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HomeMy WebLinkAbout1000-92.-1-8 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 To: Jim King, President Town of SouthoId Board of Trustees From: Scott Hilary, LWRP Coordinator Planner Date: May 7, 2008 Chapter 268: Waterfront Consistency Review Wetland Permit for VINCENT & EILEEN FLAHERTY SCTM#92-1-8 Costello Marine Contracting Corp. on behalf of VINCENT & EILEEN FLAHERTY request a Wetland Permit to remove the existing stairway to beach and kayak rack. Remove 63' of existing west bulkhead and replace in-place. Construct 33' of low-profile bulkhead on west end. Located: 177 Inlet Way, Southold. SCTM#92-1-8 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. The proposed action includes the construction of a new 33' low-profile bulkhead on West end. Onll, in-place replacement of existing functional bulkheads (as defined in ,~ 275-2) is permitted. In addition the proposed 33' low-profile bulkhead on the West end potentially could alter the sand deposition and tidal regime in the channel. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and fresh~vater 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. § 275-11 Construction and operation standards. B. Shoreline structures. The following standards are required for all operations relating to shoreline structures on 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. [Amended 10-11-2005 by L.L. No. 17-2005] (1) Bulkheads, retaining walls, revetments and gabions. (a) Only in-place replacement of existing functional bulkheads (as defined in § 275-2) is permitted. In-kind replacement relates to the position and dimensions and does not necessarily require or allow for the use of the same materials. At its discretion, the Board may allow for a one-time projection of the replacement structure sea,yard of the original, only if such placement will not project the proposed structure seaward of adjacent, neighboring structures and if the proposed installation is in close proximity to the original structure. Any subsequent repair or replacement following the first replacement requires the structure to be built on or landward of the original structure, It is recommended in the event the proposed action is approved pursuant to § 275-11 and to further LWRP sub-policy 6.2. The scheduling activities of any proposed action with in thia New York State Designated Significant Coastal Fish and Wildlife Area should be avoided durin~ the nestin~ and fledfllin~ 0eriods (March 15 through August 15) of shorebirds inhabiting Cedar Beach Point. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. .4. Protect Significant Coastal Fish and Wildlife Habitat values from uses or activities that would: L Destroy habitat values associated with the designated habitat through: a. direct physical alteration, disturbance, or pollution, or b. indirect effect*' of actions, which wouM result in a loss of habitat. The Town of Southold is rich in habitats that support diverse and often large wildlife populations, many of which are of commercial or recreational value. The importance of these habitats has been recognized through the state designation of nineteen Significant Coastal Fish and Wildlife Habitats in Southold: Reach 7 Cedar Beach Point These habitats cover the full range of habitats typical on the East End of Long Island and include dunes, beaches, wetlands, islands and open water. The Town of Southold recognizes the importance of protecting and enhancing these wetlands and habitats. All of these habitats have experienced and continue to experience human disturbance. This includes the e[fects of bulkheading, filling and dredging, removal of vegetation, adjacent land uses, and recreational activities and facilities, such as fishing, hunting and boating and the associated marina and boat launch facilities. These impacts do not have to destroy or impair the natural resources of the habitats. In addition to avoiding incompatible use of the habitats and adjacent land, many management measures can be taken to ensure that negative impact; do not occur. CEDAR BEACH POINT IS DESIGNATED AS A NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT: Cedar Beach Point is a small coastal wetland area, similar in nature to many other points around the Peconic Bays shoreline, but important as a habitat for various fish and wildlife species. Construction and maintenance of shoreline structures, such as docks, piers, bulkheads, or revetments, in any part of this area, may have a significant impact on the fish and wildlife resources of Cedar Beach Point. Nesting shorebirds inhabiting Cedar Beach Point are highly vulnerable to disturbance by humans, especially durin~ the nestin~ and fled~inu period (March 15 through August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminate the use of this site as a breeding area and should be minimized during this period. li~l · ~ '1o~ n of Sout LWRP CONSISTENCY ASSESSMENT FORM A, INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete tlSs CC:\[: proposed actions that are subject to the Town of Southold Waterfront Consistency Review kax~ assessment is intended to supplement other information used by a Town of Southold agc~c> making a determination of consistency. *Except minor exempt actions inch~ding BuzTdmg and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of tkis form should review minor action list, policies and explanations of each policy contained in the To'~vn Waterfront Revitalization Program. A proposed action will be evalnated as to /ts beaeficial and adverse effects upon the coastal area (which includes all of Southold .3. If any question in Section C on this form is answered "yes", then the proposed action may aI'tk:ct achievement of the LWRP policy standards and conditions contained in the consistency rcs ~cx; Thus, the action should be analyzed in more detail and, if necessary, modified prio:/ to ~l:{k~t~, determination that it is consistent to the maximum extent practicable with tt~e I.