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Home My WebLink About1000-64.-3-8OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: October 6, 2008 Re; Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for ALVAH & ALLAN GOLDSMITH SCTM#64-3-8 ALVAH & ALLAN GOLDSMITH request a Wetland Permit to construct a 4'X 70' dock leading to a 32" X 20' ramp and a 6'X 20' floating dock secured by two 10' dia. pilings. Located: 2550 Hobart Rd., Southold. SCTM#64-3-8 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 us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP; provided that the action will not interfere with or preclude other important water dependent uses conducted in this area~ will not significantly impair wetland productivity and values~ meets all dock standards pursuant to § 275-11 Construction and operation~ speciflcallF dock standards Iv 2 and3. Maritime activity in Southold traditionally has been concentrated in the harbors~ inlets and creeks. Developed Coast Policy #1 promotes a continuation of the traditional pattern of maritime activity~ supporting the economic baseI maintaining the maritime character of the Town~ and avoiding disturbance of the remaining natural shoreline and water areas. 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. The primary components of the desired development pattern are: strengthening the hamlets as centers of activity, maintaining a clear sense of separation between hamlet centers and the countryside, encouraging water-dependent uses to concentrate in existing locations o£maritime activity, enhancing stable residential areas, and preserving agriculture, open space and environmentally sensitive coastal resources. WORKING COAST POLICY Policy 10 Protect Southold's water-dependent uses and promote siting of new waterdependent uses in suitable locations. Maritime activity in Southold traditionally has been concentrated in the harbors, inlets and creeks. As noted earlier, Policy 1 promotes a continuation of this traditional pattern of maritime activity, supporting the economic base, maintaining the maritime character of the Town, and avoiding disturbance of the remaining natural shoreline and water areas. The intent of this polic~ is to protect existing water-dependent commercialt industrial, and recreational uses and to enhance the economic viability of water-dependent uses bF ensuring adequate provision of infrastructure for water-dependent uses and their efficient operation. This is relevant to Southold because other important concentrations of water-dependent uses are located at Orient Point, Orient hamlet, Gull Pond, Mill Creek/Budds Pond, Town/Joeke~ Creek, New Suffolk, James Creek and West Harbor. § 275-11 Construction and operation standards. 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 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, watersMing and other water-dependant activities; [3] 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 waterfront 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; [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. If the action is approved~ the following best management practices (BMP's) are recommended: 1) :) 3) The use of grid decking having greater than 50% light penetration to the substrate. Minimize the length of the docking structure to the greatest extent practicable. Design standards allowing for the public to access trust lands and water. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. ~I'o~ n 0f Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF flu' proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law I'his assessment is intended to supplement other information used by a Town of Southold aucucv in making a determination of consistency. *Except minor exempt actions including Bzdldin~?er)~ut~ and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of th.is form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Locttl Waterfi'ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of SouWold Town) .3. If any question in Section C on this form is answered "yes", then the proposed action may al]bet thc achievement of the LW~RP policy standards and conditions contained in the consistency rcv~cw l,u~ Thus, the action should be analyzed in more detail and, if necessary, modified prio~i to Inakinu :l determination that it is consistent to the maximum extent practicable with the I.WRP iwlic'. standards and conditions. If an action cannot be certified as consistent with the LWR? ?oil% 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 ~ cbs~tc (southoldtown.northfork.net), the Board of Truste~ O+,rSc:, ti-~ Pl~ng-D~l~ar~nt-e'ht' all libraries and the Town Clerk's office. ]) 1~ (v~ Ii; ;~ ~ . .& F--- ' B. DESCRIPTION OF SITE AND PROPOSED ACTIOP ~i SCTM# ~.. ~ ~ L ............. The Application has been submitted to (check appropriate respc ase): ~::, ,:: of 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 a~ extent of action: I Site acreage: ~ Present land use:/~c~tl~d ~ If an application for the proposed action .has been filed with the Town of Southold agency, the following information shall be provided: , (c) Telephone numberi Area c0~t~ (: ;): [~.7o ~ -,44-~ (d) Application number, if any: Will the action be directlyU d;'rt ;2 r,q , or'app ova by a state or federal agency? Yes ~ N; ['--] . If yes, .which state or federal agency? ~I~,.