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HomeMy WebLinkAbout1000-31.-9-11 (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, Senior Environmental Planner LWRP Coordinator Date: September 18, 2007 Request for Wetland Permit for Michael Kenin SCTM# 31-9-11 MICHAEL KENIN requests an Amendment to Permit #4984 to install a 6'X 12' fixed dock on the seaward terminus of the existing catwalk. Located: 430 Lakeview Terrace, East Marion. SCTM#31-9-1 l The proposed action has been reviewed to Chapter 95, 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 below Policy Standards and therefore is INCONSISTENT with the LWRP. The applicant HAS NOT demonstrated that the action could meet or further the below policies. Marion Lake is a 26 acre lake completely surrounded by private residential lots except where Bay Avenue intersects it. In recent years the lake has become eutrophic or polluted and it has been invaded by the common reed (Phragmites sp.). AERIAL PHOTOS INDICATE THAT MARION LAKE CONTAINS NO DOCKS. CORRESPONDINGLY THE APPLICANT ENJOYS ACCESS TO THE WATER VIA AN EXISTING CATWALK. THE USE OF THE DOCK AND/OR PURPOSE HAS NOT BEEN IDENTIFIED. In addition the LWRP states "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". 6.3 Protect and restore tidal and freshwater wetlands. 9.4 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 shaI1 consider whether the dock will have any of the following harmful effects: [I] 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) 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. 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. 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 fights of public anchoring. The proposed action will impede public access within the lake, 3. Obstruction of navigable waters and underwater lands is limited: 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. by extent and characteristics of the developable adiacent 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. 9.5 Provide access and recreation that is compatible with natural resource values. Provide appropriate access and associated recreational activity that will avoid potential adverse impacts on natural resources. Use the following factors in determining the potential for adverse environmental effects': 1. intensity of the associated recreational, scientific, or educational activity, 2. level of likely disturbance associated with the proposed activity. The following types of access or associated activities are listed in decreasing order of potential for disturbance: a. motorized activities, b. active, non-motorized activities, including water-dependent and water-related uses, c. passive activities, d. avoidance of the area. 3. Sensitivity of the natural resources involved and the extent of the ecological benefits associated with avoidance of the area. Provide access using methods and structures that maintain and protect open space areas associated with natural resources. Determine the extent of visual and physical impairment by structures extending through these open space areas based on: the value of the open space as indicated by un-fragmented size or mass of the wetland or other natural resources, distance to navigable water, and wetland value. the size, length, and design of proposed structures Figure I. Kenin parcel on Marion Lake. 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 2 9 2o07 ~ P1~nnin~ ~oard INSTRUCTIONS i i{~ 1. All applicants for permits* including Town of Southold agenc~s;shall complete this CCA~ 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. DESCRIPTION OF SITE AND PROPOSED ACTION : SCTM# 31 09 11 The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [] Building Dept. [] BoardofTrustees [] 1. 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 action: Applicant proposes to amend Permit #4984 in order to construct a 6' x 12' fixed timber dock on the seaward terminus of the existin.q timber catwalk approved as part of the ori,qinal permit. Location of action: 420 Lakeview Terrace~ East Marion~ Town of Southold Site acreage: 0.37 acre 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: Michael Kenin (b) Mailing address: 1236 Park Avenue New Yorlh NY 10128 (c) Telephone number: Area Code ( 212 ) 722-5290 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency?. NYSDEC 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 Subject proposal is consistent with the policy in that the sitinq of the proposed fixed dock and utilization of the existina fixed catwalk will maintain the character of the surroundinfl nei~lhborhood, which currently consists of many similarly improved lots with similar accessory structures li.e. existin.q catwalks and docks around Marion Lake). In addition, subject parcel will be in harmony with this "...beneficial use of a coastal location...' in that subject waterfront lot will be enhanced and improved by the upqradingl of the existinq catwalk to include a fixed dock, which will allow the launchinq of small craft/e.g, kayaks) without the need to draq said craft over the situate wetlands. The instant proposal will also "...minimize the adverse effects of development" in that utilizinfl the existinq catwalk will neqate the need for new additional construction, in addition to providinq a useable launch point for small craft. Accordinglly, we feel that the instant proposal complies with Policy 1. 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 Policy 2 is not applicable in that subject lot and the surroundinq neiglhborhood cannot be deemed a substantial historic and/or archaeoloqical resources. 