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Home My WebLink About1000-76.-1-15.3OFFICE 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 To: 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 Requests an Amendment to Wetland Permit #6173 for GAIL RERISI SCTM#76-1-15.3 GAIL RERISI requests an Amendment to Permit #6173 to construct a fixed open walkway 4'X 107' with decking a min. of 3.5' above vegetated grade, hinged ramp YX 10', and floating dock 5'X 20', and install two 6" dia. piles to secure the floating dock. Located: 497 Private Rd. #22, Southold. SCTM#76-1-15.3 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 us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. Policy 9-Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. The proposed action is private~ noncommercial and will not support a pattern of development that enhances community character nor preserves "Public" access or public recreational activities Policy Standard-9.4 Assure public access to public trust lands and navigable waters. A. Provide free and substantially unobstructed passage along public trust shorelands. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 3. Obstruction of navigable waters and underwater lands is limited: b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following/actors: (ii) the range of tidal water level fluctuation, The proposed amendment to the existing dock is not suitable in this location due to the limiting water depth (.6 to 1.8 feet}. As well, the Board of Trustees disapproved on July 20~ 2005~ at their regular public hearing the original request for a longer dock structure because of the limited water depths in this location. (vi) whether or not alternative means to gain access are available. The applicant currently enioys adequate access to navigable waters via the existing dock structure. The applicant also has an alternate means of access to Goose Creek via the Town's boat ramp off Gagen's Landing Rd. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with stalutory 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 proposed action is located in Goose Creek 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 in a Critical Environmental Area may be subiect to more stringent requirements such as denial of certain operations pursuant to § 275-11 Construction and operation standards. § 275-2 Definitions; word usage. CRITICAL ENVIRONMENTAL AREAS -- All sites previously nominated by the Town of SouthoM and designated by the New York Sate Department of state as Critical Environmental Areas worthy of protection including: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. The existing dock structure has already resulted in the destruction of and prevented the growth of vegetated wetlands {see Figure #1 below}. Therefore~ the construction and operation standards pursuant to § 275-11 have not been met. § 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. 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, waterslding 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 d~ck will significant~y impair the use ~r va~ue ~f waterfr~nt pr~perty adjacent t~ ~r near the d~ck~. [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; The proposed action if approved will result in continued habitat destruction and impairment with the physical loss of fish and wildlife habitat within a Critical Environmental Area. [7] Whether the docl~ will result ht the destruction of or prevent the growth of vegetated wethmds, settgrassex including eelgrass' (Zostera marina) and widgeon grass (Ruppia maritima) or shel~sh; [8] ~hether the dock will unduly restrict lidal.~]ow or water circulation: [9] Whether the dock will be sari~ when conslructe& [10J Whether the dock will adverse(i, qffect views, viewsheds' aml vistm important to the communi~: [1 l] Whether the cumulative impacts (?fa residenlial and commercial dock will change the waterwrO, or the environment and whether alternate des(~n, construction, and location (¢'the dock will minimize cumulative impacts: and [12] Whether adequaW,/~wilities are avaihtb[e to boat owners and/~r opetx~tor~ fi)r,/beling, r~scha~xe pf wasle and rubbish, electrical service and water xervice. Figure #1 Existing dock causing the destruction of and preventing the growth of vegetated wetlands. The following best management practice is recommended: 1) Require that the applicant replace the wood plank decking with grid decking having greater than 50% light penetration to the substrate. If the Agency~ Board of Trustees makes a contrary determination of consistenc¥~ 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, th In lite event the LWRP Coordinalor~ recommendation is that the ac'lion is inconxislent with the LWRP, and the agency' makes a contrary determination q[' consistencT, lhe agentT shall elaborate irt u'riting the basis fi)r its disagreement with the recommenctation and slate the manner and extent to which the action is consistent with the L WRP polkT stanctar~', Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. LWRP CONSISTENCY ASSESSMENT FORM' SCTN~,1000-76-1-15.6 PRO~ECTNAME VICTOR RERISI DOCK EXTENSION TownBoard D P]a-n'-gBoard[--~ Building Dept. ~ Boh'IffofTrustees Nature category of Town of Southold agency action (check appropriate'response): Action undertaken directly by Town agency (e.g. capital [-~ (a) eonstn~o~ rl.~.!.g acfix4ty, agency regulation, (b) Financial assistance (e.g. grant, loan, .subsidy) Permit, approval, license, certification:I and extent of aCdon: · '. . Extend existing dock; add ramp and floag · . Location of actiom 850 ~r~vate Road ~22, Goose qreek [ ~ ~y Pr~ent !