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Home My WebLink About1000-115.-12-14 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 Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Principal Planner Date: May 20, 2008 Chapter 268: Waterfront Consistency Review Wetland Permit for LORRAINE WENDT SCTM#115-12-14 LORRAINE WENDT requests a Wetland Permit to rebuild the as-built docking facility by removing three mooring piles, reducing the width of the fixed dock to 3', and reducing the pilings for the dock to 6"X 6" posts. Located: 980 Deep Hole Dr., Mattituck. SCTM# 115-12-14 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 CONSISTENT provided that the proposed action meets Policy 5 and sub-policy 6.3, as outlined below. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the SouthoM 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. The applicant must demonstrate that the following dock standards pursuant to § 275-11. Construction and operation standards have been met. (d) Review and appr~val ~f d~ck applicati~ns. Bef~re issuing a permit f~r a d~ck 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 foreshore; [4J Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [5] I4/hether the dock will cause degradation of surface water quality and natural resources; [6] I4/hether 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; [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. In the event that the action is approved it is recommended that the application be amended to meet the followin? Chapter 275 regulations. 275-11 Construction and operation standards. A. General. The fo/lowing standards are required for all operations within the jurisdiction of the Trustees: (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 silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. It is recommended that the silt boom be deployed during the construction of the dock structure. [3] In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA'9, commercial copper quat (CCQ), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Similarly, 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 determined at the discretion of the Trustees. Minimize the use of CCA treated wood in structures constructed within the marine environment. Figure 1. Wendt Residence Showing Dock in 2006. The above will further Policies 5 Protect and improve water quality in the Town of Southold, 6.3 Protect and restore tidal and freshwater wetlands and Policy 11. Promote sustainable use of living marine resources in Long Island Sound~ the Peconic Estuary and Town waters. Pursuant to Chapter 268~ the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. To~vn of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including To~vn 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 ?ermits and other ministerial perm its 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 ackievement 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- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTNI# ][ ~"-'-' PROJECT NAME A copy of the LWRP is available in the following places: ohline at the Town of SoUthold's website (southoldtown.north~o, rk.net), the Board of Trus e sOmc [' e3 D.epart[nent, all local libraries and the Town Clerk's office, i i [ DESCRIPTION OF SITE AND PROPOSED ACTION ;'~l~t'~ ~rru;tee,~ The Application has been submitted to (check appropriate response): Town Board F-] Planning Board [~ Building Dept. [--] Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital F-] 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: L&ation of action: Site acreage: I/~. Present land use: Present zoning classification: If an application for the proposed action has been filed with the Tovm of Southold agency, the following information shall be provided: (a) Name of applicant: L3 ('~ ('( I~ ~ I 1~1 -e._~ O (b) Mailing address:_ ~9,~ ¢'x_~ ~ tA~ ~ (c) Telephone number: Area Code () (d) Application number, if any:. Will the action be directly midertaken, require funding, or approval by a state or federal agency? Yes [~ NoD Ifyes, which state or federal ag,ency? '-~ ~ ~ ~× n C. Evaluate the project to the following policies by analyzing hogv~the projedt viii further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete ans~vers 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 - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No ~/Not Applicable A~ach 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 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 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 throu~gh 32 for evaluation criteria. Yes No Not ApI~ hble Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 throagh 34 for evaluation criteria. [~ Yes [~ No ~ Not Applicable A~tach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and was~es. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes F~ No17~t]1~2 Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lauds, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation ~eri~'es~ No[~ Not Applicable Attach additional sheets if necessary W~)RKING COAST POLICIE'~ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent ases 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 ?econic 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 [~ Nor~l Not Applicable J/O l ~ .?. ~ ,5 ~740'-40'1N ~,., I10.00 5UR VEY OF' PROPERTY $/tuqt~d of 9 74. ~3 ,9¢1: VEEP flOLE .I]RII/E ~~ ~ ,.~/I A TTI TUCK., TOWN OF ,50UTHOLD SUFFOLK ~OUNTY NEW YORK SCA I_E : t"--,30' SurVey/ Certified to: WILLIAA/I FVEtVDT LORRAINE DATE5 200o