\Vle. I' standards and conditions. If an action cannot be certified as consistent with the LXVRP [,oli standards and conditions, it shall not be undertaken. A copy of the LkVRP is available in the following places: online at the Town ofSoutholcl's ~x ct'~s~rc (southoldtown.northfork.net), the Board of Trustees Office, the plarkrung Depmtn2ent, all Iocztt- libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SeT'VIS ! A The Application has been submitted to (check appropriate response): Town Board Planning Dept. ~] Building Dept. ~ Board 0fTrustees t. 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. grantl loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of act4on; Location of action: t Site acreage: [, Present landuse: 9,Rqlt~' ~_lM).ly Present zoning classification:: 2l If an apphcation for the proposed action has been filed ~,ith the Town of Southold agency, the following information shall be provided: . · (a, Nameofapplicant: ~tlafLgllC (c) Telephone number: Area Code ( ) (d) Application number, if any:. Will the action be directly Undertaken, require funding, or approval by a state or federal agency? Yes ¢ N; ['~ 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 pfa coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. , [] Yes [--'] No [] Not Appliea~l~ 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 Applicab}~---~ ~c~ Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Sec~tion II~Z'- Policies Pages 6 through 7 for evaluation criteria Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structure{~ and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 througli:16for' evaluation Criteria" Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section Ill -7 Policies Pages 16 through 21 for. evaluation criteria ~ Yes [-'] No ~Not APpli~ 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/II - Policies; Pages 22 through 32 for evaluation criteria. [] Yes ~No[-] Not Applicable ,~ .... , Attach additional skeets if n~essary 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 Applieable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southoid from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [~]Yes [~No c~NotApplic~~ 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 N Not Applicable Attach additional sheets if necessary : WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote string of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, ,the Pecooic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes ["-] 1~o~ 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 ApplicabW-~ ~ 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. Created on 5/25/05 11.'20 AM Date: To: Proposal: Apdl 28, 2008 Southold Town Trustees and Mark Terry Remove existing stairway to beach and kayak rack. Remove 63' of existing bulkhead and replace in- place. Construct 33' of Iow profile bulkhead on west end. DEVELOPED COAST POUC/ES Policy I Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of in.~.~;, dCturo, makes beneficial use of a coaa,:--i location, and minimizes adverse effects of development. Our proposal is consistent with this pollo/. PresenUy there is an existing bulkhead that is showing signs of age. Our proposal is to reconstruct this existing structure and to extend it a little further to fully protect the area, This project area is residential and this project is reasonable for the area. 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. The larger portion of the bulkhead is existing. NATURAL COAST POLTC~ES Policy 4 Minimize loss of life, ~;, uctures, and natural resources from flooding and erosion. This project will not affect the integrity of life, structures or natural resources due to flooding or erosion. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will not have any impact of the water quallty or supply in the Town of Southold. POlicy 6 Protect and restore the quality and funcaon of the Town of Southold's ecosystem. Our proposed dock facility will have minimal effects on the ecosystem. During the initial construction of the section of bulkhead there will be a disturbance to the backside of the bulkhead where excavating will be needed to place the backing system. Best management practices will be adhered to so that the ecosystem is protected as much as possible. 