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Home My WebLink About1000-78.-2-3 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 To: Jim King, President Town of Southold Board of Trustees From: Scott Hilary/Mark Terry, LWRP Coordinators Date: June 16, 2008 Chapter 268: Waterfront Consistency Review Amendment to Wetland Permit #2069 for ANTHONY & GIUSTINA IENNA SCTM#78-2-3 Eh-Consultants, Inc. on behalf of ANTHONY & GIUSTINA IENNA requests an Amendment to Permit #2069 to replace the existing dock with a fixed timber dock, consisting of a 3'X 21' fixed catwalk; 3 'X 14' hinged ramp; and 6'X 16' float secured by (2) 6" dia. pilings. Located: 500 Glenn Rd., Southold. SCTM#78-2-3 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 with LWRP policy standards and therefore is CONSISTENT with the LWRP; provided that the proposed action meets sub-policy 6.3 as outlined below. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustee; laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Cornply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate that the following dock standards have been met pursuant to ,~ 275-11 Construction and operation standards. 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 traJ]~c 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; [4] Whether the dock will significantly impair the use or value of wate~front 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; [8J Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructe& [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 It is recommended in the event the dock is approved and to further LWRP policy 5.3 Protect and enhance quality of coastal waters~ that the Board of Trustees prohibit the use of treated lumber in the construction of the proposed action pursuant to § 275-11. 5.3 Protect and enhance quality of coastal waters. A. Protect water quality based on an evaluation of physical factors (pH, dissolved oxygen, dissolved solids, nutrients, odor, color and turbidity), health.factors (pathogens, chemical contaminants, and toxicity), and aesthetic factors (oils, floatables, refuse, and suspended solids). 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 /includine offings) in Iow tidal flow wetland areas as determined by the Trustees. The use of treated pilings defined in § 275-11 as (any part ora structure) in low tidal flow wetland areas may be prohibited as 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. (a) Standards for residential and commercial docks; general roles. 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 serve as a basis for granting, denying, or limiting permits for the construction of docks. [3] In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber 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 Trustee& 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-t8-2007 by L.L. No. 23 -2007] Town of Southold A. INSTRUCTIONS I, LWRP CONSISTENCY ASSESSMENT FORM A II applicants for perm its* including Tow n of S outhold agencies, shall eom pig,to thin C C A F for proposed actions that are subject to the Town of Southold W aterfront C onsistenci }~ L~i'i~W L aw. This assessmentisintendedtosupplementotherinformationusedbya~o~fiofSoutholdagencyin m a k in g a d e t e r m in a ti0 n 0 f c 0 n s is t e n c y. *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 detail, listing both supporting and non- su~ortim, facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local B, DEsc;bI;a;;;~n;1;es~;;nAC~;k;R°OffiPC;'sED ACTION Q~-~A /~ CoQ SCTM# 78 - 2__ _23 ~ ~) PROJEC~ N.AME A~;ON~N:IEN~A ~-,) ~O,.~ .