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HomeMy WebLinkAbout1000-70.-6-33From: Date: Re: OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Jim King, President Town of Southold Board of Trustees Scott Hilary and Mark Terry, LWRP Coordinators August20,2008 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for ROSA HODGSON SCTM#70-6-33 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 Eh-Consultants, Inc. on behalf of ROSA HODGSON requests a Wetland Permit to remove and replace (in-place) existing dock, consisting ofa 6'X 87' fixed pier, 6'X 24' fixed "L" section, 4.5'X 33' step-down platform, and a 3'X 14' ramp and 6'X 20' float secured by (2) 8" pilings; remove and replace (in-place) 9'X 11' pervious patio and 4'X 8' steps to dock; construct approx. 774 If. of vinyl bulkhead in place of existing timber bulkhead; backfill bulkhead with approx. 75 cy. of clean sand to be trucked in from an upland source; and establish a I 0' non-turf buffer adjacent to the bulkhead. Located: 4845 Pine Neck Rd., Southold. SCTM#70-6-33 THE FOLLOWING SECTION ADDRESSES THE PROPOSED DOCK: 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 our recommendation that the proposed action (DOCK REPLACEMENT) is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees pursuant to § 275-11. 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 fi~r 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. § 275-11 Construction and operation standards. Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shah consider whether the dock will have any of the following harmful effects: [Il Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; The existing dock as built exceeds 1/3 the total width of the water body and therefore is not in compliance with § 275-11 Construction and operation standards. Sufficient water depths of 4 to 5 feet are attainable ifa docking structure was to be designed approximately half the leneth of the existing dock structure. 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. (b) Dock locations and lengths. [Amended 10-11-2005 by L.L. No. 17-2005] No dock shall be erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation, fisheries, shell fisheries, scenic quality, habitats or wetland areas. Within creeks and other narrow waterways, no dock length shall exceed 1/3 the total width of the water body. Determination qf the length of the dock must include the dimensions of the vessel. [3] [4] [5] [71 f122 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; Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; Whether the dock will cause degradation of surface water quality and natural resources; Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; 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; Whether the dock will unduly restrict tidal flow or water circulation; Whether the dock will be safe when constructed; Whether the dock will adversely affect views, viewsheds and vistas important to the community; 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 Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. Figure #2 Existing dock THE FOLLOWING SECTION ADDRESSES THE PROPOSED BULKHEAD REPLACEMENT: 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 our recommendation that the proposed action (BULKItEAD REPLACEMENT) is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP; provided that a silt boom is deployed prior to the replacement of the bulkhead pursuant to § 275-11 and as defined in § 275-2. § 275-11 Construction and operation standards. ,4. General The following 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 hales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. Ali intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. § 275-2 Definitions; word usage. SILT BOOM -- A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project area to surrounding waters. Properly installed, silt booms completely surround the project area. The deployment of a silt boom will further advance LWRP Policy 5~ Protect and improve water quality in the Town of Southold and Policy 6 Protect and restore tidal and fresh water wetlands. Policy 5 Protect and improve water quality and supply in the Town of Southold. 5.3 Protect and enhance quality of coastal waters. Minimize disturbance of streams and creeks including their bed and banks' in order to prevent erosion of soil, increased turbidity, and irregular variation in velocity, temperature, and level of water. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. 21. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees ltnvs and regulations for all ,4ndros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. If the action is approved the followim! best mana~,ement practice (BMP) is recommended: l. Require a minimum 20' non-turf buffer landward of the bulkhead. The BMP recommended above will further advance Policy 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restores tidal and freshwater wetlands Figure #2 Existing bulkhead. Further~ the location of the proposed dock and bulkhead replacement is next to Jockey Creek Sandpit, a Significant Coastal Fish and Wildlife Habitat (SCFWH) recognized by the Town as worthy in protecting. 