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Home My WebLink About1000-117.-5-30 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 Permit to Construct a Dock for ROBERT MARSTON & JOHN GARDINER SCTM#117-5-30 Note, that the bottomland of School House Creek is owned by L. Tuthill (SCTM# 1000-117- 5-47). ROBERT MARSTON & JOHN GARDINER request a Wetland Permit to construct a fixed dock, consisting of a 4'X 48' fixed catwalk (constructed with fiberglass-reinforced decking and elevated 2.5' above grade); a 4'X 14' ramp; and a 6'X 20' float secured by (2) 6" dia. pilings. Located: 7065 New Suffolk Rd., New Suffolk. SCTM#117-5-30 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the To~w~ 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 ~vater 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 turbidity screen to control the dispersal of suspended solids in the water column. Policy 6. Protect and restore the quality and function of the To;vn 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. 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. The proposed 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. On-site inspection indicates that the applicant has not re-vegetated the area in order to improve the shoreline pursuant with Permit Number 6548 issued on March 21~ 2007. (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 ham~ful effects: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; It is recommended that the Board determine if the distance between the end of the marina dock and proposed dock exists with vessels moored at each end. [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 ~vill 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 significaut coastal fish and wildlife habitats; Policy 9. 9.4 E. [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. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. 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 proposed length of the dock structure may impede navigation of School House Creek. A marina docking facility is located opposite of the proposed dock structure. The impediment would depend on the width of vessels moored at the terminus of each dock structure. Due to the width of the creek and vessel traffic, the placement of a mooring adjacent to the parcel is not a good alternative. 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 co~mnercial 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 proposed as private~ noncommercial and will not support a pattern of development that enhances community character nor preserves "public" access. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Toxvn 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. 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 l, LWRP CONSISTENCY ASSESSMENT FORM Allappiicantsf0rpermits* including T0wn0fS0uth01d agencies, shallc0mpIetethisCCAF for proposed actions that are subject to t~u Town of S0uth01d W aterfr0nt Consistency Review Law. This assessmentisintendedt0supplement0therinf0rmati0nusedbyaT0wn0fS0uth01dagencyin m n k in g a d ete r m in a ti0 n 0 f c 0 n s is t e n c y~ *Except minor exempt actions including, Building Permits 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 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- supportin~ 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: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. ~,,,rx ° B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ~17 s _ 30 PROJECT NAME ROBERT MARTSON & JOHN GARDINER i,! ~ The Application has been submitted to (check appropriate response): TownBoard ~ Planning Board F--] BnildingDept. l'~ Board of Trnste~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital I'~ 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: CONSTRUCT A FIXED DOCK, CONSISTING OF A 4' X 48' FIXED CATWALK (CONSTRUCTED WITH FIBERGLASS-REINFORCED DECKING AND ELEVATED 2.5' ABOVE GRADE); A 4' X 14' RAMP; AND A 6~ X 20' FLOAT SECURED BY (2) 6" DIAMETER PILINGS, ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC., DATED SEPTEMBER 13, 2007. Town } ~anni~ Boa~ Location of action: 7065 NEW SUFFOLK ROAD, NEW SUFFOLK Site acreage: 0.465 Present land use: UNDEVELOPED~RESIDENTIAL WITH DWELLING UNDER CONSTRUCTION Present zoning classification: R-40 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: ROBERT MARSTON & JOHN GARDINER (b) Mailing address: 1717 SOLANO WAY, APT. 34 CONCORD, CA 94520 (c) Telephone number: Area Code 925-963-6665 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ No [~ lfyes, 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 ali 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. I--lYes No X 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 The proposed dock is consistent with Policy 3 insofar as it shall be located immediately adjacent to a commercial marina facility and a plethora of similar docks in a heavily populated maritime area of School House Creek and will therefore not alter any pristine or other shoreline elements which contribute to scenic quality. The proposed dock has also been limited to the water surface coverage and waterway intrusion that is the minimum amount necessary. The specifications of the proposed dock are consistent with those allowed by the Board of Trustees pursuant to Chapter 275 and its associated policies, and the ramp and float will be removed seasonally to further minimize the structure's intrusion on the waterway. 