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HomeMy WebLinkAbout1000-64.-1-12OFFICE 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: April 8, 2009 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for PHILIP STANTON SCTM#64-1-12 Eh-Consultants, Inc. on behalf of PHILIP STANTON requests a Wetland Permit to remove the existing dock and construct approx. 35' to the east a new fixed timber dock consisting of a 4'X 53' fixed catwalk, 3'X 14' hinged ramp, and a 6'X 20' "L" shaped float secured by (2) 8" dia. pilings. Located: 302 Town Creek Lane, Southold. SCTM#64-1-12 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 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 water bod¥~ will not si~,nifleantl¥ impair wetland productivity and values~ and meets all dock standards pursuant to § 275-11 Construction and operation~ speciflcaii~ dock standard~ 3 as outlined below. Maritime activity in Southoid traditionally has been concentrated in the harbors~ inlets and creeks. Developed Coast Policy #1 promotes a continuation of the traditional pattern of maritime activity~ supportin~ the economic base~ maintainin~ the maritime character of the Town~ and avoidin~ disturbance of the reraainin~, 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 of maritime activity, enhancing stable residential areas, and preserving a~iculture, 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 o[ this policy is to protect existing water-dependent commerciai~ industrial, and recreational use,., and to enhance the economic viabilitF of water-dependent uses by 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/Jockey 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, waterskiing 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 rnaritima) 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; [l lJ 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) 2) Minimize the length of the docking structure to the greatest extent practicable. Design standards allowing for the public to access mist 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. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. A [I appli0ants f0r perm its* including T0w n 0f S0uth01d agen0ies, shall c0m p[ete this C C A F f0r proposed actions that are subject to the Town 0fS0oth01dWaterfr0ntC0nsistencyReview Law. This assessmentisintendedt0supplement0therinf0rmati0n used by aT0wn0fS00th0td agency in m a k in g a d e t e r m in a ti0 n 0 f c 0 n s is t e n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- sunoortine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. The Application has been submitted check appropriate response): Town Board I~ Planning Board~-~ Building Dept. Category of Town of Southold agency action (check (a) Action undertaken directly by Town construction, planning activity, (b) Financial assistance (e.g. (c) Permit, approval, license, Nature and extent of action: A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, th~Pl~anning Department, all local libraries and the Town Clerk's office. _ B. DESCRIPTION OF SITE AND PROPOSED ACTI~0~d PROJECT NAME PHILIPSTANTO~ a~ d CON~ 8"-DIAMETER PILINGS MARCH 17, 2009. ' :' !H~ EAST ;':' :-':~TIMBER DocK PRO/E CT PLAN I~ENpD21~6'DXB2y0' 'EL'd-SHAPE D ~TL2NATs S?~IN~ ~I~DD BdD(2) Location of action: 302 TOWN CREEK LANE, SOUTHOLD Site acreage: 0.55 ACRES Present land use: RESIDENTIAL, ONE-FAMILY DWELLING Present zoning classification: R-40 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: PHILIP STANTON (b) Mailing address: 18 ORCHARD STREET, APT. 5 NEW YORK, NY 10002 (c) Telephone number: Area Code 212-941-6101 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No [~ If yes, which state or federal agency?