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HomeMy WebLinkAbout1000-78.-7-9 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: October 15, 2007 Re~ Proposed Pe~xnit to Construct a Dock for DOMINIC NICOLAZZI SCTM#78-7-9 DOMINIC NICOLAZZI requests a Wetland Permit to install a 4' X 100' on-grade walk, 4'X 20" wood chip path, 3'X 60' elevated walk, min. 2.5' above grade, 4'X 125' wood chip path, leading to a 3'X 53' timber dock with 4'X 8' steps to grade. Located: 105 Waterview Dr., Southold. SCTM#78-7-9 The proposed action has been revie~ved 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 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, The use and need for the dock is unsubstantiated. The proiect area demonstrates shallow water depths in the vicinity of the dock structure area 1.8' and 0.8' ALW respectively. The installation of the proposed structures may promote power boat traffic and the possible following negative impacts may occur from vessel use: 1. Impacts to submerged aquatic vegetation, 2. Contamination from fuel discharges (if power vessels are proposed) 3. Erosion on shorelines, and 4. Re-suspension of bottom sediments and turbidity 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 ~vith a silt boom or floating turbidity screen to control the dispersal of suspended solids in the water column. Policy 6. Protect and restore the quality and fnnction of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and xvetlands. 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. The proposed action is located within a marine wetland. Activities during dock construction can destroy vegetation either above or below the tide line by pulling them from the substrate or destroying their root system. The peat beds underlying salt marshes can also be compacted through the improper use of heavy equipment. T!~c i' 'Ol3osed construction practices of the dock have not been identified. It is recommended that the applicant identify the proposed construction practices. 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. 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 waterways 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 (~pe of timber) of the proposed dock and catwalks have not been identified. In addition~ plans indicate that water depth in the vicinity of the dock structure is 1.8' and 0.8' at ALW respectively. [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; The proposed dock and elevated catwalks will result in a net loss of a Critical Environmental Area. [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; The applicant does not propose grid decking therefore the structure will result impede the growth of shellfish. Whether the dock would impede the growth of sea- grass is unknown the applicant has not submitted information on whether seas ~rass is present or absent in the area. [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 corrununity; [ 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 marinas. 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. The applicant currently enjoys access to the water body. The proposed length of the dock structure will impede navigation of Goose Creek. In addition the dock structure would impede public access to navigable waters below the line of mean high water. Due to environmental constraints of this location (tidal wetlands, shallow water depth of this area)~ the proposed action mag not be suitable in the proposed location. The applicant currently enjoys access to the water. A_ mooring in areas of greater water depth is a better alternative and wonld further the above policies. 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: a. when necessary for practical and convenient operation of water- dependent industry or commerce, and provided that obstruction of commercial navigation does not result. b. 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. c. 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 (iv) for essential public transportation and transmission facilities. Ensure that navigable waters and marine navigation, whether on land or sea, are not obscured or rendered ineffective through poorly placed or directed lighting. The proposed action is private~ noncommercial and will not support a pattern of development that enhances community character nor preserves "public" access or public recreational activities. 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 l. Nicolazzi 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. Town of Southold ~' ~(-~ LWRP CONSISTENCY ASSESSMENT FORM II~F A. INSTRUCTIONS All apphc~ts for pe~ ~ncludmg To~ of Sou~old agenc,e~, ~1 c~mpl~AF for proposed ac?o~s ~at ~e subject'to ~e To~ of Sou~old Wate~o~ C~stency Revie~ Law. ~s ~sessment ~s intended to supplement o~er ~o~ation used by~o~~old~ m~ng a dete~ination of consistency. *~xcept minor exempt actions inCluding Building Permits and other ministerial permits not located Within the Coastal Erosion H~ard ~rea. 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 supportin~ and non suooorting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not bc 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, local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION ii; "; SCTM# /D O © '7¢ 7 - ' PROJE The Application has been submitted to (check appropriate response): · o n.oa 1. Category of Town of Southold agency action check a ro date res nsc - · ( pp p po ). (a) Action undertaken directly by Town agency (e.g. capital [~ ~c.~ .'~l, 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 actmn: 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) Nameofapplicant: ~o~,,~,c_/~t~-o~ r (b) Mailing address: /~-- (c) Telephone number: Area Code (~o) do 7 - 700 '? (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? A./o.,x~ ~ C. Evaluate the project to the following policies bF 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 ~ Yes [] No ~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and pi'otect scenic resources throughout the Town of Southoid. See LWRP Section IIl- 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 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 [] 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 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~ 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 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. 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 [-~ Not Applicable DATE ~//~/0 ? PREPARED BY x'~ r-),,,,,,A. IC A/t E'a'L/</2e./TITLE o c~rU~c 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. [] Yes ~ No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreatio'nal 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 Applicont: Dominic. Nic.olozzi ~-. Proposed: Dock ~ INolks ~+~. Purpose, Prlvol;e Moorinq ~ Lo,.- N 4I-O2-DD / Lon~.- H ~225D2 /' ~T~ /' ~uthold, ~ York ...' Tide Ron~: D~[um: A.L.H. Proposed Timber I~.oil ~ock - ,D' x (min. 2.5' ob, v. ~rJ I" = r~lt:h 4' x ~' steps ~0' N Propoeed O~ o~hers Cross Sections Stole: I" = 20' Proposed Timber Dock - D' x ~¢9~ 0~' . (min. 2.5' obove qrode) ,o¢ n¢~ ond~ ~lth 4' x ~-~r~z~ o*rm 4 X 4 ~ OlC ,A ~q ; .u ,:,.¢ :0 'T/z- SEA LEVEL MAPPING : Sheet I OF I