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HomeMy WebLinkAbout1000-70.-6-18 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 S outhold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: October 12, 2007 Re: Proposed Permit to Construct a Dock for EVE SEBER, AS CONTRACT VENDEE SCTM#70-6-18 EVE SEBER, AS CONTRACT VENDEE requests a Wetland Permit to construct a 4'X 16' ramp onto a 4'X 50' fixed dock with a 32"X 20' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock with a 4'X 4' access platform, and install two 8" dia. anchor pilings. Located: 3025 Pine Neck Rd., Southold. SCTM#70-6-18 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Progrmn (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 5. Protect and improve water quality and supply in the Town of Southold. To further the above policy and to reduce turbidity in the event that the proposed action is approved~ the following Best Management Practice is recommended: The encirclement of the entire proiect area during construction with a silt boom or floating turbidit~ 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. 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. 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 all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed dock extends beyond the "pier line" of the adiacent docks in the waterway. It is recommended that the Board apply the below listed section of § 275-11. Construction and operation standards. (2) Docks. (b) Dock locations and lengths. [Amended 10-11-2005 by L.L. No. 17- 20051 (c) Reeulations for the placement and configuration of docking facilities. Ill I Residential docks. [Amended 10-11-2005 by L.L. No. 17-20051 Icl In determining the permitted length of a proposed residential dock~ the Trustees shall seek to maintain lengths consistent with the other docks (i.e. pier line) in the waterway which meet the requirements of this chapter. In addition 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 water~vays 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; The construction materials (type of timber) of the proposed dock has not been identified. It is recommended that the Board require the applicant identify the construction materials. The use of "grid" material for the fixed dock will minimize shading of the creek bottom. [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 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. 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. 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 rights 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 tnarinas. 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. 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: when necessary for practical and convenient operation of water- dependent industry or commerce, and provided that obstruction of commercial navigation does not result. 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. 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 (v) for essential public transportation and transmission facilities. The proposed action is proposed as private, noncommercial and will not support a pattern of development that enhances community character nor preserves "public" access or provides a public benefit and therefore does not meet the above policy and sub- policies. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. Foster the occurrence and abundance of the Town's marine resources through: 1. protection of spawning grounds, habitats, and water quality, It is recommended that the proposed action be amended to further the above listed policies to the extent practical. Figure 1. Subject parcel. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 'To~'n of Southold LWRp CONSISTENCY ASSESS1V[ENT FO~d~ [; INSTRUCTIONS Ail applic~ts for pe~ts including Town of Sou~old ageneies shall proposed actions ~at ~e subject to ~e Town ofSouthold Waterffon assessment is intended to su~ement other info~ation ma~ng a detestation of consistmcy. *Except minor exempt actions including and other ministerial pemits not located within the Coastal Erosion Hazard A rea. Before answering the questions in Section C, the preparer of this form should review the minor action list, policies and explanations of each policy contained in the Town of Southold Waterfi'ont Revitalization,Program. A proposed action will be evaluated as to its beneficial and adverse effects upon the coastal area (which includes ali of Southold To;~ n) If any question in Section C on this form is answered "yes", then the proposed action may ackievement of the LWRP policy standards and conditions contained in the consistency Thus, the action should be analyzed in more detail and, if necessary, modified prior to determination that it is consistent to the maximum extent practicable with the L\\rRP standards and conditions. If an action cannot be certified as consistent with thc standards and conditions, it shall not be undertaken. SCTM# ~O ~ I_~ 8E? The Application has been submitted to (check appropriate response){ TownBoard [] Planning Dept. F~ Building Dept. r'~ BoardofTrustees 1. Category of Town of Southold agency a~tion (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, plarmJng activity, agency regulation, land transaction) (b) Financial assistance (e.g. grantl loan, subsidy) A copy of the LWRP is available in the following places: online at the Town of Southokt's (southoldtown.northfork.net), the Board of Trustees Office, the plapamng Department, ~i11 local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION (c) Permit, approval, license, certification: Natllre and extent of action: , Site acreage: I. ~ aC_V'C ~ rresent land use: ~,~tll~, ~amll~ Present zo~g cl~sificatio~: ~l~- If ~ apphcation for ~e propos~ action h~ been filed ~i~ ~e Town of Southold agency, the following info~ation sh~l be prohded: (a) N~eofapplic~t:[y~ ~1 I (c) Telephone nmber: ~ea Code ( ) (d) Applicat~n nmber, iffy:. Will the action be directly Undertaken, require funding, or approval by a state or federal agency? Yes ~"4o ~] If yes, which state or federal agency? KC, DI2>~i ACO _~- _ .