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Home My WebLink About1000-59.-6-9 (2)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 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Date: '4al~y.2,.2008, ~ Chapter 268: Waterfront Consistency Review Wetland Permit for RICHARD JOHNSON & PAMELA MAINO SCTM#59-6-9 RICHARD JOHNSON & PAMELA MAINO request a Wetland Permit to construct a 4'X 10' ramp up to a 4'X 18' level fixed dock section with a 3'X 10' seasonal wooden ramp onto a seasonal 5'X 18' floating dock secured by (2) 4"X 4" posts. Located: 7617 Soundview Ave., Southold. SCTM#59-6-9 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 the denoted following LWRP Policies and Policy Standards as outlined below and therefore is INCONSISTENT with the LWRP. Great Pond~ also known as Leeton's Lake is a unique natural and recreational resource unlike no other in the Town of Southold. Great Pond is a natural resource that provides benefits including: open space~ habitat for fish and wildlife~ water quality enhancemenh flooding, and erosion protection~ scenic value~ recreational and environmental education opportunities. The Town recognizes the ecological~ economic and aesthetic values Great Pond has to offer. Policy 6-Protect and restore the quality and function of the Town of Southold ecosystem. Policy Standard-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. The applicant must demonstrate that the following dock standards have been met~ pursuant to § 275-11 Construction and operation standards. § 275-11 Construction and operation standards. (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, shell fishing, waterskiing and other water-dependant activities; The proposed action will impede navigation of small watercraft and interfere with public use of the shoreline such as wade-fishing. [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; Great Pond's natural environment is the home to a multitude of plants and animals. Activities and structures along the shoreline can potential damage these organisms~ their habitats and the complex food webs that support them. When structures such as docks continue to grow in number and size~ there can be an adverse impact on the near-shore ecology. Structures on lakes~ such as docks~ can have direct~ indirect and cumulative impacts on these sensitive habitats. The increasing number of docks along the shoreline of Great Pond has the potential to degrade sensitive freshwater habitat by making changes to the bottomland~ and water column~ as well as shading vegetation. During dock construction, activities along the shore may cause sediment and contaminants to enter the water column where they may interfere with rearing fish and fish food items such as insects~ plankton and algae. Shading by improperly designed docks and floats may reduce or eliminate the growth of aquatic vegetation~ an integral part of the lake food web. Preservatives from treated wood may seep into the water and sediments around docks and may cause lake sediments to become toxic to aquatic organisms. [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; Habitat fragmentation could result in a net loss of fish and wildlife habitat essential for spawning fish such as Largemouth bass (Micropterus salmoides). [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, sea grasses including eelgrass (Zostera marina) and widgeon grass (Ruppia marititna) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9J Whether the dock will be safe when constructe& [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; The cumulative impact of docks on Great Pond could adversely affect the 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 There are only a few docks on Great Pond and because of the size and nature of this body of water, the potential cumulative impact associated with the build out of docks on the shoreline would adversely impact the water body. [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. 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 9-Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Policy Standard-9.4 Assure public access tn public trust lands and navigable waters. A, Provide,/bee and substan~ial~3~ unobstrm ted passage ahmg public lrusl shore/ands. E. ProvMe access to. and reasonable recreational use qfl navigable waters and public trztst lands' zmcter water. The proposed action will project approxinmtely 43 feet into public trust waters and therefore will impede and obstruct the public use of such waters. The applicant enjoys "reasonable recreational use' of Great Pond via a cleared path to the waters edge. The path is sufficient for the launching and retrieval of manual powered water-craft (see Figure #1 below). The area also off'ers ample storage for such water-cralt (see Figure #2 below). (Figure # 1. Launching access for water craft via applicant's property.) (Figure #2. Ample shoreline storage for watercraft on applicant's property.) Policy Standard-9.4 Assure public access to public trust lands and navigable waters. 