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Home My WebLink About1000-107.-7-5OFFICE 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 Ter~, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: February 10, 2009 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for GERALD DICUNZOLO SCTM# 107-7-5 Costello Marine Contracting Corp. on behalf of GERALD DICUNZOLO requests a Wetland Permit to remove 76' of existing bulkhead and construct new bulkhead in-place. Provide 10' wide non-turf buffer landward of bulkhead. Install two 12" X 30' long mooring pilings on north side of existing floating dock. Located: 1935 Westview Dr., Mattituck. SCTM# 107-7-5 THE FOLLOWING SECTION ADDRESSES THE PROPOSED IN-PLACE 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 us, it is our recommendation that the proposed action is EXEMPT pursuant to § 268-3 GG. Bulkhead to replace existing bulkhead on the applicant's property in the same location with a silt curtain employed during construction. The following BMP's are recommended: 1) The deployment of silt boom surrounding the immediate project area prior to and during all intertidal operations. 2) Establish a 20' non-turf vegetative buffer landward of the bulkhead. NOTE: That the exemption determination covers only the inkind-inplace replacement of the bulkhead and not the two 12' x 30' long mooring pilings. THE FOLLOWING SECTION ADDRESSES THE MOORING PILINGS: 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 thc 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 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 (two 12" X 30' lon~ moorin2 pilin~_a) may cause the followine impacts: 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 [1], |2], [10] 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: [1] [21 [3] [4] [5] [6] [7] [8] [9] [lO] [11] [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 hoar 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 adequate 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 (two 12" X 30' long mooring pilings): 1) The use of a mooring whip as alternative to pile mooring dolphins. 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'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. Town of Southold LWRP CONSISTENCY ASSESSM~ENT FORM A. INSTRUCTIONS Ail applicants for permits* including Town of Southold agencies, shall complete this proposed actions that are subject to the Town of Southold Waterfront Consistency Revie;v assessment is intended to supplement other information used by a To,~m of SoutSold making a determination of consistency. *Except minor exempt actions including Buildz~g 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~m[~t minor action list, policies and explanations of each policy contained in the Town of $outl~old Lc~cttl Waterfront Revitalization Program. A proposed action will be evaluated as to its signtli,aI~t beneficial and adverse effects upon the coastal area (which knchides all of Southold Town) .3. Ifany question in Section C on this form is answered "yes", then the proposed action achievement of the LWRP policy standards and conditions contained in the consistency Thus, the action should be analyzed in more detail and, if necessary, modi~-iof determmanon that it is consistent to the maximum extent, practi~c.a~vith t}~ standards and conditions. If an action cannot be certifio~ ~'t~ :~.t~ t(e./~'I),p standards and conditions, it shall not be undertaken._ ~ ~..,)~kX'N~\--~.~ .~(%~ k ~,)K~. A copy of the LWRP is available ~n the following pl c~: onhne (southoldtown.northfork.net), the Board of Trcatees Office, libraries and the Town Clerk's office. . \,._.~ , ) . ~,.x., B DESCRIPTION OF SITE ~"~ \0~"" The Application has been submitted to (check appropriate response): TownBoard [-~ Planning Dept. [-~ Building Dept. ~] Boar~t'ofT~ 1. Catego, of Town of Southold agency action (check appropriate (a) Action unden&en dkectly by To~ agency (e.g. capital 0) (c) construction, planmng activity, agency regulation, land transactiln). Financial assistance (e.g. grantl loan, subsidy) ~ [ Permit, approval, license, certification: Nature and extent of action: ~ . . , ~ . ~ Eocation of action: Site acreage: Present land use: Present ~mg cl~sific,~fion: If ~ apphcafion for ~e proPos~ ~0n ~h~ 'be~ fii~ ~ ~e Tom of Sou~old agency, the following l~o~aaon sh~ be pmmd~: (a) N~e of~pHc~t: ~.(&~ (d) ~pplica~n nmber, iffy:. ' ~ill th~ action be ~ectly Ude~e~ r~e ~, orapprov~ by a smt~ or federal a~encye Y~ N~ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of $outhold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Pagei2 for evaluation criteria. :v ... Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~-~ Yes ~-] No ~ Not Applicabl~T~ Attach a,dditional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria ~-~ Yes ~-~ NO ~ Not Applicablv~ /][~[Of~ ' Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures? and natural resources from flooding and erosion. See LWRP Sectioja III - Policies Pages$rthrough~16!f0r'ev~lUatiOn- Criteria: .',~ [] yes []~:~"-~ ~;t.o./ . NotApplicable~ ''~''?'''j'''''~ "~'"~"¥i':~'~",t ~ ~" ~". f Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section II1 -7 Policies Pages 16 through 21 for;eva!nation criteria · [] Yes No ot APplicable-r~ Amach 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/II - Policies; Pages 22 through 32 for evaluation criteria. Yes [X~ No V~ Not Applicable Attach additional sheets if n~¢ssary ,: Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~] Yes [-~ 1~o ~ Not Applicable At~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 [--~ 1No [] 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. ~ Yes [] ~o ~ Not applicable ~ . 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. 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 ~ No~ Not Applicable-~)[t~SL .~'t~- 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 ~ N° ~ N°t Applicable-~{~t~.¢ Created on 5/25/05 11:20 AM Datm. To: Proposal: 3anuary 27, 2009 Southold Town Trustees and Mark Terry Remove 76' of existing bulkhead and construct new bulkhead in-place. Provide 10' wide non-turf buffer landward of bulkhead. Znstall two 12'~(30' long moodng pilings on north side of existing floating dock. DEVELOPED COAST POLZCZES Policy I Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infra~bdcture, makes beneficial use of a ceastal location, and minimizes adverse effects of development. The existing bulkhead on this property is beginning to fail. The property owner is attempting to maintain his property by building a new bulkhead in i~s place. Policy 2 Preserve historic resources of the Town of Southold. This property has no significant histodc resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold, The bulkhead at this location exists. The present condition of this bulkhead is becoming unstable threatening the integrity of the upland property. A new bulkhead is just an attempt of the upland property owner to maintain his property. There is an existing bulkhead and the surrounding area is bulkheaded so the visual quality and scenic resources will remain the same. NATURAL COAST POI.~CZES Policy 4 Minimize loss of lifo, structures, and natural resources from flooding and erosion. The existing bulkhead is needed to protect the upland property. The new bulkhead will no~ increase flooding or erosion in this area. Policy Protect and improve water quality and supply in the Town of Southold. This proposal will not have any impact on the water quality and supply of the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. This proposal will not have any impact on the Town of Southold's ecosystem. Policy 7 Protect and improve air quality in the Town of Southold. This proposal will not have any impact on the air quality of the Town of Southold. Policy 8 Minimize environmental degradaUon in the Town of Southold from solid waste and hazardous sub~i~nces and waste~ This proposal will not degrade the environment with solid waste or hazardous substances. PUBLTC COAST POLICIES 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 not limit public access to the coastal waters or public resources of the Town of Southold. There is a bulkhead presently existing and we are proposing to construct a new bulkhead in place. WORKING COAST POI-ZC][ES Policy 10 Protect the Town of Southold's water-dependent uses and promote slung of new water- dependent uses in suitable locations. Polio/11 Polio/12 Polio/13 Our proposal is to reconstruct a failing bulkhead. The present condition of the bulkhead is poor and unsafe. This property is used by the upland property owners to engage in water dependent activities such as fishing, swimming and boating. These activities will continue at this site. Promote sustainable use of living marine resourcus in the Town of Southold, Dudng the initial construction there will be minimal disturbance to there area landward of the bulkhead, Our proposal includes a 10' non turf buffer behind the bulkhead after construction. Protect agricultural lands in the Town of Southold. This proposal has no impact on the agricultural lands in the Town of Southold. Promote appropriate use and development of energy and mineral resources. This proposal has no influence on the development of energy and mineral resources. JAN 2 8 2009 $outhhold Tow~ Board of Trustees