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Home My WebLink About1000-78.-2-15.2PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAILING ADDRESS: P.O. Box 1179 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Southotd, NY 11971 O~FiCE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator FEB 1 5 2006 Date: February 15, 2006 Re; Proposed Permit to Construct a Dock for Susan and Robert Toman SCTM#1000-78-2-15.2 ROBERT & SUSAN TOMAN requests a Wetland Permit to construct a 4'X 40' dock 3.5' above grade, a 3'X 8' ramp, and a 5'X 18' floating dock. Located: 3795 Main Bayview Rd., Southold. SCTM#78-2-15.2 The proposed action has been reviewed to Chapter 95, Waterfi'ont 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 Policy Standards and therefore is INCONSISTENT with the LWRP. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 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 66 foot total length of the proposed walkway/dock is inconsistent with the size of the surrounding open walkway/dock structures within the area. The dock and float to the west of the property is approximately 30 feet in length. The width of the creek in this area is narrow at approximately 59 feet (2004 Aerial photograph interpretation). The proposed structure is for private use and will not support a pattern of development that enhances community character nor preserves "public" open space. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. There is no opportunity to meet this policy Policy 3. Enhance visual quality and protect scenic resources throughout the Town of $outhoid. Policy Standard 3.1 Enhance visual quality and protect scenic resources throughout the Town of Southold including: Ao Minimize the introduction of structural design components (including utility lines, light'.lpg, signage and fencing) which would be discordant with existing natural scenic components and character, The action does not meet this policy, conversely, the applicant proposes a structure that will affect the scenic quality of the area. Using appropriate siting, scales, forms, and materials to ensure that structures are compatible with and add interest to existing scenic components. The structure scale is inconsistent with the surrounding dock/float structures. Preserve existing vegetation and establish new indigenous vegetation to enhance scenic quality, and The action will result in a loss of high quality low and high salt marsh. No restorative or mitigative plan has been submitted to minimize adverse impacts to the vegetation. Protect visual quality associated with agricultural land, open space and natural resources. The visual quality of natural resources (salt marsh) will be impaired as a result of the action. Policy 4. Minimize loss of human life, structures, and natural resources from flooding and erosion. No loss of human life is expected as a result of the action. If approved the structure will be designed and constructed to tolerate flooding and minimize erosion. Policy 5. Protect and improve water quality and supply in the Town of Southold. The materials used to construct the dock have not been specified. The use and need of the dock is undefined. The project area demonstrates shallow water depths. The installation of the propos6d structures may promote power boat traffic and the possible following negative impacts may occur from vessel use: Impacts to submerged aquatic vegetation, Contamination from fuel discharges (if power vessels are proposed) Erosion on shorelines, and Re-suspension &bottom sediments and turbidity To further the above policy and to reduce turbidity in the event that the proposed action is approved, the following Best Management Practice is strongly recommended: The encirclement of the entire project area with a floating turbidity screen to remain in place a sufficient number of days to allow the settling of the suspended solids. Policy 6. Protect and restore the qualiO~ and function of the Town of $outhold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. The proposed action is located within a tidal wetland- The proposed construction practices of the dock have not been identified. It is recommended that the applicant identi~ the proposed construction practices. Activities during dock construction can destroy vegetation either above or belowthe tide line by pulling them from the substrate or destroying their root system, The peat beds underlying salt 'marshes can also be compacted through the improper use of heavy equipment. In sea grass beds, the installation of pilings may have immediate impacts as well as cause long- term changes. Installation through "jetting" with high-pressure hoses typically disturbs a surrounding area-- depopulating grasses there prior to construction. Once areas are depopulated, the presence of pilings may lessen chances ofregrowth. Beal, Schmit, and Williams (1999) suggest that changes in seagrass communities in the vicinity of pilings may be caused by the modification of currents, sediment deposition, attraction ofbioturbators, and leaching from chemically treated wood. Both marsh grasses and sea grasses have adapted to living in extended periods of sunlight. Their photosynthetic pathways vary from many terrestrial plants allowing them to be highly productive in their natural settings. Shading can have significant impacts on the health and productivity of these plants. It is recommended that. the Board minimize shading from dock structures to the greatest extent possible. Based upon the above the action is inconsistent with the following policy standards. Policy Standards 6.1 Protect and restore ecological quality throughout the Town of Southold. The proposed action does not propose a restoration plan of areas that may be impacted (if any) during construction. 