~_~ ,~(; 5 The Application has been submitted to *check appropriate response): ~ ~'~-~ Tow..oard I--1 . nni.g,o.rd ,.,ding... ,o rdofT.s*. Cat~gory of Town of Southo~d ag.n~y ~ctio. Ch~k ~ppropriat~ response)' ~ ~ ~ (a) Action unde~aken directly by Town agency (e. g capital ' ' ' onstr. t,on.p,ann,n a* ,a.yre ul* ,l nOt--*. , -X ~MOVE EXISTING FIXED CATWAL~DOCK AND CONSTRUCT IN SAME LOCATION A FIXED TIMBER DOCK, CONSISTING OF A 3'X 21' FIXED CATWALK; 3' X 14' HINGED RAMP; AND 6' X 16' FLOAT SECURED BY (2) 6" DIAMETER PILINGS, ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC., DATED~MAY 13,2008. ~ ~ ~t~ , Location of action: 500 GLENN ROAD, SOUTHOLD Site acreage: 0.564 Present land use: DEVELOPED-RESIDENTIAL, ONE-FAMILY DWELLING Present zoning classification: R-40 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: ANTHONY & GIUSTINA IENNA (b) Mailing address: 122 NASSAU BOULEVARD GARDEN CITY, NY 11530 (c) Telephone number: Area Code 516-741-6423 (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 the project to the following policies by analyzing how the project will further support or not support the policies. Provide ali 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 - Policies Pages 3 through 6 for evaluation criteria [~ Yes [--~ No [~ Not Applicable 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 THE PROJECT WILL BE CONSISTENT WITH POLICY 3, AS IT ENTAILS THE REPLACEMENT OF A PREVIOUSLY EXISTING AND PERMITTED DOCK LOCATED AMONGST SIMILARLY CONSTRUCTED, NEIGHBORING DOCKS, WHOSE CHARACTER IS CONSISTENT THEREWITH. BECAUSE THE DOCK WILL REPLACE A PREVIOUSLY EXISTING AND PERMITTED FLOATING DOCK, THERE WILL BE NO SIGNIFICANT CHANGE IN THE VISUAL QUAL1TY OF THE SITE. 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 ~ Yes ~ No [-~ Not Applicable THE DOCK WILL BE CONSTRUCTED WITH NON-TREATED FIBERGLASS-REINFORCED DECKING SO AS TO MINIMIZE ANY POTENTIAL WATER QUALITY IMPACTS ASSOCIATED WITH CCA OR OTHER TREATED TIMBER. 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 ~ No ~-~ Not AppiicalMe DUE TO THE PRESENCE OF THE PREEXISTING DOCK TO BE REPLACED AS WELL AS THE ADJACENT AND NEIGHBORING DOCK STRUCTURES, INSTALLATION OF THE PROPOSED DOCK WILL NOT CAUSE ANY "FRAGMENTATION OF ECOLOGICAL COMMUNITIES;" NOR WILL CONSTRUCTION OF THE DOCK RESULT IN THE PHYSICAL LOSS, DEGRADATION, OR FUNCTIONAL LOSS OF ECOLOGICAL COMPONENTS, AS THE DOCK WILL BE ELEVATED ABOVE THE VEGETATED MARSH, AND CONSTRUCTED WITH OPEN-GRATE, FIBERGLASS REINFORCED DECKING SO AS TO ALLOW FOR THE PERSISTENCE OF VEGETATION BENEATH IT. THE RAMP AND FLOAT WILL BE REMOVED SEASONALLY, AND THE PROJECT WILL MEET THE STATUTORY & REGULATORY REQUIREMENTS OF ARTICLE 25 OF THE NYSDEC AND THE TOWN CODE OF CHAPTER 275, WETLANDS. 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 ~ NoN 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 ~ Not Applicable 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 AS THE SEAWARD END OF THE PROPOSED DOCK WOULD BE IN LINE WITH THE ADJACENT DOCK STRUCTURES, IT WILL NOT CREATE A HAZARD TO PUBLlC NAVIGATION; AND THE DOCK WILL NOT OTHERWISE AFFECT THE GOALS OF POLICY 9. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote sitin~ of new water-dependent uses in suitable locations. See LWRP Section IH - Policies, Pages 47 through 5~ for evaluation criteria. FOR REASONS DESCRIBED ABOVE, THE PROPOSED REPLACEMENT OF THE EXISTING DOCK WOULD NEITHER ALTER NOR ADVERSELY IMPAIR THE SURROUNDING COMMUNITY CHARACTER, WATER USE, OR SCENIC QUALITY OF THE SURROUNDING ENVIRONS OF WEST CREEK. 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 [5~ 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 [5~ 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 [5~ Not Applicable PREPARED BY -~/~].. . · ROBERTETI~ERRMANN T ITL E COASTAL MGMT SPECIALIST DATEMay 21, 2008 Amended on 8/1/05 exist. dock 'N ROAD 100.00' 1 STORY FRAME HOUSE & GARAGE C 1"=40' ~107' ±104' !1' FIXED CAI'WALK EX. 3' FIXED TO BE REMOVED 6" PILE L. & $. VI~'RAi~o D~evlge~l Canal 16' FLOAT