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 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will not adversely impact the visual quality of the surroundin.q area in that the proposal is to construct a small 6' x 12' fixed timber dock to the seaward terminus of an existinq timber catwalk. The surroundin.q area is currently comprised of properties improved with similar appurtenances (i.e. catwalks and docks) of similar size and scope. Scenic resources, assumedly views of Marion Lake, are not at risk because the proposed dock will be placed at the seaward terminus of a catwalk that has been in place within this property for years without neglatively impactinq upon the scenic resources of this section of waterfront. Therefore, we feel that the instant proposal complies with Policy 3. 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 Policy 4 is not applicable to the instant proposal in that the proposed dock is situated in Marion Lake, a freshwater body with no tidal action. In addition, the existing1 catwalk has existed for years without any damaqe from floodinq or erosion. However, the proposed dock will provide a launchinq point for small craft neqatinq the need to dragl them throuqh the situate wetland veqetation. This maintenance of veqetation will stabilize the shoreline thereby providinq protection from any erosion that miqht occur. 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 [] Yes [] No [] Not Applicable Subject proposal is not applicable to this policy in that it will have no effect to the water quality/supply within the surroundinq area. 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 Ill - Policies; Pages 22 through 32 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will maintain the quality of the surroundingl ecosystem in that the proposal is to simply construct a fixed timber dock on the seaward terminus of an existinq catwalk. The existinq catwalk, which extends into Marion Lake, has existed thereon for many years without resultinq in any form of discernible adverse effects to the surroundinq environment. Properly constructed fixed timber docks have not historically caused adverse impacts to aquatic ecosystems. In addition, Marion Lake has not been identified as a Siqnificant Coastal Fish and Wildlife Habitat by the LWRP. Accordinqly, we feel that the instant proposal fully complies with this Policy. 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 [] Not Applicable Policy 7 is not applicable in that the proposal is simply to construct a fixed timber dock thereon, and which will not result in any form of adverse effects to air quality. Accordinqly, this proposal is not applicable with this policy. 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 [] Not Applicable Policy 8 is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, or petroleum products. Attach additional sheets if necessary 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 Policy 9 is not applicable in that the proposal is not situated within a property containinq, or havinfl the potential to contain, public access to coastal waters, public lands and Jar public resources within the Town of Southold. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Policy 10 is not applicable in that the proposal does not involve a water-dependent use li.e. marina, aquaculture, etc...). 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 [] Yes [] No [] Not Applicable Policy I 1 is nof applicable in that lhe proposal does not involve any form of marine resource manaqemenf li.e. commercial fisheries, recreational fisheries, aquaculture, etc...). 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 Policy 12 is not applicable in that the proposal does not involve aqricultural lands li.e. the conversion of farmland, the establishment and/or maintenance of new coastal aqriculfural production, etc...) 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 Policy 13 is not applicable in fhat fhe proposal does not involve fhe conservation of enerqy resources on a commercial level and/or fhe promotion of alternafive ener.qy sources, proper maintenance of fuel storaqe facilities and/or the extraction of mineral extraction Attach additional sheets if necessary N55°4T20"E 132.12' SITE PLAN Scale: l" = 40' 23' PROJECT DESCRIPTION Applicant proposes to install a 6' x 12' fixed timber dock to the seaward lermJnus oJ the existing timber calwalk. Said dock will be secured by four [4] timber piles measuring 8"0 x 12' long. All timber malerial will be untreated (Fir; Oak; Cedar, etc.). All hardware will be hot dipped galvanized. 101' to lzistiag Dwellinl l~roposed file (8' dia.; 12' 10ng} DOCK ASSEMBLY PLAN for the: KENIN Proper~ Situate: 420 kakeview lerrace; East Marion Town of Soulhold, New York jSuffolk Environmental Consulting, Inc. Phone: (631) fi37 - $t60 CROSS SECTION Scale: 1" = 2' k¢$ ~ ~ 7'7 ~zisting ¥ogetation c~UR'v'E"r' OF: PROPF:RI"r' 51TUATE.- EAST MARION TOI,,IN.- .eOUTHOI._P ..e,UFFOI_K ~T'Y', N~ .e~-.VE'FEO 05-1~-200'/ ,C~FOLK ~UNI"¢' T~O< # IO00-~I -q- II CERTIFIED TO~ · I~IONDI~ENT PIPE AREA = 16,165 ®RAPHIC, ~.,ALE I"= 20' 24' R.O.W. 0 Lond nora or Formerl~ o~: N55o47'20"E 132.12' S55o47'20"W Lond no~ or Formerlc] o~: y~alter E. Soi~po ~ Linell P. Qoi~po 191.1'/' JOHN C. EI-ILERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERI-IEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-TIGER~PROSX99-20'2 I