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Home My WebLink About1000-91.-1-10/' OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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: From: James King, President Town of Southold Board of Trusteesf _~-,. Mark Terry, Principal Planner '~ "~ LWRP Coordinator Date: September 14, 2007 Rel Request for Wetland Permit for docking facility Carol Mercier/Peter Schramm SCTM# 91-1-10 The proposed dock structure has been reviewed to Chapter 268, Waterfront Consistency Review of the To;vn 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 meets the below policies. 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 ail Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. Comply with statutory and regulatory requirements of the State's wetland laws. Comply with the regulatory requirements of the Tidal Wetlands Act for the protection of mapped tidal wetlands including coastal fresh marsh; intertidal marsh; coastal shoals, bars and flats; high marsh or salt meadow; littoral zones; and formerly connected tidal wetlands. The applicant must demonstrate that the following proposed action meets the dock standards pursuant to § 275-11. Construction and operation standards. (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, 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 cimulation; [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. Figure I. Subject property showing dock in 2004. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Tc~wa of Southold ' )'~ ~ ~ ...... ~ LWRP CONSISTENCY ASSESSMENT FO~[ ....... r 1~1 1. ~1 applic~ts for perU* inclu~g To~ of Sou~old agencies, s~~s CC~ [~r proposed actions ~m ~e subject to ~e To~ of Sou~old Wmer~t Consi~.~!~v L~. T .is assessment is intended to supplement o~er ~omation used by a To~ of Sou~old agency m m~g a detemation of consistency. *Except minor exempt actions including Building Permits 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). 3. 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- supDortim, 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: olnline at the Town of Southold ' S: ~ ~ website (southoldtown.northfork.net), the Board of Tmste~ {~ ~, t~e ~lar~ng l~p~ ~ i local libraries and the Town Clerk's office ~i ' ~1 }~ ~ ~[~u ~ t~ I I I !1 "¢t t B. DESCRIPTION OF SITE AND PROPOSED ACTION A J:~2 5 200 SCTM# [OOO 'ql "O1-IO }: I · I The Application has been submitted to (check appropriate response): TownBoard Plann g oa a [] Boar ofT ustees o Sou o,d (a) Action undertaken directly by Town agency (e.g. capital c°nstructi°n' planning activity' agency regulati°n' land transacti°n) (b) Financial assistance (e.g. grant, loan, subsidy) Nature (Can)d ext:i~itai2P:nr.Oval' license' certificatiOn: Location of action: 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) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code (d) Application number, if any: Will the action be directly undertaken, require ftmding, or approval by a state or federal agency? Yes [~ NOPSI If yes, which stateor federalagency? 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 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 [i~ 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 Ill - 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 ~ No ~ Not Applicable -.3 ' 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 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. (~ 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. 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. ~' Ye~ No ~ Not Applicable Attach additional sheets if necessary WORKTNG COAST POLICIES Policy I0.-PfOt~ct 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. gYes No Not App.cable 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 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 ~L Not Applicable PREPARED BY ~'~'~~ TITLE ~ DATE Hydrographic Map Prepared for: Carol Mercier Surveyed: July 20, 2007 SCT# 1000-91-1-10 Situate: Cedar Beach Town: Southold Suffolk County, NY Datum: Low Water Tide: 2.5' +/- J" 1"=30' 5CT# Ioo0-.~il_ _ Land o/=, Hercl~/r0 Section 1" = 10' Existing Timber Dock 3' x 28' metal posts 4~ 0¢ rope rail Existing Seasonal Ramp 3' x 12' & Float 6' x 10' metal anchor posts exist. btEm. / LEVEL ~ MAPPING ~81-722-8890 PO Box 366 Aquebogue NYl1931 ROBERT H. FOX NYS PLS# 50197