The URL can be used to link to this page

Home My WebLink About1000-87.-3-43OFFICE 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 Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: February 10, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Amendment to Wetland Permit #5909 for PETER COSOLA SCTM#87-3-43 Costello Marine Contracting Corp. on behalf of PETER COSOLA requests an Amendment to Permit #5909 to install four 2-pile mooring dolphins at the offshore end of the existing dock. Located: 2880 Minnehaha Blvd., Southold. SCTM#87-3-43 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 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 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 (four-2 pile mooring dolphins) may cause the followino imoacts: 1) 2) 3) 4) Impair navigation of the water body. Interfere with the public's use of the waterway and bottomland. Impair views and view-sheds important to the community. Establish a precedent contributing to the cumulative impacts caused by similar docking structures. Therefore the dock standards pursuant to ,~ 275-11 have not been met; specifically dock standards Ill, I21, and llll. § 275-11 Construction and operation standards. (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: iii [2] [3] [4] [6] [7] [8] [9] ilO] Ill] [12] 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, waterskiing and other water-dependant activities; Whether 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 surface water quality and natural resources; Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; 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 maritima) or shellfish; Whether the dock will unduly restrict tidal flow or water circulation; Whether the dock will be safe when constructed; Whether the dock will adversely affect views, viewsheds and vistas important to the community; 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 Whether adequat~ facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. The following BMP is recommended as alternative to the proposed action (four-2 pile mooring dolphins): 1) The use of a mooring whip as alternative to pile mooring dolphins. If the Agenc% Board of Trustees makes a contrar~ determination of consistenc% 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. H. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP policy 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. , 7,'own of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this proposed actions that are subject to the Town of Southold Waterfront Consistency Review assessment is intended to supplement other information used by a Town of Southold making a determination of consistency. *Except minor exempt actions inch~ding 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 minor action list, policies and explanations of each policy contained in the Town el~ Soc~thold Waterfront Revitalization Program. A proposed action will be evaluated as to its beneficial and adverse effects upon the coastal area (which includes all ofSoutl~cld Tcxx n) · 3. If any question in Section C on this form is answered "yes", then the proposed action may ~i'l~:ct achievement of the LWRP policy standards and conditions contained in the consistenc~, rev~e~x Thus, the action should be analyzed in more detail and, if necessary, modified m-ior' to ~j;~-kin, determination that it is consistent to the maximum ~extent Praclicable with standards and conditions. If an action cannot be ceJ~fied as c~L~:'~-.. .*., ~~: standards and conditions, ~t shall not be undertaken I,,~t~ A copy of the LWRP is available in the following places: online at the Town o~hthold 's,k¢bs~,~ (southoldtown.northfork.net), the Board of Trustees Offic}, the planmn~ Ii~art'~tl~s~'~k libraries and the Town Clerk's office. ~ {.~ ~'N,Ci''r-] ~ B. DESCRJPTION OF SITE AND PROPOSED ACTION ~3~ , ~ ~._...~ The Application has been submitted to (check annrot~riat' e ' t~cm~e~. [~ ~] 1 Cate o of Town ' J '~ . · g ry o f Southold agency action (check appropriate response): ~.._ ....... ,~- ,-- ~) (a) Action undertaken directly by Town agency (e g canital L /~ ~ ~ construction, planning activity, agencyregulati'o~, l~d transac, ti, p~.~,~,~z}'~-w~ ~,,,; ( ) ' ial assistance (e.g, grantl loan, subsidy) (c) Permit, approval, license, certification: Location of action: Site acreage: Present land use: Present zoning classification: If an application for the proposed ac'fi'on has been filed ~ith the Town of Southold agency, the following information shall be provided: (a) Name of applicant:--~t[£V~ ~/) ~o ~ (b) Mallingaddress: 46-6? (c) Telephone number: Area C0d4 (,')t~l 7- t~],~. ] ~',.~ q (d) Application number, if any:. Will the action be directly undertaken, r ' ' eqmre funding, orapproval by a state or federal agency? Yes? NO[--] Ifyes, which statc or federalagency? ~2~_g~; [q~,~7~ff2, ]]CO-~. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southoid that enhances community character, preserves open space, makes efficient use of infrastructure, makes benefici~ii 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 ~q~.~1 .~ 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 o AVach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria Attach additional sheets if necessary NATURAL COAST POLICIES Polic. y 4. Mini..m~.e loss of life, structures? and natu. ral r.eso~rces from flooding and erosion. See LWRP Sect~o;n III - Pohc~es Pages~8:through~16!f~l;'evalUati0n Criteria .'. · yes No.~ N A plic e~ .~q~ Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP Section III -7 Policies Pages 16 through 21 for, eva!uation criteria ~ Yes ~ No /~.Not XPPIi;a~,~!}' 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. ~-~ Yes [-']No¢ Not Applicable ,~i: ,~ :..: , : , : Attach additional sheets if necessary Policy 7. Protect and improve al;:qualltY in'th:e Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [] Yes ~ No ~ Not Applicable A~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 III - 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 in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. eYes ~] No [] Not Applicable., ~ ~/~ ~C~//.~ ' A~ach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, lhe Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. 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. 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. f-~Yes [-~ NoJ~NotApplicable~to/[_cx~_ ~t'~ Created on 5/25/05 11.'20 AM Date: To: Proposal: 3anuary 27, 2009 Southold Town Trust~%~ and Hark Terry [nstall four 2-pile mooring dolphins at the offshore end of existing dock structure. DEVELOPED COAST POI TCIES Policy I Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes effi(:Mnt use of infrastructure, makes beneficial use of a coastal IocaUon, and minimizes adverse effects of developmen~ Our proposal is consistent with this policy in presently there is an existing dock and with the additional mooring piling will make the dock a more safer place to berth a boat. Policy 2 Preserve historic resources of the Town of Southold. This project location has no significant histodc resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of SouthoM. Our proposal will not have a negative impact on the visual quality or scenic resources. This proposal is consistent with the area. NATURAL COAST POITC~ES Policy 4 Hinimize loss of life, structures, and natural resources from flooding and erosion. Our proposal has no impacts on the natural resources from flooding and erosion. 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. The additional piling will have minimal effects on the Town of Southold's ecosystem. When the piling are first install the bottom will be disturbed but once installation is complete the area will re- egcablished. PM y 7 Protect and improve air quality in the Town of Southold. Our proposal will no~ have any impact on the air quality in the Town of Southold. Policy 8 Minimize envimmeutal degradation in the Town of Southold from solid waste and hazardous suba:-nces 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 IN)ITC[ES Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands~ and public resources of the Town of Southold. Our proposal will give the property owners the ability the access their boats and engage in the recreational use of town waters, The piling will not inhibit others ability to access these same waters, Page 2 of 2 LWRP for Brlttman WORKING COAST IN)ITC[ES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable Iocatkms. Policy 12 Policy 13 Our proposal will promote the ability of the property owner to berth and safely secure a boat at this site so that he may engage in water-dependent actJvities. Promote susL. inable 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 bottom will be disturbed slightly dudng instillation but once the installation is over the bottom will re- establish itself within moments. Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southold. Promote appropriate use and development of energy and mineral resource~ Our proposal will not have any impact on the development of energy and mineral resources. I JAN .2 8.~.~2009 'J'~]L SeuihJ~ol~ ~'own Be3rd of Trustees {"4mO I