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Home My WebLink About1000-87.-5-6OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Yonngs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: From: Date: Re: Town of Southold Board of Trustees I~] t:~ ~ ScottHilary, LWRPCoordinator I]]~I[jL[j JUL 2 o0 2008 July 16, 2008 q~-.? :"- 7.2.. '1 Proposed Permit to Wetland Permit for MARJORIE PETRAS SCTM#87-5-6 Jerry Cibulski on behalf of MARJORIE PETRAS requests a Wetland Permit for the existing 41"X 37.5' fixed dock, 35"X 14.5' ramp, and 6'X 10' floating dock with two (2) tie-offpoles. Located: 700 Koke Dr., $outhold. SCTM#87-5-6 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 preexisting dock is in a Critical Environmental Area nominated by the Town of Southold as worthy of protection~ (see Critical Environmental Areas § 275-2 Definitions below). Any proposed action prior to construction in a Critical Environmental Area may be subiect to more stringent requirements pursuant to § 275-11 Construction and operation standards. The preexisting dock was not subiect to § 275-11 standards and therefore is INCONSISTENT with LWRP policy standard 6.3 below. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. 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. § 275-2 Definitions; word usage. CRITICAL ENVIRONMENTAL AREAS -- All sites previously nominated by the Town of Southold and designated by the New York Sate Department of state as Critical Environmental Areas worthy of protection including: Cutchogue Harbor ~Vetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, IVest Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, De~lIole Creek, Goldsmiths Inlet, Halls Creek~8ose Creek, Little Creek, Mill Creek and Pipes Cove Creek. § 275-11 Construction and operation standards. (7) Critical environmental areas. At the discretion of the Board of Trustees, any operations proposed in critical environmental areas (§ 275-2) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of structures, and increasing the width of nondisturbance buffers. Furthermore the preexisting dock is in Corey Creek a Significant Coastal Fish and Wildlife Habitat (SCFWH) recognized by the Town as worthy in protecting (see Corey Creek SCFWH Narrative below). 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. The Town of SouthoM 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 as Significant Coastal Fish and Wildlife Habitats in Southold. 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 SouthoM recognizes the importance of protecting and enhancing these wetlands and habitats. NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT (SCFWH) COREY CREEK LOCATION AND DESCRIPTION OF HABITAT: Corey Creek and Beach are located on the southwestern shoreline of Great Hog Neck on Little Peconic Bay, in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, NY). The fish and wildlife habitat consists of approximately 130 acres of tidal creek, salt marsh, mudflats and beach. The area around thc western shoreline of Corey Creek and Moyle Cove is a developed residential area and some portions of the creek have been dredged and bulkheaded. The beach is a small sand beach and dredged material area which is somewhat degraded by human disturbance. In the event the preexisting dock is approved by the Board of Trustee's it is recommend that the resolution reflect that the structure cannot be replaced in-kind without a full review and approval by the Trastee's pursuant to § 275- 11 110|. 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 MI or M2 may be given greater flexibility in these requirements given the water- dependent nature of their use. (2) Docks. [10] Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees. The application is deficient in information (design~ materials~ water depth) to adequately assess the function of the dock structure pursuant to § 275-6 Application. § 275-6 Application. A. C~ntents ~f app~icati~n. A permit may be issued up~n the written~ veri~ed applicati~n ~f the pers~n pr~p~sing t~ perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the Clerk. Such application shall contain the following information: [Amended 10-11-2005 by L.L. No. 17-2005] (3) The purpose of the proposed operations. (62 The depth to which the remora the deposit of material is proposed thro~ut the area of operations, and the proposed angle r~['repose of all slopes. (8) Such application shall be accompanied by a survey and topographical map, created no more titan one year prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two-hundred-foot radius' of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered hind surveyor or registered professional engineer, licensed by, the State of New Yorl~. