HomeMy WebLinkAbout1000-70.-4-18 OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, N-Y
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
To: Jim King, President
Town of Southold Board of Trustees
From: Scott Hilary/Mark Terry, LWRP Coordinator/s
Date: May 7, 2008
Re:
Chapter 268: Waterfront Consistency Review
Wetland Permit for CHRISTIAN & HEIDI FOKINE
SCTM#70-4-18
Polywaters Permits LLC on behalf of CHRISTIAN & HEIDI FOKINE requests a Wetland
Permit to construct a 4'X 64' fixed catwalk and 4'X 8' stairs, using 6" treated wood pilings and
transparent plastic oralam grated decking. 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 LWRP policy standards and therefore is
INCONSISTENT with the LWRP.
Policy 5 Protect and improve water quality and supply in the Town of Southoid.
It is recommended in the event the dock is approved and to further the above LWRP policy
5, that the Board of Trustees prohibit the use of (CCA) treated lumber in the construction
of the proposed action pursuant to § 275-11. To reduce a dock's potential adverse impacts
to the 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. The proposed proiect description describes the use of
(20) 6" treated wood pilings. The use of treated pilings 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.
In water. The following standards are required for all in-water operations adjacent to
residential properties. Operations conducted on properties zoned MI or M2 may be given greater
flexibility in these requirements given the water-dependent nature of their use.
(2) Docks.
(a) 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
wedauds and watets of Southold, the use of lumber pre-treated with auy
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 shah be at the discretion of the Trustees.
[Amended 12-18-2007 by L.L. No. 23-2007]
Policy 6 Protect and restore the quality and function of the Town of Southold
ecosystem.
6.1 Protect and restore ecological quality throughout the Town of Southold.
6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats.
A. Protect Significant Coastal Fish and l, Vildlife Habitat values from uses or
activities that would:
1. Destroy habitat values associated with the designated habitat through:
a. direct physical alteration, disturbance, or pollution, or
b. indirect effects' of actions, which would result in a loss of habitat.
The proposed action is located with in a Tidal Wetland system in the Jockey Creek area.
This natural system is typical in the Town of Southold, which recognizes the importance of
nrotectine and enhancing this wetland and associated habitats. Activities durin~
construction can have potential negative impacts on the resource. Where destruction or
impairment of habitat values cannot be avoided~ minimize potential impacts of land use or
development through appropriate mitigation. Use mitigation measures that are likely to
result in the least environmentally damaging feasible alternative.
Mitigation includes:
B. Where destruction or significant impairment of habitat values cannot be avoided,
minimize potential impacts of land use or development through appropriate
1. Avoidance of potential adverse impacts', including:
b. scheduling activities to avoid vulnerable periods in life cycles or
the creation o fun favorable environmental conditions,
c. preventing fragmentation of intact habitat areas.
2. Minimization of unavoidable potential adverse impacts, including:
a. reducing scale or intensity of use or development,
b. designing projects to result in the least amount of potential adverse impact,
c. choosing alternative actions or methods that would lessen
potential impact.
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 Jbr all Andros Patent and other lands under their
.jurisdiction
1. 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.
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, shellfishing, waterskiing and other water-dependant
activities;
[3] Whether the dock will unduly interfere with transit by the public along the public
beaches or fbreshore;
[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 significant coastal
fish and wildlife habitats;
[7] Whether the dock will result in the destruction of or prevent the growth of
vegetated wetlands, seagrasses 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;
[l O] Whether the dock will adversely affect views, viewsheds and vistas important to
the community;
[11] 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
[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 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 low tide), the proposed action may not be
suitable in the proposed location. The applicant currently en. ioys 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 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 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.
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
MAILING ADDRESS:
P.O. Box 1179
Southold, N-Y 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 Trusteesy
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: February 20, 2008
Proposed Permit to Construct a Dock for CHRISTIAN & HE1DI FOKINE
SCTM# 70-4-18
CHRISTIAN & HEIDI FOKINE request a Wetland Permit to remove thc existing steps, and to
construct a 4'X 51.4" catwalk using transparent plastic oralam grated decking, a 4'X 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, Watcrfront Consistency Review of the Town of
Southold Town Code and the Local Waterfront Revitalization Program (LWP, P) Policy Standards. Based
upon the information provided on the LWRP Consistency Assessment Foden 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 structnre proposes "treated lumber" with the treat~nent unspecified.