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 Applicabl~ Amach 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 51No Not Applica .--_ At. ch 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 [] No ]x~ Not Applicabtc-~, 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 Applicab]e---[--~ 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 neqcssary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III ?olicie~ Pages 32 through 34 for evaluation criteria. - [] Not Applicable At~ach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and h.azardous 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 WORKING 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 Applic. abte--~ Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, ghe Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~ Yes [~ bio [] Not Applicab[~----~ 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~ NotApplicabiff ~/eo_%d ~,/~44~C/CdJ Anach 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. Created on 5/25/05 11:20 AM · Date: To: Proposal: September 13, 2007 Southold Town Trustees and Mark Terry Construct a 4'x16' ramp up to a 4'x50' fixed dock with a 32"x20' seasonal aluminum ramp onto a 6'x20' seasonal floating dock. Install two 8" diameter anchor piling. DEVELOPED COAST POLICZES Policy 1 Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient uso of infrastructure, makes beneficial uso of a coastal location, and minimizes adverse effect~ of development. Our proposal is consistent with this policy in that it a dock structure that will be utilized by the property owner to access his boat in order to access larger bodies of water. Our proposal makes beneficial use of this waterfront location. Waterfront property is the only appropriate location for a dock. The addition of this structure will not increase adverse effects on development. Policy 2 Preserve historic resources of the Town of Southold. This project location has no significant historic resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal will not have a negative impact on the visual quality or scenic resources· Any disturbance to the indigenous vegetation during the initial construction is expected to re-establish its self within a season's time. The size of our dock structure is appropriate for this area. We ~re proposing a small 4' wide structure to access deep water then place a 6'x20' seasonal float to service a small boat. NATURAL COAST POLZCZES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. Our proposal has no impacts on the flooding or erosion of natural resources. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will not have any impact of the water quality or supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. Our proposed dock facility will have minimal effects on the ecosystem. During the initial construction there will be a disturbance to the ecosystem but this area will easily re-establish itself within one season. We have submitted application to all other governing agencies (DEC, ACOE, DOS) and we will adhere to any special conditions placed on this project in order to protect the wetlands on this site. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will not have any impact on the air quality in the Town of Southold. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. Our proposal will not influence the environmental degradation in the Town of Southold from solid waster and hazardous substances and wastes. PUBLIC COAST POLTCTES Policy 9 Provide for public access t~, and recreational uso of, coastal waters, public lands, and public resources of the Town of Southold. Our proposal will give the property owner the ability the access his boats and engage in the recreational use of coastal waters. The dock will not inhibit others ability to access these same waters. 'Page 2 of 2 LWRP for Seber WORK/NG COAST POLICIES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations, This is a waterfront piece of property. With the addition of this dock facility the properly owner will be able to access his boat to engage in water-dependent activities such as kayaking, fishing, site seeing, water-skiing and swimming. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. Our proposal is minimal in size so there won't be much impact on the living marine resources. The dock will be only be 4' wide minimizing the shading of the existing vegetation. The structure will also be constructed a minimum of 3 1/2 feet over grade allowing for significant sunlight penetration. With adequate sunlight penetration, the wetlands will continue to thrive allowing them to maintain their function of providing food and shelter for small fish. Policy 12 Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. Our proposal will not have any impact on the development of energy and mineral resources. SEP 2 4 2007 Board of Trus!ees -/- 7 .Z:) E T.~ IL.