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Home My WebLink About1000-87.-5-5 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NYl1971 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 18, 2007 Re~ Request for Wetland Permit for Anthony Bellisimo SCTM# 87-5-5 ANTHONY BELLIS1MO requests an Amendment to Permit #6526 to erect a drystone natural stone wall to bring land to grade; place bluestone in compacted stone dust with V2" drainage joints; remove asphalt driveway and replace with circular drive in compacted stone and dust with gravel surface; install three (3) downspout drywells and landscape, and install stairway with railings. Located: 600 Koke Dr., Southold. SCTM#87-5-5 COREY CREEK IS A NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION CRITICAL ENVIRONMENTAL AREA AND A NEW YORK STATE SIGNIFICANT FISH AND WILDLIFE 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 well 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 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with stattltory and regulatory requirements of the So~ahold 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 condition The distance to the as built patio from the saltwater wetland boundary is 12 feet; a minimum setback distance of 100 feet from the wetland line is required pursuant to Chapter 275-3.Findings; purpose; iurisdietion; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. If the action is approved and to further Policy 5: Protect and Improve Water quality in the Town of Southold: 1. Establish a larger non-turf buffer area landward of the wetland boundary, in addition to the existing 10 foot sand buffer landward of the bulkhead~ to protect the water quality of the creek. 2. Require hay bales during landscaping and construction. 3. Require gutters to drywells on the house and drainage for the patio~ to contain runoff. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Designated: Date Revised: County: Town(s): 7V2' Quadrangle(s): Corey Creek March 15, 1987 May 15, 2002 Suffolk Southold Southold, NY Assessment Criteria Ecosystem Rarity (ER)--the uniqueness of the plant and animal community in the area and the physical, structural, and chemical features supporting this commuuity. ER assessment: Small, partially developed creek/marsh/beach area; not rare in Suftblk County. Species Vulnerability (SV)--the degree of vulnerability througbont its range in New York State of a species residing in tbe ecosystem or utiliziug tbe ecosystem for its survival. SV assessnrent: Osprey (SC), least tern (T) and piping plover (E, T-Fed) present historically, but importance of the area to these species is uot adequately documented. Calculation: 36+ (25/2)I (16/4) Human Use (HU)- the conduct of significant, demonstrable commercial, recreational, or educational wildlife-related human uses, either consmnptive or non-consnmptive, in the area or directly dependent upon the area. HU assessment: Clamming is significant at the local level. Population Level (PL)--the concentration of a species in the area during its normal, recurring period of occurrence, regardless of thc length of that period of occurrence. PL assessment: Concentrations of scallops significant in Suffolk County. Replaceability (R)--ability to replace the area, either on or off site, with an equivalent replacement for the same fish and wildlife and uses of those same fish and wildlife, for the same users of those fish and wildlife. R assessment: Irreplaceable. 52.5 1.2 Habitat Index = [ER + SV + HU + PL] = 56.5 Significance = HI x R = 67.8 Page I of 7 NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NA RILL\TIVE COREY CREEK LOCATION AND DESCRIPTION OF HABITAT: Corey Creek and Beach is located on the southwestern shoreline of Great Hog Neck on Little Peconic Bay, in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, NY). The fish and wildlife habitat consists of apprexi~natcly I30 acres of tidal creek, salt marsh, mudflats and beach. The area around the western shoreline of Corey Creek and Moyle Cove is a developed residential area and some portions of the creek have been dredged and bulkheaded. The beach is a small sand beach and dredged material area which is somewhat degraded by human disturbance. FISH AND WILDLIFE VALUES: The small disturbed tidal creek and beach fimnd at Corey Creek is not a rare ecosystem type but the area functions as an important habitat tbr a variety of fish and wildlife. Osprey (SC) historically have nested on platfbnns at this site. A small popnlation of least tern (T) was present on the beach in 1984, but this species was documented only once more through 1996. Piping plover (E, T-Fed) were sporadically documented at Corey Creek beach, ranging from 0-2 pairs annually during the 1987-1996 period. Diamondback terrapin have also been seen but the importance of this area to this species is not well documented. This area may also provide important breeding habitat tbr horseshoe crab, but additional documentation is required. The creek serves as a feeding area for the osprey along with waterfowl, shorebirds and other wildlife. Waterfowl species observed overwintering in the Corey Creek area include Canada goose, American black duck, mallard, oldsquaw, buffleheM, red-breasted merganser, surf scoter, and comtnon goldeneye. The creek is a productive area for marine finfish and shellfish. The area serves as a important nursery area and habitat fbr shellfish including bay scallops and hard clams. The creek was once one of the top three areas in Southold tbr scalloping, however there is no longer any scalloping in Corey Creek. It is one of the top clamming areas in the town. The creek area is also locally important for waterfowl hunting. Concentrations of Canada geese at this site currently present a nuisance and water quality problem. Page 2 of 7 IMPACT ASSESSMENT: Any activity that would substantially degrade the xvatcr quality ill Corey Creek would adversely affect thc biological productivity of this area. All species of fish and wildlife wonld be affbcted by water pollution such as chemical contamiuation (iuchlding food chain effects resulting froth bioaccumulatiou), oil spills, excessive turbidity, stormwater runofl; and waste disposal. It is essential that water quality be maintained in the area to protect the bay scallop fishery. The Town of Southold recommends that usc of sprinklers and lawn chemicals be minimized or prohibited on creek