It is recommended in the event that the dock is approved and to furtber the above policy that the
Board prevent the use of chromated copper arsenate (CCA) treated wood in the construction of the
structure pursuant to § 275-11. B,1 (f) Construction and operatiou standards below.
Itl order to prevent the release oj metals and other contaminants into the wetlands and
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 tyT;e, including but not limited to those listed above
cannot be applied to any bulkheads, retaining walls or revetme~,ts after installation.
Encapsulated pilings or native nonchentically treated (untreated) lumber only should be used
in sensitive areas.
Further it is recommended that the Board require the installation ora 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 ora silt fence, hay bales, wood chip berm and silt
booms: The placement of the erosion control structure(a) shall be determined by the Trustees or
their designee. All intertidal construction and excavation requires the installation of a sik boom
that will retain all suspended sediments within the immediate 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 p~dling 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 sn'ucture,
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;
[91 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
navigatiom recreatiom 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 enioys access to the water. A mooring in an area
~vith 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. Allo~v 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 communit~ character nor preserves "public" access or
public recreational activities.
Policy I 1. 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.
Jim King, President
Town of Southold Board of Trustees
From: Scott Hilary, LVvl~P Coordinator
Planner
Date: May 7, 2008
Re:
Proposed Permit to Wetland Permit for CHRISTIAN & HEIDI FOKINE
SCTM#70-4-18
Polywaters Permits LLC on behalf of CHRISTIAN & HEIDI FOKINE requests a Wetland
Permit to construct a 4'X 64' fixed catwalk and 4'X 8' stairs, using 6" treated wood pilings and
transparent plastic oralam grated decking. 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
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *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 detaii~ listing both supporting and non-
suooortine facts. If an action cannot be certified as consistent with the LWRP policy standards and
conditions, it shall not be undertaken.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
/~o-
SCTM# '70 q t
PROJECT NAME foX;tO£ boot<
A copy of the LWRP is available in the following places: online at the Town of Sou, t, hold ' s
website (southoldtown.northfork.net), the Board of Tirustees:O~ce~ the pl~ing Department, all
local libraries and the Town Clerk's office. ...i. ~ .. ;> ~i~J ~ ~' J -
:' APR 21 2008
The Application has been submitted to (check appropriate response):
TownBoard ~ Planning Board ~ Building Dept. ~-] BoardofTrustees
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) ~proval, license, certification:
Nature and extent of action:
Locationofaction: ff~-0ff ~£ll5 /]¢£7 -~ae-t~'[°l' A)ff~. It~? l
Siteacreage: ~ ?17 /31.216
/ · v
mresentlanduse: S,~GI~ ~f~aa,'~l ~gg'cl~lcg
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) Name of applicant: ~tt~)5+;~J d, ~£i~£
(b) Mailing address: /9o /~o)r /b'~(a3 / ~#£l?£R ~$/~,d~., /k[~
I
(c) Telephone number: Area Code ¢~0
(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?
C. Evaluate thc project to the following policies by 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 - Pol/icies Pages 3 through 6 for evaluation criteria
[] Yes ~ No[~lZ-I Not Applicable
Attach additional sheets if necessary
Policy 3.
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
~/ Yes V-~ No ~ Not Applicable
Enhance visual quality and protect scenic resources throughout the Town of Southold. See
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4.
Section III - Policies Pages 8 through 16 for evaluation criteria
~/Yes ,~ N ~ NotAppli~able
Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. Sec LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
[~Yes [] No ~-]Not Applicable
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.
/
es 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 [~r/Not Applicable
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational usc 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.
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 Peconie
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
PREPARED BY ~/£~-J ~oL't,o°b,l TITLE r~G£~.17'~ DATE
1
Soutflfiold Town
Board of Trustee~