] No[~NotAppiicable Attach additional sheets if necessary ,4'xl2' N N Lot 10 Map of Norwold Surf. Co. File No. 1275 now or formerly James Monsell Z MON ,,o~ ?o. ? PLAN now or formerly The Ncture Conserwnc) DETAIL KEY' MAP I~ETAIL LANI2HA~.~2 LIh41T Of= TIDAL HETLAND5 FLAGSTONE HOOD ~AMF 4'xl2' NOTE, PLA55TONt~ NE~ HE~TE~N BOTTOM 2.~' B~LOY~ NfL~I I HANDf~.~NIL '2 "JON" 20' DOAT FLOAT 6'x20' CL BALDHIN'M (HUD) HH~ ~ .... MHH=2.~O=I.¢B M~L EL EXISTIN® DOTT©M SECTION ~LOAT V- PLAN ------ Young & Young II 400 Oa~ran~er Avenue, ~verhead, New York 11901 TOTAL AI~.~-A = 3,~+/- AC, FF, E5 mN~INEEI~.'.G ~.ERTIt=ICATiON CUt~,VE¥O~'.5 6.ERTIFIC. ATION BOA' PETEP. 5. DANOIAISKI Jt~.. ~ ~USAN PANOHSKI A~; ~u~hocJUe, To~n oF ~outhold ~ufFolk Gountq, N~ 'r'ork I ~,'FE PLAN I