2. Permit limited obstruction qf publk~ use, including navigation, in navigable waters: 3. Obstruction of navigable waters and underwater lands is limiled: b. to the minimum necessa;2F,/br access to navigable waters. 77~e minimum ix determined by ewdualing the./blh2wingjbctors: (i) the extent pi'the use5 dependence on access to navigable (iii) the size crud nature of ~he body qf waler, ;iv) the nature r?f public use ~?f lhe ad[acent watet~; As indicated above~ Great Pond is a significant freshwater fishery offering diverse fishing opportunities through-out all seasons. When fishing Great Pond, the shoreline corridor is the primary means of access when navigating small water-craft and wade-fishing. Therefore the proposed action will impede and obstruct upon access to the shoreline corridor~ inhibiting these water-dependent uses. In addition~ user groups of the Peconic Dunes Camp Suffolk County Parkland utilize Great Pond for numerous water dependent recreational uses. The proposed action would further impede and obstruct upon those recreational uses of park patrons. (~!) the lraditional means r?f access used ~¥ surrounding similar uses, (vD whether or nol a[ternative means to [4aitl access are avaiktble. The applicant enjoys alternate means of access to Great Pond via the Town's right-of-way off Lake Court (see Figure #3 below). This public access is conforming to launching of small craft such as canoes~ kayaks~ and aluminum boats suitable to the size and nature of this water body (Great Pond}. (Figure #3. Public access to Great Pond off Lake Court.) c. by extent and characteristics q/'the developable ar~jac'ent upland area and its abilio; to supporl in-waler developmentJbr the water-dependent use. d. ~¥ potential adverse q~]~.cts on natured resoutz'es and lheir uses, and e. hy potential adverse ¢{]~.cls on public sr~O,. Water-skiing is indicated as a proposed water-dependent use on the Coastal Consistency Form filled out by the applicant. The size and nature of Great Pond does not support water-skiing as a recreational activity and further the use of boats propelled by internal-combustion engines on any inland freshwater resource in the Town of Southold is prohibited pursuant to § 96-17. Chapter 96, BOATS, DOCKS AND WHARVES § 96-17. Internal-combustion engines; mufflers. A. No boat propelled by an internal-combustion engine shall be operated on any inland fresh waters in the Town of Southold except in emergency or rescue operations or by peace officers in the performance of their duties. [Added 8-10-197l] If the Agency (Board of Trustees) makes a contrary determination of consistenc¥~ the Agency shall elaborate in writing the basis for it's disagreement with the recommendation Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. In Ihe evenl the LkVRP Coordinalor's recommendation is that the action is inconsistent with the LWRP, and the agentT makes a contras)~ delermb~alion qf consistenqw the c~encT shall elaborate in writing lhe basis ./br its dis~reemenl with the recommendation and state the manner rind extet~t to which the action is consistent with the LWRP poIicT stat~darrt~, (Figure #4. Johnson & Maino parcel.) Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. To,~n of Southold LWRP CONSISTENCY ASSESSMIgNT FOR/VI ~ ~'cy[)( °~'\ / ~-,.~6 I., All applicants for permits* including Town of Southold agencies,~licom;lete this CCA. F proposed actions that are subject to the Town of Southold Waterfront Conl'~.q!,ency Review Lax; This assessment is intended to supplement other information used by a Town of Southold agency making a determination of consistency. *Except mi~or exempt actions including Building 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 ex,:inlet minor action list, policies and explanations of each policy contained in the Town of $outhold Local Waterfi'ont Revitalization Program. A proposed action will be evaluated as to its signilicanl beneficial and adverse effects upon the coastal area (which includes all of Southold Town) .3. If any question in Section C on this form is answered "yes", then the proposed action may a£tkct the achievement of the LWRP policy standards and conditions contained in the consistency rcx'~e~ l;~xx Thus, the action should be analyzed in more detail and, if necessary, modified prior' to in:tkinz :t determination that it is consistent to the maximum extent practicable with the LWRP ix)lie'. standards and conditions. If an action cannot be certified as consistent with the LWRP potici, standards and conditions, it shall not be undertaken. The Application has been submitted to (check appropriate respon~ Town Board [~ Planning Dept. [--] Building Dept. [] 1. A copy of the LWRP is available in the following places: online at the Town (southoldtown.northfork.net) theBoard ofTmstees Offic. e the p~am~t-9.