_ C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY 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 coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~Yes ~ No ~ Not Applicable 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 Applicable 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 Yes [--1 No [-3 Not App.cable THE PROJECT WILL BE CONSISTENT WITH POLICY 3, AS 1T WILL REPLACE AN EX1STING DOCK AND BE LOCATED BETWEEN SIMILARLY CONSTRUCTED, ADJACENT DOCKS (INCLUDING A COMMUNITY DOCKAGE SITE) AND WILL BE CONSISTENT IN CHARACTER WITH TOWN CREEK, WHICH IS CHARACTERIZED BY A PLETHORA OF SIMILAR, FIXED TIMBER DOCKS. 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 Ill - Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [~ Yes [~ No [~ Not Applicable THE EXISTING DOCK CONSTRUCTED OF TREATED WOOD DECKING W1LL BE REMOVED, AND THE NEW DOCK WILL BE CONSTRUCTED WITH NON-TREATED DECKING SO AS TO MINIMIZE ANY POTENTIAL WATER QUALITY IMPACTS ASSOCIATED WITH CCA OR OTHER TREATED TIMBER. 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. E~Yes [~] No __ Not Applicable THE PROJECT WILL REMOVE A PREEXISTING DOCK WHOSE FLOAT RESTS IN INSUFFICIENT WATER DEPTH AT LOW TID~.AND 4qAS THE POTENTIAL TO SIT ON THE BOTTOM DURING SPRING LOW TIDES IN FAVOR OF A DOCK THAT WOULD BE LOCATED APPROXIMATELY 35 FEET FARTHER EAST AND EXTEND APPROXIMATELY 10 FEET FARTHER SEAWARD. AT THIS LOCATION, THE FLOAT WILL REST IN WATER 3 FEET DEEPER AT LOW TIDE; AND THE DOCK WILL TRAVERSE LESS VEGETATED MARSH THAN THE EXISTING DOCK AND INTRUDE LESS THAN 15% INTO ADJACENT WATERWAY. THE NEW DOCK WILL ALSO BE CONSTRUCTED WITH UNTREATED DECKING, INCLUDING OPEN-GRATE FIBERGLASS- REINFORCED DECKING OVER THE VEGETATED MARSH. THEREFORE, THE PROJECT WILL REPRESENT AN IMPROVEMENT OVER THE EXISTING CONDITIONS IN EVERY WAY AND WILL CAUSE NO SIGNIFICANT ADVERSE IMPACTS TO THE ADJACENT WETLANDS OR TIDAL WATERS. Attach additional sheets if necessary Policy 7. Protect attd improve air qttality in the Town of Sottthold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes ~ NoR Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes ~ No ~ Not Applicable 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 [~ NoR Not Applicable THE PROPOSED DOCK WILL 1NTRUDE ONLY 10 FEET FARTHER THAN THE EX1STING DOCK AND 15% INTO THE WATERWAY, WELL WITHIN THE REQUIREMENTS SET FORTH BY CHAPTER 275. THE DOCK WILL IN NO WAY INTERFERE WITH NAVIGATION AND IS NOT LOCATED ALONG A SHORELINE USED FOR PEDESTRIAN ACCESS OR RECREATION. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote sitinl~ of new water-dependent uses in sui~ble hScations. See LWRP Section III - Policies; Pages 47 through 5~ for evaluation criteria. [~ Yes ~'] No ~] Not Applicable FOR REASONS DESCRIBED ABOVE, THE PROPOSED DOCK WOULD NEITHER ALTER NOR ADVERSELY IMPAIR THE SURROUNDING COMMUNITY CHARACTER, WATER USE, OR SCENIC QUALITY OF THE SURROUNDING ENVIRONS OF TOWN CREEK. Attach 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 ~] No [5~ Not Applicable 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 [1.] No [5~ Not Applicable Attach 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 PREPARED BY ROBERT ]~K3HERRMA~ TITLEcoASTAL MGMT SPECIALIST DATE 3/25/08 Amended on 8/1/05 EDGE OF N/F- p. STANTON ',2 1' = 40' +] EX, DBCK BE REHOVEI) 6' x FIXED CATWALK x 14' RAMP PILE (TYP.) Creek PROPOSP. P POCK ~PLACgMP. Nf/ I~.LOCAflON POl~ PHILIP 5fANI'ON ON ?OWN Cf~¢-I~K, 50LI11dOLO ~PPOLK COUNI'Y, Nl~W YOI~K 51-1P.l~f 10P 2 PROPO~P POCK I~LOGA?ION POR PHILIP 57~ON ON fO~ C~K, ~OL~ ~PP~K COB~, N~W YORK ~f 20P 2