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HomeMy WebLinkAbout1000-37.-4-18 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 Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Planner Date: May 7, 2008 Chapter 268: Waterfront Consistency Review Wetland Permit for GARDINER'S BAY ESTATES HOMEO~VNERS ASSOC. SCTM#37-4-18 Costello Marine Contracting Corp. on behalf of GARDINER'S BAY ESTATES HOMEOWNERS ASSOC. requests a Wetland Permit to remove one 4'X 48', two 3'X 14', one 6.2'X 16' existing floating docks and two existing anchor pilings entirely; remove existing 3'X 13.5' wooden ramp; extend existing 3'X 25' fixed dock 10'; reinstall floating docks and pilings that were removed 15' further west and 10' further south than previous; reinstall existing 3'X 13.5' wooden ramp; and install one new 4'X 30', one 4'X 20' floating dock section and one new anchor piling on the east end. Located: Gardiner's Bay Estates. SCTM#37-4-18 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 LWRP policy standards and therefore is INCONSITENT with the LWRP. Pursuant to § 275-11 Construction and operation standards for docks-in the water structures~ floating docks may be no larger than six feet wide and 20 feet long except on Fishers Island if the need is demonstrated. The proposed action includes a floating dock significantly larger than the permitted 6' x 20' floating dock pursuant to § 275-11. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. The applicant must demonstrate that the following dock standards pursuant to § 275-11 Construction and operation standards have been met. 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: Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities; Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; Whether the doek will significantly impair the use or value of waterfront property adjacent to or near the dock; Whether the dock will cause degradation of surface water quality and natural resources; Whether the dock will cause habitat frugmentation and loss of significant coastal fish and wildlife habitats; FFhether the dock will resuh in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; Whether the dock will unduly restrict tidal flow or water circulation; Whether the dock will be safe when constructed; Whether the dock will adversely affect views, viewsheds and vistas important to the community; Whether the cumulative impacts ora 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 Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service Policy 5 Protect and improve water quality and supply in the Town of Southold. To reduce a dock's potential adverse impacts to the marine environment preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any part of a structure in low tidal flow wetland areas as determined by the Trustees. Whereas the proposed proiect description does not describe the type of materials to be used. The use of pre-treated lumber with any preservatives as defined in § 275-11 as (any part of a structure) in Iow tidal flow wetland areas will be determined by the Trustees. § 275-11 Construction and operation standards. C. In water. The following standards are required for all in-water operations adjacent to residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water-dependent nature of their use. (2) Docks. Standards for residential and commercial docks; general rules. It shall be the policy of the Town of Southold that all docks shall be designed, constructed and located so as to reduce a dock's potential adverse impacts to navigation, public safety, waterway congestion, access to public trust lands and water, and natural resources and habitats. The following standards will. In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use oflumber pre-treated with any preservative, including but not limited to chromated copper arsenate (also known as "CCA "), commercial copper quat (CCQ), penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any part of a structure in low tidal flow wetland areas as determined by the Trustees. The use of creosote is prohibited. The use of tropical hardwoods is prohibited unless it is certified by the Forest Stewardship Council or similar organization. Materials used for structural components shall be at the discretion of the Trustees. [Amended 12-18-2007 by L.L. No. 23-2007] Minimize the use of CCA treated wood in structures constructed within the marine environment. To~n of Southold LWRP CONSISTENCY ASSESSN[ENT FORM A. INSTRUCTIONS All applicants for permits* including Town of' Southold agencies, shall complete t~lis k(.-",~ tor proposed actions that are subject to the Town of Southold Waterfront Consistency Review k~ assessment is intended to supplement other information used by a Town of Southold a~c~xcx mak/ng a determination of consistency. *ExceFt minor exemFt actions incl;~ding and other ministerial Fermits not located within the Coastal Erosion Hazard ~rea. Before answering the questions in Section C, the preparer of this form should reviexx tt~e minor action list, policies and explanations of each policy contaioed in the Town ol' 5outllokl Waterfront Revitalization Program. A proposed action will be evaluated as to its beaeficiaI and adverse effects upon the coastal area (wl:~ich includes all ofSouthold 'i'o~x n) .5. If any question iii Section C on tbSs form is answered "yes", then the proposed action achievement of the LWRP policy standards and conditions contained in the consistenc~, Thus, tile action should be analyzed in more detail and, if necessary, modified determination that it is consistent to the maximum extent practicable with tine standards and conditions If an action carmot be certified as consistent