~d me: Single-family residence ' l Bent ~ning cl~s~cafiom ~ ~ app~cafion for ~e pm~s~ ~on ~ been ~ed ~ ~e Tom of So.old ~ency, ~ ~: · e foHo~g ~omafion s~l be pro~d~: (a) NmeofappH~t: Victor Rerisi (b) Mailing address: PO Box 112, Bayville NY 11709 (c) Telephone number: AreaCode ( ) 51 6-628-1150 (d) Application number, if any:. --- Will~the ac~on be direcily undertaken, require funding, or appmval by ~ state or federal agency? Yes I'~rl No~-~ Ifyes, which state or federal agency?. NY~DEC APPLICANT: VICTOR RERISI SCTM #: 1000-76-1-15.6 LWRP CONSISTENCY ASSESSMENT FORM Policy 1 [] YES Foster a pattern of development in the Town of Southold that enhances com- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. ~NO [] NOT APPLICABLE The extension to increase the length of a small private-use dock in order to access usable water depths, and the addition of a hinged ramp and a float, is consistent with the character of the waterfront community, and because of the relatively small area of the proposed addition it is felt that there is no adverse impact on the desired preservation of open space. Infrastructure use is not a factor since the project is ac- cessory to and accessed from private property. The project is certainly a beneficial use of the coastal location, and the incremental increase in development in the area is insignificant. Policy 2 [] YES Preserve historic resources of the Town of Southold. ~0 [] NOT APPLICABLE There is no evidence to indicate that the immediate area of the project includes his- toric features, and it is to be expected that the mainly intertidal nature of the project area is unlikely to have been the site of recoverable artifacts of past civilizations. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. [] YES ~/NO [] NOT APPLICABLE The structure, both existing and proposed, is low profile and will be inconspicuous in the proposed location. It is compatible with many other existing shoreline struc- tures in the area, and will not adversely affect the dylmmie landscape elements (tidal fluctuations, seasonal vegetation changes; seasonal/diurnal changes in ambi- ent light) which might conlxibute to ephemeral visual qualities. Policy 4 [] YES Minimize loss of life, structures, and natural resources from flooding and ero- sion. ~NO [] NOT APPLICABLE It is intuitively obvious that the likelihood of the structure proposed con~buting to increased hazards which could result in the losses listed is minimal. Natural protec- tive features will not be adversely affected Policy 5 [] YES Protect and improve water quality and supply in the Town of Southold. ~NO [] NOT APPLICABLE The proposed project will not include a pump-out station nor will liquid or solid wastes be discharged into the water or wetlands. Disturbance of the creek bed dur- ing constxuction and thereafter during active use of the structure will be minimal. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosys- tem. [] YES ~NO [] NOT APPLICABLE Although the shading resulting t~om the project structure may adversely affect the sparse submerged wetland vegetation which may exist mediately under it, ef- forts will be made in the construction to space the deck planking to permit some sunlight through. The extension and dock additions are all over open water and there is no new impact on any surface vegetated area. The project is not located in a Significant Coastal Fish and Wildlife Habitat. All statutory and regulatory re- quirements, at all levels of government, will be strictly complied with. No dredg- ing, excavating, or filling is proposed. Policy 7 Protect and improve air quality in the Town of Southold. [] YES ~O [] NOT APPLICABLE The construction or use of the project as proposed will not result in significant mounts of new air pollution. The siting of the dock is such as to limit the usable size of the boat, and thus the size of its engine. Policy 8 [] Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. ~NO [] NOT APPLICABLE The project as proposed will not result in the generation of any additional solid waste. The handling and storage of petroleum products, if any, will be accom- plished through the use of approved containers and facilities, and approved meth- ods of handling and storage will be followed. Policy 9 [] YES Provide for public access to, and recreational use of, coastal waters, public lands, and p.~lic resources of the Town of Southold. [] NO [~ NOT APPLICABLE This policy is not applicable to the proposed project. Policy 10 Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. [] YES [] NO ~NOT APPLICABLE This policy is not applicable to the proposed project. Policy 11 [] YEs Promote sustainable use of living marine resources in Long Island Sound, the Pecouic Estuary and Town waters. [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 12 [] YEs Protect agricultural lands in the Town of Southold. ,dr [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 13 Promote appropriate use and development of energy and mineral resources [] YES [~O [] NOT APPLICABLE The planning and construction of the project is, and will be, such that energy effi- cient design criteria are applied throughout, based upon any local or State building codes, or upon practices generally recognized as desirable in this regard. As has been stated, any handling and storage of pe~oleum products will be accomplished through the use of containers, facilities and methods of handling and storage as approved for residential property use and generally accepted as safe. Hydrographic Map Measured Site: 02-03-05 Located New Docks: 09-12-08 Map Amended: 05-28-05 07-11-05, 08-05-05, 09-15-08 SCT#'s 1000-76-1-15.3 & 1000-76-1-15.6 Situate: Goose Creek Town: Southold Suffolk County, NY Datum: Low Water I 1"= 40' I N .ooO' SEA LEVEL MAPPING P.O. Box366 Aquebogue, NY 11931 Trustees ROBERT H. FOX NYS PI.S~ 60197