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. [Amended 10-11-2005 by L.L. No. 17-2005] 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 structure, the Trustees shall consider whether the dock will have any of the following hartnf~tl effects': [l] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly inte(fere with the public use of waterways ]bt swimming, boating, fishing, shell fishing, waterskiing and other water-dependant activities; Whether the dock will unduly intec/kre with transit by the public along the public: beaches or Jbreshore; Whether the dock will significantly impair the use or value of water/rant property adjacent to or near the dock; IH [6] Whether the dock will cause degradation of surface water quality and natural resources; Whether the dock wi//cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; Whether the dock will result irt the destruction of or prevent the growth of vegetated wetlands, sea grasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritimad or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be sa~k when constructed; [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [11] Whether the cumulative impacts cfa residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location qf the dock will minimize cumulative impacts; and f12J Whether adequate ~bcilities are available to boat owners and/or operators far fueling, discharge of waste and rubbish, electrical service and water service. Figure #1 Preexistin~ Dock on Corey Creek Figure #2 Salt Marsh of Corey Creek (SCFWH) 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 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: From: Date: Re: Jerry Cibulski on behalf of MARJORIE PETRAS requests a Wetland Permit for t] 37.5' fixed dock, 35"X 14.5' ramp, and 6'X 10' floating dock with two Koke Dr., Southold. SCTM#87-5-6 J~m K~n '' g, President Town of Southold Board of Tmstees Scott Hilary, LWRP Coordinator July t6, 2008 Proposed Permit to Wetland Permit for MARJORIE PETRAS SCTM#87-5-6 ~-~ 41"X Located: 700 The proposed action has been reviewed to Chapter 268, Southold Town Code and the Local Waterfront Revitalization Pro upon the information provided on the LWRP Consistency department, as well as the records available to me, it ' Review of the Town of t Standards. Based that the proposed action is , Town'of Southold Ae INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMEN1 ~j~,, JU~I 2 ? 2008 All apphcants for permxts including Town of Southo.~_.~ ..... ~.o, ~-,~-. ~,,~ proposed actions that are subject to the Town of Southolq[~Q.~,,-t c'on~te~lc¥ ~evtew assessment is intended to supplement other information u~d by a Town of Southold~ ~ in making a determination of consistency. *Except minor exempt actions including Buildin. Permits and other ministerial permits not located within the Coastal Erosion Hazard,4rea. 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- suooortin~ 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 SCTM# ICO{-.~ - ~ - ~ /~..~ PROJECT NAME P~.~TIT-~ % A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board ofTru: tee~ Off'~ ~%~7~4~ Ptatml~D~paTftment, all local libraries and the Town Clerk's office. ~ /5 ~'J ~'.~ ' z '_ The Application has been submitted to (check appropriate response): Town~oara 7] P'a.uin~oa~d~ ~uila~Dept. 7] ~oardo~T=stees 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) Permit, approval, license, certification: Nature and extent ofaction: .~) ~'r- P~/_._--'- ~:t'~oW,],4'~..~ ~l~.J~' Location of action: Site acreage: Present land use: 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: (b) Mailing address: ' (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 [-~ No[-~ Ifyes, which state or fedemlagency? C. Evaluate the 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 - Policies Pages 3 through 6.for evalhation 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 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 roi' 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 I11 - 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. Yes 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 N No ~"Not Applicable PUBLIC COAST POLICIES Pol!cy 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 Ill - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No ~/Not Applicable Attach additional sheets if necessary · WOgKING 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 Il. 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. ~-x-X~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 ~/~/7_~ ~ TITLE ~? ~"T "ATE~ JUN 6~ COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Designated: Date Revised: County: Town(s): 7¥2' Quadrangle(s): Corey Creek 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: Small, partially developed creek/marsh~beach area; not rare in Suffolk County. 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: Osprey (SC), least tern (T) and piping plover (E, T-Fed) present historically, but importance of the 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: Clamming is significant at the local level. 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: Concentrations of scallops significant in Suffolk County. 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. 