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Home My WebLink About1000-79.-5-20.2 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 MEMORANDUM To: James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: September 17, 2007 Re: Proposed Wetland Permit for PECONIC LAND TRUST INC. SCTM# 1000-79-5-20.2 PECONIC LAND TRUST INC. requests a Wetland Permit to reinforce 390' of eroding bank along marina and creek with filter cloth and 50-75 lb. stones, and add four (4) pilings along dock in marina area. Located: 10273 North Bayview Rd. Ext., Southold. SCTM#79-5-20.2 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 well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP provided that the Policy 4.1 has been furthered to the greatest extent practical. Active erosion of the road bank is visible on-site. However, note that the road bank is primarily eroding as a result of the existing grade of the road and sheet flow runoffover the road down- slope to the water bodies. The runoffhas resulted in several small gullies. It is recommended that the Board require that the grade of the road be corrected to minimize road runoff. Policy Standards 4.1 Minimize losses of human life and structures from flooding and erosion hazards. Use hard structural erosion protection measures for control of erosion only where: 1. Avoidance of the hazard is not appropriate because a structure is functionally dependent on a location on or in coastal waters; located in an area of extensive public investment; or reinforces the role of Maritime Centers or Areas for Concentrated Development. 2. Vegetative approaches to controlling erosion are not effective. E~thancement of natural protective features would not prove practical in providing erosion protection. Construction of a hard structure is the only practical design consideration and is essential to protecting the principal use. The proposed hard structural erosion protection measures are: a. limited to the minimum scale necessary b. based on sound engineering practices Practical vegetative methods have been included in the project design and implementation. Adequate mitigation is provided and maintained to ensure that there is no adverse impact to adjacent property or to natural coastal processes and natural resources and, if undertaken by a private property owner, does not incur significant direct or indirect public costs. 5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. 'lThc m.a,:isis of the proposed additional pilings have not been identified. Require that the applicant identify the proposed materials. 11.6 Promote aquaculture. Aquaculture is a desired water-dependent use in Southold. Aquaculture of economically important species can not only provide additional economic opportunities, it can relieve pressure on and enhance wild stocks that may be adversely affected by pollution, loss of habitat, over-fishing, or other factors. Aquaculture is encouraged for the purpose of restoring native stock and reseeding the creeks and bays; with the primary objective of providing for local economic opportunities, both commercial and recreational in nature, but at a scale appropriate for the resource itself and the marine environment in which the operation is located. The siting of aquaculture facilities within inland portions of creeks should take into account and mitigate negative environmental impacts on the native ecology. The placement of aquaculture facilities within open waters also should be sited so that existing fishery resources are not negatively impacted. More specifically, the effect on finfish of the loss of habitat resulting from aquaculture operations should be a major consideration in any leasing progTam within the Peconic Bays. Finally, the Town supports the continued activities of the Plock Shellfisher Preserve and the Suffolk County Marine Environmental Learning Center at Cedar Beach County Park in the area of promoting sustainable aquaculture. A. Encourage and promote aquaculture of economically important species. Protect native stocks from potential adverse biological impacts due to aquaculture. Biological impacts to be addressed include direct displacement, competition, introduction of disease, exposure to antibiotics, animal wastes, and potential loss of genetic integrity as well as loss of habitat. The use on-site is Aquaculture, the infrastructure was constructed to support the use. Therefore the proposed improvements meet policy ! 1.6. Promote Aquaculture 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 A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT All applicants for permits* including Town of Southold proposed actions that are subject to the Town of Southold assessment is intended to supplement other information used making a determination of consistency. *Except minor 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 nfinor 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- Supporfin~ 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 website (southoldtown.northfork.net), the Board of Tins local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 79 5 20.12 PROJECT NANIE Shellfisher Preserve Restoration ' ?f So_utho d's kaent, all Project The Application has been submitted to (check appropriate response): TownBoard [] Planning Board [--] Building Dept. [] BoardofTrustees Category of Town of S outhold 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 ande~entofaction: Reinforce 390 feet of er0d~ng bank, along_.marina_ ~nd creek with tilter cloth and 50/75 pounds of stones; and add 4 pilings along dock in marina-area. Locationofaclion: 10273 North Bayview Road Site acreage: 13.7 Present land use: Maricu] tufty/open space Present zoning classification: R- 4 0 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: (b) Mailing address: Peconic Land Trust PO Box 1776 Southampton, NY 11969 (c) Telephone number: Area Code ( ) (631) 283-3195 (d) Application number, if any: p e r m i t # 6014 Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No[-] Ifyes, wtfich state or federal agency9 NYS DEC C. Evaluate the p.roject 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 This renovat/~m] project was 1]nd~rl-~lc~n to CU 1 f',~rn facility ......... re_~tnro l~ nnlque Inari- 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 2.1.B. "Provide for compatible use or reuse of the historic resource" -- this site has been used for mariculture purposes 'since the 1940's when it was started by Mr. Plock. It is PLT's qoal to continue this unique, historic use. 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 3.1 G - "Improved the vsual quality of a historic maritime area 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 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 Ai~ach 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 the No Not Applicable 6.2 and 6.4: Shellfish improv the environment bi; cleaning water throught filter feeding and removing nitrogen. Also, spaces between their shells provide habitat for juvenile fisht crabs, and the orgnisms on whey they feed. No ferti;lizers, herbicides, drugs or antibiotics are used in growing shellfish. 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 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 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~-] NoV~ Not Applicable Attach additional sheets i£necessary WORKING COAST POLICIES P61icy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent ases in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. [~ Yes [-] No ~ Not Applicable ~Marine II - Mariculture, or aquaculture operation or research and development. 10.5 - #4 Dredging nec~aAry to ~-pport ~ w~terzdependont _ ~x~isting Use 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 r-] No ~ Not Applicable ' ll.].C & A - Ensuring the use of a marine resource and enhancement and restoration of shellfish habitat 11.2 Provide commercial use area for shellfish industry 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 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. [l~ Yes [~ No [] Not Applicable PREPARED BY pam Greene TITLE Dir. of Stewardsh6~TE 8/8/07 the Lands of Peconic Land Trust Shellfisher Preserve Site Plan Town of Southold (~1) 2s3 Suffolk County, New York $ [,~JJ~,..pECONIC LAND TRUSTI Shellfisher Preserve By: Dawn Haight; 25 July 07 [ the Lands of Town of Somewhere Suffolk County, New York Location Map $outhhold Town -. ---..,., Board of Trustees AUG 14 2007 L~ $ $outhhold , Existing U~ ~ Proposed Pil~g / ?ECONIC LAND TRUST thoL~of ~o~.~"~m~°~ ~o~a~ ~o~' ~.o.%~o~ ~ Shellfisher Preserve Proposed Pilings AUG 2007 Southt Board [~PECONIC LAND TRUST Prepared By: Dawn H~ 25 July ~ Shellfisher Preserve Erosion Areas