-m~rtmera · ' , r~ 'x ~-° · ir~ 1! ~,,,-~ -r-~,- hbranesandtheT°wnClerks°ffice- I 'h* 12 ~ (P~ [! ', B. DESCRIPTION OF SITE AND PROPOSED ACTION '~ .~ L Board of Trustees~ 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. grantl loan, subsidy) (c) Permit, approval, license, certification: Nature and extent Qf action: Site acreage : · Present land use: ~'unti~Jt. ~0_~u. jtll Ifm ~p~cation for ~, prop0~ ~'0h h~'b~ fil~ ~m me Tom of Sou~old agency, the following i~omafion sh~ be pm~d~: ~ .. (c) Telephone nmber~ ~m C0d~( .J35[ ' {,qfi - 4& ~ (d) Applica~n nmb~, iffy:} Wdl ~e at,on be ~ectly ~de~e~ r~e ~g, or'~prov~ by a state or federal agency? No~ · Ify~,wMch~teor f~ agmc~ M~, -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~il use qf a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Attach additional sheet~ if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [--] Yes ~'] Noz[~J' Not Applicable · A. ttach 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 N; Not Apphc.,~lzle . .. , . Attach additional sheets if necessary NATURAL COAST POLICIES ~oliey 4. Minimize loss of life, strueture~? and natural res0urees from floodin~ and erosion. See LWRP ectlo~ III - Policies P?ges,8~hrougli:16!f0~'e~,~lUation, eriteria: ...... : -- ot.Applica le Ar. ach additional sheets if necessary Policy 5. Protect and 'reprove water quahty and supply in the Town of Southold. See LWRP Section III ?.Policies pages 16 through 21 for. evaluation criteria Attach addihonal 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 shccts if necessary Policy 7. Protect and improve air quality in th'e Town of Southold. see LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Ai~ach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section II/- 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 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. Protect Southold's water-dependent uses and promote siting of new water-dependent uses iu suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~¥es ~-] No ~] Not Applicable ~ .,. A~ach additional sheets if necessary Policy 11. 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. ~ Yes 7 No [] Not Applicable At~ach additional sheets i£necessary Policy. 12 Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes ~-~ 1N'o~NotApplicable Ar~ach 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 Created on 5/25/05 11.'20 AM D *te: To: Proposal: August 27, 2008 Southold Town Trustees and Mark Terry Construct a 3'x10' ramp onto a 3'x27' fixed dock with a canoe storage rack. Install one swim ladder. DEVELOPED COAST POL][CZES Policy I 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 coa~,:i location, 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 water deep enough to uso a ~t and/~. Our proposal makes beneficial use of this waterfront location. Waterffon~roperty is t~e only appropriate location for a dock. The addition of this structure will not increase adverse effects on development. Policy 2 Preserve historic resources of the Town of Southold. This project location has no significant historic resources. Policy 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 re-establish within a soason's Ume, The size of our dock structure is small and more than appropriate for this area, We are proposing a small 3' wide structure to access deeper water, NATURAL COAST POL/C~ES Policy 4 Minimize loss of lifo, structures, and natural resources from flooding and erosion. Our proposal has no impact~ 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 proposod dock facility will have minimal effects on the ecosystem. During the initial construction there will be a disturbance to the ecosystem mainly while sotting the pilings to support the dock. 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 weUands 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, Policy 8 Minimize environmental degradaUon in the Town of Southold 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. PUBItC COAST POLTCTES Policy 9 Provide for public access to, and recreaUonal use of, coastal waters, public lands, and public resources of the Town of Southold. ~-~-~ ~ Our proposal will give the property owner the abili~ his ~a~ arCd engage in the recreational use of coastal waters. The dock will not in ~-h-~:~-t~ability to access these same waters. Pa~e 2 of 2 LWRP for Johnson WORKZNG COAST POLICIES 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 wilt be able to engage in water-dependent activities such as kayaking, fishing, site seeing, 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 be 3' wide and decked with grate decking 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 fiJnction 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+~+l ['H-H {'q+t [ PH-J ]-{~i. ,H+{. IIIH II Ill I I IIII I Illlll IIl[~J,, ' IlJlllilJllllJllllll ~ \ t'H'Jt'H-I J J J j -" j j Jl I I l I I'-'~ ~'~-""-'-~' IIIIII II IJl[llll;llll~ ./ JJ JJJ JJ J JJJJ~JJJJJJJJJ ~T INI