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 populalions, 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. Nesting shorebirds inhabiting the Jockey Creek Sandspit are highly vulnerable to disturbance by humans, especially during the nesting and fledgling period (March 15 through August 15). If the actions are approved (dock and bulkhead replacement) the following best management practice (BMP) is recommended: That any activity associated with the replacement ora dock and/or bulkhead occurs outside of the critical breeding, nesting and fledging period (March 15 through August 15). The BMP recommended above will further advance Policy 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. If the Agency, Board of Trustees makes a contrary determination of consistency~ the Agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. H In the event the LWRP Coordinator's recommendation is that the action is' inconsistent with the LI4/RP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L ~VRP policy standards. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 b--~x: 631-283-6136 www.enconsultants.com ENVIRONMENTAL CONSULTING July 29, 2008 Mark Terry, LWRP Coordinator Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 . Re: Rosa Hodtson~ 4845 Pme Neck Road~ Southold Attached please find an LWRP Consistency Assessment Form, which is being submitted in association with an application to the Board of Trustees for a Town Wetlands Permit to replace ' (in-place) an existing dock and. timber bulkhead. ,~ · I have indicated that ~1 l~olimes are "Not Applicable," because,p.,u~.~a~own Code §268- 5(A) and the cgrrespo~ definitions of"action" and '.'~. or,a~,~d~"~,y. §2..8&~the submission of a LWRP/~onsi_s~acy Assessment Form is not require_cl_ ~"ttg"~'n~l~plicatlon, as the pro.P0.sed work enta~sX~nl.v~i~ "malntenance,n~ repair-jnvolvinKt~t'o substantial changes in an exastm, g 1 Management Specialist cc: Lauren Standish, - 1 2008 Town of Souihold A. INSTRUCTIONS 1, LWRP CONSISTENCY ASSESSMENT FORM A II applicants for perm its* including Tow n of S0uth01d agencies, shall corn plete this C C A F for proposed actions that are subject to the Town of S0uth01d W aterfr0nt Consistency Review Law. This assessmentisintendedt0 supplement0therinf0rmati0n used byaT0wn0fS0uth01d agency in making a detecto inati0n 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 detail, listing both supporting and non- supDortine 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, th~artment, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION IID'll _ 6__. The Application has been submitted to (check appropriate response): TownBoard I'~ PlanningBoardl'~ 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) Permit, approval, license, certification: Nature and extent of action: Remove and replace (in2E~ace_U e~tin? d.~ock, consisting of a 6' x 87' fixed pier, 6' x 24' fixed "L" section, 4.5' x 33' step-down platform, and a 3' x 14' r palii'~"~ana~' x 20' float s_~ecure~e2~y (2) 8" pilings; remove and replace (in-place) 9' x 11' pervious patio and 4' x 8' ~'teps to dock; cons~l~proxi~of vinyl bulkhead in place of existing timber bulkhead; backfill bulkhead with approximately 75 cubic yards of clean sand to be tracked in from an upland source; and establish 10' non-turf buffer adjacent to bulkhead, all as depicted on the project plan prepared by En-Consultants, Inc., dated July 28, 2008. Location of action: 4845 PINE NECK ROAD, SOUTHOLD Site acreage:. 7.15 ACRES Present land use: 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: ROSA HODGSON (b) Mailing address: P.O. BOX 1644 SOUTHOLD, NY 11971 (c) Telephone number: Area Code 917-532-8057 (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 all proposed Best Management Practices that will further each policy. Incomplet~ 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 W1 Yes D No Not Applicah,e 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 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 V~ Yes [-~ No E~ 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 Ill - Policies; Pages 34 through 38 for evaluation criteria. ~ ~es [-3 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 Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Pro?ct Southold's water-dependent uses and promote sitin~ of new water-dependent uses in suitable Iocataons. See LWRP Section IH - Pohcaes, 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 Peeonie Estuary and Town waters. See LWRP Section III - Polities; 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. I-1 Yes W1 No Not App,eaUe PREPARED BY RTE.~ER ROBE RMANN TITLEcoASTAL MGMT SPECIALIST DATE 7/29/08 Amended on 8/1/05 NON-TURF BUFFER l' = ' AN~ JOCZ-~Y (]a~f.K N B, Ne~ ) ~ ALW / \ I. Pur~: ~tam e~l~i~ e~ c~d 2, P~: ~W EN-CONSULTANTS, INC. 1319 NORTH S~A ROAD ~CflON 1Y~ IN-PL~ i:~I.KF~/~ AN~ POCK I~PL,~M[NI'