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 degradaeion 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. PUBLTC COAST POL~CZES Policy 9 Provide for public access to, and recreaUonal use of, coastal waters, public lands, and public resources of the Town of Southold. The structure is existing and landward of the high water mark so the public's ability to access Town waters will not change. WORKING COAST POI.ZCZES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. Polio/12 Policy 2,3 This is a waterfront piece of property. The property owners will be engaging in water-dependent activities such as kayacking, fishing, site seeing, water-skiing and swimming as they normally do at this location. Promote sustainable use of living marine resources in the Town of Southold. Our proposal will not have any effect on the use of living marine resources. Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southold. Promote appropriate use and development of energy and mineral resources. Our proposal will not have any impact on the development of energy and mineral resources. soU,ri4oI'p /O ~/~S~I' $~',~7' ~ /,d.,=~/,.,/o,cZ,~, ).,/.,./. Sc't',tM/ooo. 9Z- Il 0 RtckmO~d Creek a~d Beack Little Creek & Beach ,,LITTLE ~ ~ltmds Coeey Creel~ Cre~ Samlspit x Cedar ~Beach Point Southold (South) 2500 0 2500 $O00feet COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Designated: Date Revised: County: Town(s): 7½' Quadrangle(s): Cedar Beach Point March 15, 1987 May 15, 2002 Suffolk Southold Southold, NY Assessment Criteria Ecosystem Rarity (ER)--the uniqueness of the plant and animal community in the area and the physical, structural, and chemical features supporting this community. ER assessment: Relatively small, undeveloped, salt marsh, beach, and dredged material deposits on the north fork of Long Island. Species Vulnerability (SV)--the degree of vulnerability throughout its range in New York State of a species residing in the ecosystem or utilizing the ecosystem for its survival. SV assessment: Least tern (T), piping plover (E, T-Fed) and osprey (SC) nesting. Black skimmer (SC) and common tern (T) have been seen, but importance of area to these species is not adequately documented. Calculation: 36 + (25/2) + (16/4) = Human Use (HU)- the conduct of significant, demonstrable commercial, recreational, or educational wildlife-related human uses, either consumptive or non-consumptive, in the area or directly dependent upon the area. HU assessment: This area serves as an important natural area for research and education by the Cornell Cooperative Extension Marine Program; of regional significance. Population Level (PL)--the concentration of a species in the area during its normal, recurring period of occurrence, regardless of the length of that period of occurrence. PL assessment: One of the largest concentrations of nesting least terns on the north fork, of county-level significance. Replaceability (R)--ability to replace the area, either on or off site, with an equivalent replacement for the same fish and wildlife and uses of those same fish and wildlife, for the same users of those fish and wildlife. R assessment: Irreplaceable. 0 52.5 9 4 1.2 Habitat Index = [ER + SV + HU + PL] = 65.5 Significance = HI x R = 78.6 Page I of 7 NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NARRATIVE CEDAR BEACH POINT LOCATION AND DESCRIPTION OF HABITAT: Cedar Beach Point is located at the tip of Great Hog Neck, north of Little Peconic Bay, in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, NY). The fish and wildlife habitat is approximately 85 acres in size, consisting of sparsely vegetated sand beach and dredged material deposits, a small protected bay (Cedar Beach Creek), mud flats, and salt marsh. The New York Natural Heritage Program has documented seabeach knotweed, a rare plant species, in this area. The area is owned by Suffolk County and houses the Comell Cooperative Extension Marine Program. The habitat is generally bordered by low to medium density residential development. The mouth of the creek is subject to periodic maintenance dredging. FISH AND WILDLIFE VALUES: Cedar Beach Point is a small coastal wetland area, similar in nature to many other points around the Peconic Bays shoreline, but important as a habitat for various fish and wildlife species. This area has served for many years as a nesting site for least tems (T). In 1982 and 1983, approximately 80-90 pairs of least terns nested in the area, making this colony one of the largest on the north fork of Long Island, of county-level significance. However, human disturbance of the area, including pedestrian traffic and recreational vehicle use, has been a serious problem for many years, and least tem populations have declined to around 5-6 pairs annually by the late 1980s. During the 1987-1996 period, however, the annual average number of pairs of least tern nesting at this site was 15; nesting populations appear to be on the rise in the late 1990s, with a peak number of 63 pairs observed in 1996. Common tern (T) nested at Cedar Beach Point in the mid-1990s, ranging from 1-14 pairs. More information about the importance of this site for common tern nesting is needed. Piping plover (E, T-Fed) nest regularly at Cedar Beach, with an annual av~age of 1 pair observed during the 1987-1996 period. The peak number, 2 pairs, was observed in 1995. The appearance of this species has become more regular throughout the 1990s. Osprey (SC) have nested in the area for many years, using man-made nesting platforms located in the habitat. The tidal wetlands at Cedar Beach Point serve as feeding areas for both least tern and osprey, as well as for many other wildlife species. Black skimmer (SC) have appeared at