6.2 Protect and restore tidal and freshwater wetlands. The proposed action will result in a net loss of tidal wetlands. 6.3 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. No design or construction mitigation or best management practices have been proposed to minimize adverse impacts to the greatest extent possible. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See Policy 5 response above. Policy 9. 9.4 .4. E. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Assure public access to public trust lands and navigable waters. Provide free and substantially unobstructed passage along public trust shorelands. Provide access to, and reasonable recreational use of navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. 2. Permit limited obstruction of public use, including navigation, in navigable waters: a. for water-dependent uses involving navigation and commerce which require structures or activities in water as part of the use. b. for commercial recreational boating facilities, provided that the loss of navigable waters and use of underwater lands is offset by sufficient public benefits. c. in order to gain reasonable access to navigable waters from riparian lands. 3. Obstruction of navigable waters and underwater lands is limited: a. to the extent that it interferes with commercial navigation. The right of commercial navigation is superior to all other uses on navigable waters and may not be obstructed. b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the use's dependence on access to navigable waters, (ii) the range of tidal water level fluctuation, (iii) the size and nature of the body of water, (iv) the nature of public use of the adjacent waters, (v) the traditional means of access used by surrounding similar' uses, (vi) whether or hot alternative means to gain access are available. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative. c. by extent and characteristics of the developable adjacent upland area and its ability to support in-water development for the water- dependent use. c. by potential adverse effects on natural resources and their uses, and d. by potential adverse effects on public safety. Structures extending beyond the minimum necessary for access to navigable waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in the following circumstances: a. when necessary for practical and convenient operation of water- dependent industry or commerce, and provided that obstruction of commercial navigation does not result. b. for commercial recreational boating facilities provided that: (i) the loss of navigable waters and use of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does not result. c. when the principal purpose of the structure is necessary: (i) to provide public access for recreational uses (ii) for improvements for navigation (iii) for protection from coastal hazards, or (iv) for essential public transportation and transmission facilities. Ensure that navigable waters and marine navigation, whether on land or sea, are not obscured or rendered ineffective through poorly placed or directed lighting. The proposed action will remain private and will not support a pattern of development that enhances community character nor preserves "public" open space. In addition the proposed will impede navigation of vessels within the canal. Policy 10. Protect Southoid's water-dependent uses and promote siting of new water- dependent uses in suitable locations. Due to environmental constraints of this location (tidal wetlands, shallow water depth, narrowness of the creek in the area) this area may not be suitable for the construction of the proposed action. The applicant currently enjoys access to the water. 10.3 Allow for continuation and development of water-dependent uses within the existing concentration of maritime activity in harbors, inlets and creeks. A. Ensure that public actions enable these harbors, inlets and creeks to continue to .['unction as concentrations qf water-dependent uses. B. Protect and enhance the economic, physical, cultural, and environmental attributes which make up the character of these harbors, inlets and creeks. 10.4 Minimize adverse impacts of new and expanding water-dependent uses and provide for their safe operation. A. Limit thepotentialfor adverse impacts associated with development of a new water- dependent use by promoting the location of new development at appropriate sites. Appropriate sites include: sites which have been previously developed, sites which require minimal physical alteration to accommodate development, sites that already possess public infrastructure or locational characteristics that would support a water-dependent use. B. Avoid development of new water-dependent uses at sites that are located outside of the traditional concentrations o_f water-dependent uses or at sites that exhibit important natural resource values or where the proposed use will cause significant adverse qffects on community character, surrounding land and water uses, or scenic quality. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. As proposed, the action will not fully support the following policy standards. A. Ensure that commercial and recreational uses of living marine resources in the Town of Southold are managed in a manner that: 1. places primary importance on maintaining the long-term health and abundance of marine fisheries, 2. results in sustained useable abundance and diversity of the marine resource, 3. does not interfere with population and habitat maintenance and restoration efforts, 4. uses best available scientific information in managing the resources 5. minimizes waste and reduces discard mortality of marine fishery resources, 6. restricts com4n, ercial and recreational activities, including the use of certain gear types, gear sizes and practices that have negative impacts on marine habitats. C. Foster the occurrence and abundance of the Town's marine resources through: 1. protection of spawning grounds, habitats, and water quality, 2. enhancement and restoration of fish and shellfish habitat, 3. the prevention of over-fishing. 