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Home My WebLink About1000-70.-4-18 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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 LWPd~ Coordinator Date: February 20, 2008 Re: Proposed Permit to Construct a Dock for CHRISTIAN & HEIDI FOKINE SCTM# 70-4-18 CHRISTIAN & HEIDI FOKINE request a Wetland Pemait to remove the existing steps, and to construct a 4'X 51.4" catwalk using transparent plastic oralam grated decklng, a4X 12 10 prefabricated metal ramp, and a 5'X 12' floating dock. Located: 2505 Wells Ave., Southold. SCTM#70-4-18 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization 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 dock structure proposes "treated lumber" with the treatment unspecitied. It is recommended in the event that tbe dock is approved and to further tbe above policy that the Board prevent the use of chromated copper arseuate (CCA) treated wood in the construction oftbe structure pursuant to § 275-11. B,1 (t) Construction and operation standards below. 09 Jn order to prevent the release of metals and other contaminants into the wetlands aad waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA '), creosote, penta products or homemade wood preservatives is' prohibited for use in sheathing and decking. Preservatives of any type, including but not limited to those listed above cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native nonchem&ally treated Omtreated) lumber only should be used in sensitive areas. Further it is recommended that the Board require the installation of a silt boom (where feasible) pursuant to § 275-11. (2) Construction and operation standards below. 2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a sill fence, hay bales, wood chip berm and silt booms. The placement pi'the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation oJ'a silt boom that will retain all suspended sediments within the invnediate project area. 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. 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. A. 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 (type of timber} are identified as treated lumber with the "treatment" unspecified. [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; The applicant proposes plastic oralum decking~ therefore the structure will allow light penetration of the wetland vegetation and water column. The absence or occurrence of sea- grass in the proposed construction area is unknown; no information has been submitted. [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. 9.4 E. 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 applicant currently enioys access to the water body. The proposed length of the dock structure will impede navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes of Jockey Creek. Due to environmental constraints of this location (tidal wetlands~ 2'.6" water depth of this area at Iow tide), the proposed action may not be suitable in the proposed location. The applicant currently enjoys access to the water. A mooring in an area with greater water depth is a better alternative and would 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 under~vater 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) ibr 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 communiW 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 practicable. 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 A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF proposed actions that are subject to the Town of Southold Waterfront Consistency Review assessment is intended to supplement other information used by a Town of Southold in making a determination of consistency. *Except minor exempt actions including Permits and other ministerial permits not located within the Coastal Erosion Hazard Ar Before answering the questions in Section C, the preparer of this minor action list, policies and explanations of each policy contained i Waterfront Revitalization Program. A proposed action will beneficial and adverse effects upon the coastal area, If any question in Section C on this form is answered "yes", achievement of the LWRP policy standards and c Thus, the action should be analyzed in more determination that it is consistent the maximum standards and conditions. If an cannot be standards and conditions, it shall not be review the exempt Southold Local as to its significant d Town). the proposed action may affect the e consistency review law. modified prior to making a practicable with the LWRP policy as consistent with the LWRP policy A copy of the LWRP is available in the e at the Town of ~old's website (southoldtown.northfork.net), the Board of Trustees (~fice//the Plamlj~ Depari~ent, all local libraries and the Town Clerk's office B. SCTM# 070 - 04 - 18 N~ The Application has been submitted to (check appropriate response): Town Board [-~ Planning Dept. [-~ auilding Dept. [] BoaVd,-orrvii~6e;'[] 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: Remove existing steps, construct 4' wide by 51'4" long open pile catwalk using plastic grating to allow light transfer, 4' wide by 12' ~,,~t~l £=mp ~,d 5' by 12' flu~L. Location of action: 25o5 Wells Ave. Site acreage:. 31,216.03 sf Present land use: Residential Present zoning classification: R-,IO 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: Christian & Heidi Fokine (b) Mailing address: ?0 Box 1563 Shelter Island, NY 11964 (c) Telephone number: AreaCode (). (631) 749-1981 (d) Application number, if any:. n/a Will the action be directly unde~aken, require funding, or approval by a state or federal agency? Yes [] No ~] If yes, which state or federal agency? 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 - please explain) Parcel is in an existing residential development. Several nearby residences have open pile catwalks extend(nq into Jockey Creek. 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 - please explain) The proposed dock will have no impact on historic resources of Southold Town. The site is not of known historic or archeoloaical sianificance. 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 - please explain) The area is populated with docks and bulkheaded properties. The proposed dock will be in harmony with the visual quality of the area. Providing the catwalk with grating will 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 - please explain) While much of the Jockey Creek shoreline in the area has experienced hardening through bulkheading, this DroSect reauires no shoreline stabilization or erosion control, 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 - please explain) The project will have no impact on groundwater either through consumption or recharge. 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 F--~ No [] (Not Applicable - please explain) Construction of open pile catwalk will eliminate foot traffic on high marsh area. Grated deckinc will allow sunlicht transmission to areas below. 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. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes ~-~ No [] (Not Applicable - please explain) The project will not change the residential use of the property and/or area. 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 - please explain) The project will not change the residential use of the property and/or area. 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 II1 - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes~ No ~-~ (Not Applicable - please explain) There are no access points to the shoreline in the area of the project. 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 ~'q No [] (Not Applicable - please explain) Project will enable access to the surface waters for recreational uses (swimming, boating, kayaking, canoeing, etc.) Attach additional sheets if necessary Policy I1. 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 - please explain The project will not affect marine fisheries, stock or populations of fish and wildlife species. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section Ill - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [~ No [] Not Applicable - please explain The parcel will continue its residential character and have no affect on agricultural land. 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. 7q Yes [] No Not Applicable- please explaiu Upon completion, the pro3ect will not require energy consumption. DATE ~_~0~ EXISTING ST~PS TO BE REMOVED DOCK PLAN DECKING TJD BE TRANSPARENT HIGH MARSH AREA LOCATION MAP NTS U / METAL RAMp JOCKEY CREEK ~7 AppARENT 66' TO OTHER SHORE TYp. U I ELEVATIONS AND DISTANCES BASED UPON SITE SURVEY SY: NATHAN TAFT CORWIN III DATEO 9-13-2006 LAST REVISED 11-19-07 FOKINE PROPERTY PROPOSED DOCK PLAN POKO703 JOCKEY CREEK TOWN OF SOUTHOLD SHEET [V~JMBER: C-I