Cedar Beach Point in high concentrations (several hundred). Low marsh areas of these wetlands support healthy populations of fiddler crabs. Diamondback terrapin are also present here; more Information is needed to determine importance of this population. Cedar Beach Point may provide important breeding habitat for horseshoe crab, but additional documentation is required. Page 2 o f 7 In addition to its ecological values, Cedar Beach Point is an important area for marine sciences education and research. The Comell Cooperative Extension Marine Program is located at Cedar Beach, and the area is heavily used by faculty and students as a "living laboratory". IMPACT ASSESSMENT: It is essential that any potential impacts on Cedar Beach Point be evaluated with respect to the established science program here, and the need to maintain natural or controlled experimental conditions. Any activity that would substantially degrade the water quality in Cedar Beach Creek would adversely affect the biological productivity of this area. All species offish and wildlife would be affected by water pollution, such as chemical contamination (including food chain effects resulting from bioaccumulation), oil spills, excessive turbidity, stormwater nmoff, and waste disposal. It is essential that high water quality be maintained in the area, primarily by controlling discharges of sewage and other pollutants from upland sources. Unrestricted use of motorized vessels including personal watercratt in the protected, shallow waters of bays, harbors, and tidal creeks can have adverse effects on aquatic vegetation and fish and wildlife populations. Use of motorized vessels should be controlled (e.g., no wake zones, speed zones, zones of exclusion) in and adjacent to shallow waters and vegetated wetlands. Alteration of tidal patterns at Cedar Beach Point would have major impacts on the fish and wildlife communities present. Elimination of salt marsh and intertidal areas, through loss of tidal connection, excavation, ditching or filling, would result in a direct loss of valuable habitat area. Construction and maintenance of shoreline structures, such as docks, piers, bulkheads, or revetments, in any part of this area, may have a significant impact on the fish and wildlife resources of Cedar Beach Point. Alternative strategies for the protection of shoreline property should be examined, including innovative, vegetation-based approaches. Control of invasive nuisance plant species, through a variety of means, may improve fish and wildlife species use of the area and enhance overall wetland values. Maintenance dredging in the Cedar Beach Point area should be scheduled between September 15 and December 15. Dredged material disposal in this area would be detrimental, but such activities may be designed to maintain or improve the habitat for certain species of wildlife, especially nesting birds. There is some indication, however, that as a result of the potential for overwash onto salt marshes, this site does not exhibit optimal conditions for dredged material placement. Nesting shorebirds inhabiting Cedar Beach Point are highly vulnerable to disturbance by humans, especially during the nesting and fledging period (March 15 through August 15). Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminate the use of this site as a breeding area and should be minimized during this period. Recreational activities (e.g., boat and personal watercraft landing, off-road vehicle use, picnicking) in the vicinity of bird nesting areas should be minimized during this period. Predation of chicks and destruction of eggs or nests by unleashed pets (e.g., dogs, cats) and natural predators may also occur, and predator control should be implemented where feasible. Fencing and/or continued annual Page 3 of 7 posting of shorebird nesting areas should be provided to help protect these species. Control of vegetative succession, through beneficial use of dredged material or other means may improve the availability of nesting habitat in this area. Page 4 of 7 KNOWLEDGEABLE CONTACTS: Habitat Unit NYS Department of State Division of Coastal Resources 41 State Street Albany, NY 12231 Phone: (518)474-6000 NYSDEC--Region 1 State University of New York, Building 40 Stony Brook, NY 11790-2356 Phone: (631) 444-0354 Wildlife Manager NYSDEC--Region 1 State University of New York, Building 40 Stony Brook, NY 11790 Phone: (631) 444-0310 Bureau of Marine Resources NYSDEC 205 N. Belle Meade Road, Suite 1 East Setauket, NY 11733 Phone: (631) 444-0430 Finfish and Crustaceans NYSDEC 205 N. Belle Meade Road, Suite 1 East Setauket, NY 11733 Phone: (631) 444-0436 New York Natural Heritage Program Wildlife Resources Center 700 Troy-Schenectady Road Latham, NY 12110 Phone: (518) 783-3932 Comell Cooperative Extension Marine Program 3690 Cedar Beach Road Southold, NY 11971 Phone: (631) 852-8660 Page 5 of 7 Town of Southold Town Hall 53095 Main Road; P.O. Box 1179 Southold, NY 11971 Phone: (631) 765-1801 Office of Ecology Suffolk County Dept. of Health Services Bureau of Environmental Management County Center Riverhead, NY 11901 Phone: (631) 852-2077 Seamck Research Program Comell University Laboratory of Ornithology P.O. Box 31 Islip, NY 11751 Phone: (631) 581-6908 Paul Stoutenburgh 4015 Skunk Lane Cutchogue, NY 11935 Phone: (631) 734-6605 Page 6 of 7