with the standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town ofSoulhol¢I's xx c/>s~ic (southoldtown.northfork.net), the Board of Trustees Office, the plammng Depa~lment. a~ll Ioca~i libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION (a) (b) [:inancial assistance (e.g. grantl loan, subsidy) The Application has been submitted to (check appropriate response): Town Board [~ Planning Dept. ~] Building Dept. [] Board of Trustees 1. Category of Town of Southold agency action (check appropriate respouse): Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transact/on) (c) Permit, approval, license, certification: Project Description: · Remove one 4'x48', two 3'x14', one 6.2'xl fit existing floating docks and two existing anchor pilings entirely. · Remove existing 3'x13.5' wooden ramp. · Extend existing 3'x25' fixed dock 10' · Reinstall floating docks and pilings that were removed 15' further west and 10' further south than previous · Reinstall existing 3'xl3.5' wooden ramp · Install one new 4'x30', one 4'x20' floating dock section and one new anchor piling on the east end. Present land use: ~_D~.7 ~. ~oCtO~ tVI Presmt zomg cl~sificafion: If ~ apphcation for ~e proposed ~0n h~ 'be~ filed ~ ~e To~ of Southold agency, the following i~o~afion sh~l be prohd~: . ¢) M~hng address:'" '~ ~X ',~ (c) Telephone n~ber: ~ea Cod~ () (,~[ - 4~ ~ O~ ~ (d) Applica~n n~ber, iffy: Will the action be directly ~de~ea r~e ~&g, or approv~ by a state or federal agency? Yes ~ NO ~ If yes, w~ch state or fed~ agenc~ ~'9~ ~ a'~/ ~C~ 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 qf a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. .~ 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 Applioabte~ 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~ Applicable . /~ ;fd0L~ Not . . j_ _. 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 :16f~r' evaluation Criteria Yes No ot Applicable-~ A~tach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section II1 -7 Policies Pages 16 through 21 for evaluation criteria Attach additionaI 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 n~qessary Policy 7. Protect and improve air'quality in the Town of Southold. See LWRP Section III - ?olicie~ Pages 32 through 34 for evaluation criteria. Yes ~ No [~ Not Applicable Aaach 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. 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 suit~able locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes ~ No A~ach 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. A~tach additional sheets if necessary Policy.12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Page~ 62 through 65 for evaluation criteria. [] Yes [~ No'Not Applicabt~----~ 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. Creczred on 5/25/05 J ].'20 AM Date: To: Proposal: April 25, 2008 Southold Town Trustees and Mark Terry Remove one 4'x48; two 3'x14; one 6.2'x16' existing floating docks and two existing anchor pilings entirely. Remove existing 3'x13.5' wooden ramp. Extend existing 33(25' fixed dock 10' Reinstall floating docks and pilings that were removed 15' further west and 10' further south than previous Reinstall existing 3'x:[3.5' wooden ramp Znstall one new 4'x30', one 4'x20' floating dock section and one new anchor piling on the east end. DEVELOPED COAST POL/C[ES 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 effects of development. Our proposal is consistent with this policy in presently there is an existing dock and with the additional dock section will allow the members of the Homeowner's Association to cater to these member small beats. The proposed location provides enough space for safe navigation and it is located in an area where the wetlands are scarce. 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. This proposal is consistent with the area. This property has an existing dock and other private docks are near by, NATURAL COAST POLTC/ES POlicy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. This project has will have no flooding or erosion concerns. Policy 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. When the pilings are removed and reinstall there will be a disturbance to the ecosystem but nothing that will not re-establish within a few weeks. We have submitted application to all other governing agencies (DEC, ACOE, DOS) and we will adhere to any special condiUons 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 degradaUon 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. PUBLZC COAST POLTCXES Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Our proposal will give the property owners the ability the access their boats and engage in the recreational uso of town waters. The dock will not inhibit others ability to access theso same waters. The entire structure will not extend pass the Homeowner's Association's owned underwater lands. WORKING COAST POLTC][ES 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 section of dock, members will be able to safe board their boats. The members of this association wilt be engaging in water-dependent activiUes such as kayacking, fishing, site seeing, water-skiing and swimming. Policy :!.1 Promote sustainable use of living marine resources in the Town of Southold. The proposod location was choson to protect the tidal wetlands as much as possible. The additional section of dock is minimal in size and will have limited negative impacts on the living marine resources. Policy 12 Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southotd. Policy 13 Promote appropriate use and development of energy and mineral resources. Our proposal will not have any impact off the development of energy and mineral resources.