[X~i A(/~' 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 benefici~/I use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page'2 for evaluation criteria. 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~ ~ : 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 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 [] N° ~ N°t APplicable '~' a~f~ Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -7 policies Pages 16 thrpugh 21 for evaluation criteria . . , ~-] Yes ~ No ~-]Not~ppii~a~l'e!~[~! ~' 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 n~sary Policy 7. Pages 32 through 34 for evaluation criteria. [] Yes ~'~ No~7~ Not Applicable Protect and improve air;qualitY in th'e Town of Southold. see LWRP Section III - Policies 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. 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 Southoid. 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. Protect Southold's suitable ocations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. I ' water-dependent uses and promote siting of new water-dependent uses in '~Yes ~-] No [] Not Applicable . Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, lhe Peconic Estuary and Town waters. See LVvllP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~ No [] Not Applicable '~td~. ~ 0~ 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~}~tNot Applicable~.~,~t~0~ Anach 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 Applicabl~..~ _ Created on 5/25/05 l l.'20 AM Date: To: Proposal: August 27, 2008 Southold Town TnJstees and Mark Terry Remove existing timber ramp. Construct a 4'x20' ramp to a 4'x40' fixed dock leading to a 32'~x20' seasonal aluminum ramp onto a 6'x20' seasonal floating dock with a landward 4'x4' access platform, secured by two 10" diameter piling. DEVELOPED COAST POLZCTES Policy I Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of in;iaaa, dcture, makes beneficial use of a coastal IocaUon, and minimizes adverse effects of development. Our proposal is consistent with this policy in that it a dock structure that will be utilized by the property owner to access his boat in order to access larger bodies of water. Our proposal makes beneficial use of this waterfront location. Waterfront property is the only appropriate location for a dock. The addition of this structure will not increase adverse efr~-l~ on development. 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. Any disturbance to the indigenous vegetation during the initial construction is expected to m-establish within a season's time. The size of our dock structure is appropriate for this area. We are proposing a small 4' wide structure to access adequate water then place a 6'x20' seasonal float to service a small boat. NATURAL co/L.%-r POliCIES Policy 4 Hinimize loss of life, structures, and natural resources from flooding and erosion. Our proposal has no impacts on the flooding or erosion of natural resources. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will not have any impact of the water quality or supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. Our proposed dock facility will have minimal effects on the ecosystem. During the initial construction there will be a disturbance to the ecosystem but this area will easily re-establish itself within one season. We have submitted applications to all other governing agencies (DEC, ACOE, DOS) and we will adhere to any special conditions placed on this project in order to protect the wetlands on this site. 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. Polio/8 Hinimize environmental degradation in the Town of SouthoM 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 POI.TOES Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Our proposal will give the property owner the ability the access his boatsand engage in the recreational use of coastal waters. The dock will not inhibit others ability to access these same w~ters. Page 2 of 2 LWRP for Goldsmith's Boat Shop, Inc. WORICTNG COAST POL/CTES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. This is a waterfront piece of property. With the addition of this dock facility the property owner will be able to access his boat to engage in water-dependent activities such as kayaking, fishing, site seeing, water-skiing and swimming. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. Our proposal is minimal in size so there won't be much impact on the living marine resources. The dock will be only zt' wide minimizing the shading of the existing vegetation. The structure will also be constructed a minimum of 3 1/2 feet over grade allowing for significant sunlight penetration. With adequate sunlight penetration, the wetlands will continue to thrive allowing them to maintain their function of providing food and shelter for small fish. Policy 12 Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southold. Policy 13 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. I / / / / I -I.0 -I.& -I. 7 I t