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HomeMy WebLinkAbout1000-70.-6-33 (2)OFFICE 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 L_ From: Date: Re: Jim King, President Town of Southold Board of Trustees Scott Hilary and Mark Terry, LWRP Coordinators August 20, 2008 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for ROSA HODGSON SCTM#70-6-33 En-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 Iff 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 10' 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 I~C~ONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. ~__~__~t~r'~ 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 slalulo~y and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendalions 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. (ti) Review and npprova~ of dock app~&~ati~ns~ Bq[bre issuin~4 a permit f~r a dock structure~ the Trustees shait consider whether the dock will have any of the followh~g harn~/~tl effbcts: [l] Whether the doc/( will impair navigatkm or be &cared in areas q/high vessel trqffic 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 ~vas to be designed approximately half the length of the existing dock structure. C In water. Thejbllowing stand, wds are required fi)r all in-water operolions adjacent to residential properties. Operations conducted on properties zoned MI or ~42 may be given grealer./lexibilio~ in these requirements given the water- dependent nature of lheir use. (2) Docks'. Cb) Dock locations and lengths. [/tmended lO-1l-2OO5 ky L L. No. 17-2005] ill No dock shall be erected or extended if in the opinion qf the Trustees, such structure wouhl adversely t~fi, ct navigation, fisheries, shell fisheries, scenic quali(v, habitats or wetland areas. Wilhin creeks and other narrow waterways, no dock length shait exceed 1/3 the total wMth of the water body. Determinalion qf lhe length qf the dock mttsl include the dimensions qf the vessel. [?] Whether the dock will unduly inte(]bre with the public' use qf watemvays fi~r swimming, boalh~g, fishing, shel~fishing, walerskiing and other water-dependant activities; [3] Whether the dock will unduly inte~[bre with lrcmsit hy the public along the public beaches or foreshore: [4] Whether the dock will significantly impair the use or value of waterJhml properO~ adjacent to or near the dock; [5] Whether the dock will cause degradation qf su~Jbce water quality and nalural resources: [6] Whether the dock will cause habiml.Jh~4menlation and loss ¢'sign~crmt coastal fish and wildl~fi, habitats; [7] Whether the dock will result in the destruction qf or prevent the growth qf vegelaled wetlands', seagrasses including eelgrass (Zoslera marina) and wk~4eon grass (Ruppia maritima) or shel(fish: [8] Whether the clock will undu(F restricl tidal flow or waler circulation; [9] Whelher the dock will be sqfi, when constructed: [l O] Whether the dock will arh;erse[y q[]~,cl views, viewshects' and vistas in¢orlanl to the community; [l 1 ] Whether the cumulative incacts qf a residenlial and commercial dock will change the waterway or the environment and whether ahernate design, construction, and location (¢f the dock will minimize cumuh~tive impacts; and [12] Whether adequate.fiwilities are available to boat owners and/or operators.fi~r./heling, discharge r¢'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 (BULKHEAD 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 ora silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shah be determined by the Trustees or their designee. AH 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 St Protect and improve water quality in the Town of Soothold and Policy 6 Protect and restore tidal and fresh water wetlands. Policy 5 Protect and improve water quality and supply in the Town of Sonthold. 5.3 Protect and enhance quality of coastal waters. B. 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. A. Comply with statutory and regulatory requirements of the Southold 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. If the action is approved the following best management practice (BMP) is recommended: 1. 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. 7'he 7bwn ~'SouthoM is rich in habitats lhal support diverse and (¢fien large wildl~[b popuk~tions, many qf which are (~f commetz'ial or recreational value. The importance qf lhese habitats has been recognized through the state designation as S~n(~k'ant Coastal Fish and Wildl~/~ Habitats in Southold. These habitats cover they, ll range ~'habitats ~vpical on the East L:nd qf Long [~'land and include dunes, beaches, wetk~nd~, island~ and open water. ~e ~bwn ~SouthoM recognizes the importance q]~rotectin~ and enhancing these wedand~' 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 fiedging period (March 15 through August 15). ['he 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. In the event the LWRP Coordinator%' recommendation is that the cwtion is inconsistent with the LWRI~, and the agent)' makes a controry determination of consisteno', the agentT shall elaborate in writing the basis Jbr its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP polio? standard~, Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 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 and Mark Terry, LWRP Coordinators Date: September 17, 2008 (AMENDED) Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for ROSA HODGSON SCTM#70-6-33 En-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 10' 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 is EXEMPT pursuant to § 268-3. MINOR ACTIONS -- Include the following actions, which are not subject to review under this chapter: Replacement. rehabilitation or reconstruction of a structure or facility, in kind, on the same site. including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHAJ law where structures may not be replaced, rehabilitated or reconstructed without a permit; 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 is EXEMPT pursuant to § 268-3; provided that a silt boom is installed prior to the replacement of the bulkhead that will retain all suspended sediments within the immediate proiect area pursuant to § 268-3 GG. MINOR ACTIONS -- Include the lbllowing actions, which are not subject to review under this chapter: Repkwement, rehabilitation or reconstruction ~'a strzwture orJ~wility~ in kind, on the satne site, including upgrading buildings lo meet building or fire codes, excep(~br structures in areas desi~ated tLv the Coastal Erosion Hazard Area (('EHA) law where structures may not be replaced, rehabililated or reconstructed without a permit; Bulkhead to replace existing bulkhead on the applicw~t's properO; in the same location with a sih curtain employed during construction: and [Added 6-6-2006 I~v L. L No. 7-2006J If the action is approved the following best management practice (BMP) is recommended: I. Require a minimum 20' non-turf buffer landward of the bulkhead. Figure #1 Existing dock and bulkhead. 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. 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: I'hat any activity associated with the replacement ora dock and/or bulkhead occurs outside of the breeding, nesting and fledging period (March 15 through August 15). Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action.