watcrl?out property. Alterations of tidal patterns in Corey Creek (e.g., by modifying the inlet) would have major impacts on the fish and wildlife species present. Dredging in the creek should be scheduled from September 15 through December 15 to minimize potential impacts on aquatic organisms and to allow lbr dredged material disposal when wildlife populations are least sensitive to disturbance. Dredged material disposal that alters the creek inlet or tidal flow would negatively impact the habitat value of this site. Barriers to fish migration, whether physical or chemical, would have a major impact on the fisheries of Corey Creek. Restoration of fisheries habitat through removal of such barriers, or other mcaus, should be considered for Corey Creek. Elimination of salt marsh and intertidal areas, through dredging, loss of tidal cmmection, excavation or filling, would result in a direct loss of habitat area. Construction of shoreline structures such as docks, piers, bulkhcads or revetments, in areas not previously disturbed by development (e.g., natural beach or salt marsh) may result iu a loss of productive areas which snpport the fish and wildlife resources ofCoreyCreek. Alteruative strategies for the protection of shoreline property should be examined, including innovative, vegetation-based approaches. Control of mvasive nuisance plant species, thruugh a variety of means, may improve fish and wildlilb species use of the area and enhance overall wetland values. Um:estricted use of motorized vessels including personal watercraft in the protected, shallow waters of bays, harbors, aud tidal creeks can have adveme effects on aquatic vegetation and fish and wildlife populations. Use of motorized vessels should be controlled (e.g., no wake zones, speed zones, zones of exclusion) iu and adjacent to shallow waters and vegetated wetlands. Nesting shorebirds it~abiting Corcy Creek are highly vuluerable to disturbance by humans, especially during the nesting and flcdging period (March 15 through August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminate the use of this site as a breeding area and should be nfinixnized during this period. Recreational activities (e.g., boat and personal watercraft landing, oil-road vehicle use, picnicking) in the vicinity of bird nesting areas should be mini~nized during this period. Predation of chicks and destruction of eggs or nests by unleashed pets (e.g., dogs, cats) and natural predators may also occur, and predator control should be implemented where feasible. Fencing and/or continued annual posting of shorebird nesting areas should be provided to help protect these species. Control of vegetative succession, throngh beneficial use of dredged material or other means may improve the availability of nesting habitat in this area. The Corey Creek site is particularly disturbed by Page 3 of 7 use of otl'-road bikes and other vehicles; recreational ve}ficles should be prohibited from the area during the March 15-August 15 shorebird nesting period. Page 4 of 7 KNOWLEDGEABLE CONTACTS: Habitat Unit NYS Department of State Division of Coastal Resources 41 State Street Albany, NY 12231 Phone: (518) 474-6000 NYSDEC--Regionl State University of New York, Building 40 Stony Brook, NY 11790-2356 Phone:(631)444-0354 Wildlife Manager NYSDEC--Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (631) 444-0310 Bureau of Marine Resources NYSDEC 205 N. Belle Meade Road, Suite 1 East Setauket, NY 11733 Phone: (631) 444-0430 Finfish and Crustaceans NYSDEC 205 N. Belle Meade Road, Suite 1 East Setauket, NY 11733 Phone: (631) 444-0436 New York Natural Heritage Program Wildlife Resources Center 700 Troy-Schenectady Road Latham, NY 12110 Phone: (518) 783-3932 Town of Southold Town Hall 53095 Main Road; P.O. Box 1179 Southold, NY 11971 Phone: (631) 765-1801 Page 5 of 7 Oltlce of Ecology Suffolk County Dept. of Health Services Bureau of Environmental Management County Center Riverhead, NY 11901 Phone: (631 ) 852-2077 Seatuck Research Program Cornell University Laboratory of Ornithology P.O. Box 31 lslip, NY 11751 Phone: (631) 581-6908 Comell Cooperative Extension Marine Program 3690 Cedar Beach Road Southold, NY 11971 Phone: (631) 852-8660 NYS Sea Graut Extension Service Cornel1 University Laboratory 3905 Sound Avenue Riverhead, NY 11901 Phoue: (631) 727-3910 Paul Stoutenburgh 4015 Skunk Lane Cutchogue, NY 11935 Phone: (631) 734-6605 Page 6 of 7 To print ora 8 5 x 11 set printer to Fit to Print or reduce b3 64% SHELTER × .Town ~f Sohthold A. INSTRUCTIONS ONSiST, N ASS, SS N All aprlic~ts for pemts* includ~g To~ of Sou~old agenci s, sh~l proposed actions ~at ~e subject to ~e To~ of Sou~old Waterer msessment is intended to supplement o~er l~o~ation used m~ng a detestation of consistency. *Except minor exempt actions including Building T~~' and other ministerial permits not located within the Coastal Erosion H~ard 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- suooortin~ 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 t Wing ptad~s: Bnline ig, the · ~wn of Southold ' s website (southoldtown.northfork.net), th, b~c~Trustees-Offfc-e7 th~ll 'lanning Department, all local libraries and the Town Clerk's offi~ 0°7 _ 5- 5' B. DESCRIPTION OF SITE AND PROPOSED SCTM# 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 action: Location of action: Site acreage: Present land use: Present zoning classification: (a) Name of applicant: (b) Mailing address: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: r (c) Telephone number: Area (d) Application number, if any: 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? 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 r~. Not Applicable 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 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 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 ~-~ N0.~[] 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 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 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 ~ 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. 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 Attach additional sheets if necessary 'WOR~NG 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 Applicable 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. 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. Yes [] No Not Applicable PREPARED BY TITLE DATE ANTI4 o N Y ~IVL , NO / //_ /