52.5 1.2 Habitat Index = [ER + SV + HU + PL] = 56.5 Significance = HI x R = 67.8 Page 1 of 7 NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NARRATIVE COREY CREEK LOCATION AND DESCRIPTION OF HABITAT: Corey Creek and Beach is located on the southwestem shoreline of Great Hog Neck on Little Peconic Bay, in the Town of Southold, Suffolk County (7.5' Quadrangle: Southold, NY). The fish and wildlife habitat consists of approximately 130 acres of tidal creek, salt marsh, mudflats and beach. The area around the western shoreline of Corey Creek and Moyle Cove is a developed residential area and some portions of the creek have been dredged and bulkheaded. The beach is a small sand beach and dredged material area which is somewhat degraded by human disturbance. FISH AND WILDLIFE VALUES: The small disturbed tidal creek and beach found at Corey Creek is not a rare ecosystem type but the area functions as an important habitat for a variety of fish and wildlife. Osprey (SC) historically have nested on platforms at this site. A small population of least tern (T) was present on the beach in 1984, but this species was documented only once more through 1996. Piping plover (E, T-Fed) were sporadically documented at Corey Creek beach, ranging from 0-2 pairs annually during the 1987-1996 period. Diamondback terrapin have also been seen but the importance of this area to this species is not well documented. This area may also provide important breeding habitat for horseshoe crab, but additional documentation is required. The creek serves as a feeding area for the osprey along with waterfowl, shorebirds and other wildlife. Waterfowl species observed overwintering in the Corey Creek area include Canada goose, American black duck, mallard, oldsquaw, buffiehead, red-breasted merganser, surf scoter, and common goldeneye. The creek is a productive area for marine finfish and shellfish. The area serves as a important nursery area and habitat for shellfish including bay scallops and hard clams. The creek was once one of the top three areas in Southold for scalloping, however there is no longer any scalloping in Corey Creek. It is one oftha top clamming areas in the town. The creek area is also locally important for waterfowl hunting. Concentrations of Canada geese at this site currently present a nuisance and water quality problem. Page 2 of 7 IMPACT ASSESSMENT: Any activity that would substantially degrade the water quality in Corey 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 runoff, and waste disposal. It is essential that water quality be mainta'med in the area to protect the bay scallop fishery. The Town of Southold recommends that use of sprinklers and lawn chemicals be minimized or prohibited on creek waterfront property. Alterations of tidal patterns in Corey Creek (e.g., by modifying the inle0 would have major impacts on the fish and wildlife species present. Dredging in the creek should be scheduled from September 15 through December 15 to minimize potential impacts on aquatic organisms and to allow for dredged material disposal when wildlife populations are least sensitive to disturbance. Dredged material disposal that alters the creek inlet or tidal flow would negatively impact the habitat value of this site. Barriers to fish migration, whether physical or chemical, would have a major impact on the fisheries of Corey Creek. Restoration of fisheries habitat through removal of such barriers, or other means, should be considered for Corey Creek. Elimination of salt marsh and intertidal areas, through dredging, loss of tidal connection, excavation or filling, would result in a direct loss of habitat area. Construction of shoreline structures such as docks, piers, bulkheads or revetments, in areas not previously disturbed by development (e.g., natural beach or salt marsh) may result in a loss of productive areas which support the fish and wildlife resources of Corey Creek. 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. Unrestricted use of motorized vessels including personal watemrafi 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 exchision) in and adjacent to shallow waters and vegetated wetlands. Nesting shorebirds inhabiting Corey Creek 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 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. The Corey Creek site is particularly disturbed by Page 3 of 7 use of off-road bikes and other vehicles; recreational vehicles should be prohibited fi.om the area during the March 15-August 15 shorebird nesting period. 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 Cemer 700 Troy-Schenectady Road Latham, NY 12110 Phone: (518) 783-3932 Town of Southold Town Hall 53095 Main Road; P.O. Box 1179 Southold, NY 11971 Phone: (631) 765-1801 Page 5 of 7 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 Comell Cooperative Extension Marine Program 3690 Cedar Beach Road Southold, NY 11971 Phone: (631) 852-8660 NYS Sea Grant Extension Service Comell University Laboratory 3905 Sound Avenue Riverhead, NY 11901 Phone: (631) 727-3910 Paul Stoutenburgh 4015 Skunk Lane Cutchogue, NY 11935 Phone: (631) 734-6605 Page 6 of 7 LITTLE ISLAND=