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 Insomuch as Policy 5 is applicable to the project, the dock will be constructed with fiberglass-reinforced decking to minimize potential water quality impacts. 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 ~q~icable The project is consistent with Policy 6 with respect to all of its applicable components. The proposed dock has been designed and located so as to avoid any potential physical loss degradation or functional loss of ecological components. The dock will be constructed with fiberglass-reinforced decking and be situated within a maritime area heavily populated by similar docks and immediately opposite a commercial marina facility. Therefore, there will be no "fragmentation of ecological communities" caused by installation of the proposed dock, and there will be no net loss &tidal wetlands. The project will meet the statutory and regulatory requirements of Article 25 (Tidal Wetlands) of the NYS ECL and Chapter 275, most specifically .~275-27(C)(2) and §275-28 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 111 - Policies; Pages 38 through 46 for evaluation criteria. Yes ~ NON---] Not Applicable The project is consistent with Policy 9 in that the location, configuration, and seaward intrusion &the structure will maintain unobstructed passage along public trust shorelands and navigation in navigable waters. Specifically, as depicted in the attached aerial photograph, this maritime area of School House Creek is heavily populated by similar dock structures and a commercial marina facility, and this dock will be of similar scope and situated in line with those neighboring structures. The seaward extent of the dock will also be less than one-fifth of the width of the waterway, thus intruding significantly less into the waterway then the marina docks located on the opposite side of the creek. Given these factors, in addition to the water-dependent nature of the proposed use; the use of fiberglass decking, the seasonal removal of the ramp and float; and the absence of adverse economic impact on existing commercial enterprises or navigation, the project is more specifically consistent with Policy Section 9.3. 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 IH - Policies; Pages 47 through 56 for evaluation criteria. [~ Yes ~-] No ~] Not Applicable With respect to the applicable sections of Policy 10, the project is consistent because the dock will be situated in a heavily populated maritime area, which is characterized by dozens of similar dock structures and a commercial marina facility. As such, the proposed dock will neither alter nor adversely impair the surrounding community character, water use, or scenic quality. 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 [5~ 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 [5~ 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 [5~ Not Applicable PREPARED BY R~HE ROBE RRMANN TITLEcoASTALMGMTSPEClALlST DATE 9/19/07 Amended on 8/1/05 Old Cove ~ ~, / ,, \ "... "-.. ,~ +- ~, s e ~ ....... o ~ \ ',,x '-. -~ '-.. .... . u r e e kl N~ X ', % '"'- '"'-. _~, "-.. ~ ;~;-~LBAT ...... ~ ~FIXED CATWALK ~ ~ Ex. 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FOX NY8 P~ ~197 BOARD OF SOUTHOLD TOWN TRUSTEES sOUTHOLD, NEW YORK DATE: MARCH 21 2007 PERMIT NO. 6548 ISSUED TO: BOB MARSTON PROPERTY ADDRESS: 7065 NEW SUFFOLK RD.~ NEW SUFFOLK SCTM#117-5-30 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on ideration of avplication fee in the sum of $2--50.00 paid by Bob___Marsto~.and subject March 2l 2007_, an.cl. ~ cons .... to'-~,,h~tion the Southold Town Board of Trustees authorizes and the Terms and Condttxons as statea tn me · ........ the following: Wetland Permit to demolish the existing dwelling and construct a new 862 sq. ft. dwelling and sanitary system, with the condition gutters and drywells are installed to contain the roof run-off, a line of staked hay bales is installed along the 4' contour line during construction and left in place in order to establish a non-disturbance buffer, a pervious driveway, no lawn area or fill on property, and to re-vegetate the area in order to improve the shoreline, and all as depicted on the site plan prepared by Samuels & Steelman Architects dated April 28, 2006 and planting plan dated April 27, 2007. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. Dave Ber~