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HomeMy WebLinkAbout1000-76.-1-15.6OFFICE 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//6174 for VICTOR RERISI SCTM//76-1-15.6 VICTOR RERISI requests an Amendment to Permit//6174 to construct a fixed open walkway 4'X 67' with decking a min. of 3.5' above vegetated grade, hinged ramp 3'X 10', and floating dock 5'X 20', and install two 6" dia. Piles to secure the floating dock. Located: 850 Private Rd. #22, Southold. SCTM//76-1-15.6 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 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 communit3, 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 factors: (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 fee0. 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 Southoid ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory 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 1~ 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: Cutchogne 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). 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: Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, watersMing and other water-dependant activities; g/hether 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 surfuce water quality and natural resources; Whether the dock will cause habitatjkagmentation and luss of si[,,nificant 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. The proposed action and associated impacts could be mitigated by mooring a vessel next to the existing dock. This alternative would lessen the potential impacts to the high and low intertidal marsh habitat within Goose Creek. [ 7] Whether the dock will result in tile destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass fZostera marina) and wicl~eon grass (Ruppia marilim~o or shellfish: [~] Whether the dock will unduly restrict tidal flow or waler circulation: [9] Whether the dock will be sqfe when constructed: [I O] Whether the clock will advers'e(!: q[Jkct views, viewshed~ and visla~ imporlant lo the communily; [l l] Whether the cumulative itnpacts t~/'a residential ~md commercial dock will change the waterway or the environment and whether ahernate design, construction, and location of the dock will mininfize cumulative impacts; and [12] Whether adequale./bcililies are available lo boat owners' ~md/or operators jbr./beling, dischas~e qf waste m~d rubbish, electrical service and water service. Figure #1 Existing dock. The t'ollosving 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 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. tZ In the event the LWRP Coordinalor's recommendation is ltl6ll lhe action is inconsistenl wilh the I. WRP, and the agentT makes a contra~T determiuation (4/' consistencT, the agency shall elaborate in writing the basis fi)r its disagreement with the recommendation and state the manner and extent to which the action is consi,s'ten! with the L WRP polirT 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. LWRP CONSISTENCY ASSESSMENT FORM SCTM~, 1000-76-1-15.3 PROJECTNAME GAlL RERISI DOCK EXTENSION The Application has been submitted to (check appropriate response): TownBoard ~] Planning Board ~'] Building Dept. [] Board ofTrustees ,~-.~-~ 1. Category of Town of Southold agency action (check appropriate'response): (a) Action undertaken directly by'Town agency (e.g. capital conslmction, planning activity, agency regulation, land mmsacfion) Extend existing dock~ add ramp and float Locafion of action: 497 Private Road #22~ Goose Creek 0.77 acres ' Site acreage: Present !and use: S ingle- family res idenc e R-40.. 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: Gail Rerisi Co) Ma{llngaddress: PO Box 112, Bayville NY 11709 (c) Telephone number: Area.Code( ) 51 6-628-1150 (d) Application number, if any:. --- Will ~on be direcdy undertaken, require funding, or approval by a state or federal agency? Yes ~ NoN Ifyes, wh/ch stateor federal agency? NYSDEC APPLICANT: GAlL RERISI SCTM #: 1000-76-1-15.3 LWRP CONSISTENCY ASSESSMENT FORM Policy 1 [] YES 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. ~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 intent and nature of the project 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 accessory to and accessed fi'om private property. The project is cerlalnly a beneficial use of the coastal location, and the incremental increase in development in the area is insignificant. Policy 2 Preserve historic resources of the Town of Southold. [] YEs [] NOT APPLICABLE There is no evidence to indicate that the immediate area of the project includes historic 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 [] YEs Enhance visual quality and protect scenic resources throughout the Town of Southold. ~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 structures in the area, and will not adversely affect the dynamic landscape elements (tidal fluctuations, seasonal vegetation changes; seasonal/diurnal changes in ambient light) which might contribute to ephemeral visual qualifies. Policy 4 Mioirnize loss of life, structures, and natural resources from flooding and .~IOU. [] YES k~ NO [] NOT APPLICABLE It is intuitively obvious that the likelihood of the structure proposed contributing to increased hazards which could result in the losses listed is minimal. Natural protective features will not be adversely affected Policy 5 [] YEs oteCt and improve water quality and supply in the Town of Southold. [] 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 during construction and thereafter during active use of the structure will be minimal. Policy 6 [] YES Protect and restore the quality and function of the Town of Southold's ecosystem. ~NO [] NOT APPLICABLE Although the shading resulting from the project structure may adversely affect the sparse submerged wetland vegetation which may exist immediately under it, efforts will be made in the eoustruction to space the deck planking to permit some sunlight through. The extension and dock additions are all in 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 requirements, at all levels of government, will be strictly complied with. No dredging, excavating, or filling is proposed. Policy 7 [] YEs oteCt and improve a~r quality in the Town of Southoid. [] NOT APPLICABLE The construction or use of the project as proposed will not result in si~ificant amounts of new air pollution. The siting of the dock is such as to limit the usable size of the beat, and thus the size of its engine. Policy 8 [] Minimize environmental degradation in the Town of Southoid 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 pelxoleum products, if any, will be accomplished through the use of approved containers and facilities, and approved methods of handling and storage will be followed. Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. [] YES [] 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 Peconic Estuary and Town waters. [] NO ~[NOT APPLICABLE This policy is not applicable to the proposed project. Policy 12 [] YEs Protect agri~91tural lands in the Town of Southold. [] NO [~rNOT 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 efficient 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 petroleum 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 w~E.. - S I 1"= 40' I .ooO' -2.D I -O,6 SEA LEVEL MAPPING P.O. Box366 Aquebogue, NY 11931 ROBERT H. FOX NYS PbS~ 501~7