11.2 Provide for commercial and recreational use of the Town of Southold's finfish, shellfish, crustaceans, and marine plants. Maximize the benefits of marine resource use so as to provide: 1. a valuable recreational resource experience, 2. viable business opportunities for commercial and recreational fisheries. Protect the pubffc health and the 'marketability of marine and fishery resources by: 1. maintaining and improving water quality of fishery and marketable marine resources to protect public health. It is recommended that the Board of Trustees require the following outstanding items and issues be submitted and resolved to further the policies and intent of the Town of Southold Local Waterfront Revitalization Program: 1. By nature of the location of the parcel the applicant currently enioys access to the water. The Use and need of the dock have not been identified. Please have the applicant identify the use and establish the need. 2. The dock structure is out of scale with most surrounding structures and could hinder navigation and access of the canal. 3. The proposed construction methods and timber materials have not been identified. The application does not propose mitigation to areas impacted through the construction of the dock or construction best management practices to minimize adverse impacts to the greatest extent possible. {Turbidity controls etc...) Correspondingly, the potential impact of any Unlisted Action on the environmental characteristics of the Coastal Environmental Area is a relevant area of environmental concern and must be evaluated in the determination of significance prepared pursuant to Section 617.7 of SEQR. Please contact me at (631) 765-1938 if you have any questions regarding the above. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. All applicants for perrrfits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southotd agency in making a determination of consistency. *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 m/nor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfi'ont Revitalization Program. A proposed action will be evaluated as to its sigrfificant 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 affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, mod/fled prior to mak/ng a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy 0fthe LWRP is available in the following places: o411ne at the Town of Southold's website ~rUafi~. °esl~n~en~,or~w~r~-lne~[ ~iBceO. ard of Trustees Offic~e, ~ ~x'l?anning Departmont, all loc~ SCTm# 7ff _ eX _ /6-2- ~'- C~,xr- '~"\~ CO`' The AppIieation has been submitted to (check appropfiate response): : '~x O~r-- (./~ L['-1~ / 1 Cate o · g ofTow ofSoutho d agency action (olieok appropriate response): construction, plarmhlg activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) Nacre (1)d e×t~ii~iiiill°val' license' ce~°a~°n: f') Location of action: Site acreage:. Present land use: Present zoning classification: If an apphcation for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code ( ) (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, Milch state or federal agency? 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. See LWRP Section IH - 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 ~'~ No ~-] Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Mi~imlze loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - 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 IH - Policies Pages 16 through 21 for evaluation criteria Yes No NotApplicable Attach additional sheets if necessaxy 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 sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes [~ No~] 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 LVv-RP 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 in suitable locations. See LWRP Section HI - Policies; Pages 47 through 56 for evaluation criteria. [-q Yes [~ No ~-q Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeouic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~-~ No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section Ill - Policies; Pages 62 through 65 for evaluation criteria. r~ Yes ~-] No ~-~ Not Applicable Attach additional sheets ifnecessaxy Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~S~rveyed: 09-26-05 Amended: ,01-06-06 Amended: 01-19-06 Amended: 02-17-06 -~ Amended: 06-19-06 Amended: 10-03-07 SCT# 1000-78-2-15.2 -~ Situate: Bayview Town: Souff)old -<, Suffolk County, NY App,cam: HoDert Ioma Proposed: Dock, Ramp & FIo~ Purpose: Private Moorin ¥ · , Datum: Low Wats .......... "_e_d~.e. _o E ~_a£~ !,~ II~ Tide Range: 2.5' +~ 136.5, ~ _ ~ ~ exist. Dock 4'; 3.5' abv, gr,- Seasonal 3' x 12' Ramp 6' x 20' Float ~Canal Float max. 20' from shore & min £.5, Water .................. ~. ~ ........ ~ Fox Section P' = .20' All mo[erloI Proposed Dock 4' x 40' from approved 3.5' abv, gr. with Seasonal L~ Ramp (3' x 1 2') & Float (6' x 203 max. 20' · - from shore ~1~ ~,¢ I,,_., , I. / I~ I min. 2.5' - ..~_~.~;.~ ...... ~ ........................ H~L~ L~mlt of ~JOIo. I I I ~e[Ionds ~o5~ I . Fox ~' oc (~ 6" Board ef Trustees SEA LEVEL MAPPING 631-722-3390 P.O. Box # 366 Aquebogue NY 11931 ROBERT H, FOX NYS PLS# 5O197