HomeMy WebLinkAbout1000-13.-1-5.2PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
I~r~LRTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
L
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
To:
From:
James King, President
T:: o~ S OrrylthOl;r ~i~:l ot fl::s:e es/
LWRP Coordinator
dAN 2 2 2007
Date: January 22, 2007
Re:
Proposed Wetland Permit for Blower House
SCTM#1000-13-1-5.2
Suffolk Environmental Consulting, Inc. on behalf of PAOLO & JEAN BLOWER requests a Wetland
Permit to construct an elevated timber catwalk 4'X 205' situated within the central portion of the subject
property, as well as pathways 4' wide max., connecting said catwalk from both the existing dwelling and
the top of the bluff. Located: 5865 Soundview Ave., Southold. SCTM#58-1-3
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 my recommendation that the proposed action is
INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT
with the LVOIP.
Note the catwalk is not a permitted over a vegetated wetland pursuant to 275-11. Construction and
operation standards~ see response to Sub-policy 6.3 below.
Policy 6
Protect and restore the quality and function of the Town of Southold ecosystem.
THE PROPOSED ACTION IS LOCATED WITHIN A MARITIME INTERDUNAL SWALE A
LOCAL, STATE AND GLOBALLY RARE ECOLOGICAL COMMUNITY. THE AREA IS
ALSO A NEW YORK STATE LISTED SIGNIFICANT FISH AND WILDLIFE HABITAT AREA.
THE WETLAND TRANVERSES FIVE PROPERTIES OF VARYING SIZE~q~ THERE ARE NO
OTHER CATWALKS LOCATED WITHIN THE FRESHWATER WETLAND! ACCESS IS
GAINED TO THE LONG ISLAND SOUND VIA FOOT PATHS.
THE APPLICANT CURRENLTY ENJOYS ACCESS TO THE LONG ISLAND SOUND.
AERIAL PHOTOS AND SITE INSPECTION INDICATE THAT THE APPLICANT HAS
ESTABLISHED ACCESS TO THE SOUND VIA A PRONOUNCED FOOT PATH. THE FOOT
PATH MEANDERS THROUGH THI~ FRESHWATER WETLAND AND DUNE
COMMUNITIES (See Figure 2).
THE PROPOSED ACTION IS LOCATED WITHIN A MARITIME INTERDUNAL SWALE A
LOCAL, STATE AND GLOBALLY RARE ECOLOGICAL COMMUNITY. THE AREA IS
ALSO A NEW YORK STATE LISTED SIGNIFICANT FISH AND WILDLIFE HABITAT AREA.
THE WETLAND TRANVERSES FIVE PROPER'lIES OF VARYING SIZES~ TI~RF~ ARE NO
OTHER CATWALKS LOCATED WITHIN THE FRESHWATER WETLAND! ACCESS IS
GAINED TO THE LONG ISLAND SOUND VIA FOOT PATHS.
6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats.
Protect Significant Coastal Fish and Wildlife Habitat values from uses or
activities that would:
1. Destroy habitat values associated with the designated habitat through:
a. direct physical alteration, disturbance, or pollution, or
b. indirect effects of actions, which would result in a loss of habitat.
2. Significantly impair the viability of the designated habitat beyond the
tolerance range of important fish or wildlife species which rely on the
habitat values found within the designated area through:
a. degradation of existing habitat elements,
b. change in environmental conditions,
c. functional loss of habitat values, or
d. adverse alteration of physical, biological, or chemical
characteristics.
The habitat impairment test presented in this section must be met for any activity that is
subject to consistency review under federal and state laws. If the proposed action is
subject to consistency review, then the habitat protection policy applies, whether the
proposed action is to occur within or outside the designated area.
Definitions
Habitat destruction is defined as the loss of fish or wildlife use through direct
physical alteration, disturbance, or pollution of a designated area or through the
indirect effects of these actions on a designated area. Habitat destruction may be
indicated by changes in vegetation, substrate, or hydrology, or by increases in
runoff, erosion, sedimentation or pollutants.
Significant impairment is defined as reduction in vital resources (e.g., food,
shelter, living space) or change in environmental conditions (e.g., temperature,
substrate, salinity) beyond the tolerance range of important species of fish or
wildlife that rely on the habitat values found within the designated area.
Indicators of a significantly impaired habitat focus on ecological alterations and
may include, but are not limited to, reduced can'ying capacity, changes in
community structure (e.g. food chain relationships, species diversity, etc), reduced
productivity and/or increased incidence of disease and mortality.
The tolerance range of a species of fish or wildlife has been defined as the
physiological range of conditions beyond which a species will not survive at all.
In this document, the term is used to describe the ecological range of conditions
that supports the specie's population or has the potential to support a restored
population, where practical. Two indicators that the tolerance range of a species
has been exceeded are the loss of individuals through an increase in emigration
and an increase in death rate. An abrupt increase in death rate may occur as an
environmental factor falls beyond a tolerance limit (a range has both upper and
lower limits). Many environmental factors, however, do not have a sharply
defined tolerance limit, but produce increasing emigration or death rates with
increasing departure from conditions that are optimal for the species.
The range of parameters that should be considered in applying the habitat impairment test
include, but are not limited to, the following:
1. physical parameters, such as living space, circulation, flushing
rates, tidal amplitude, turbidity, water temperature, depth
(including loss of littoral zone), morphology, substrate type,
vegetation, structure, erosion and sedimentation rates
2. biological parameters, such as community structure, food chain
relationships, species diversity, predator/prey relationships,
population size, mortality rates, reproductive rates, meristic
features, behavioral patterns and migratory patterns, and
chemical parameters, such as dissolved oxygen, carbon dioxide,
acidity, dissolved solids, nutrients, organics, salinity, and
pollutants (heavy metals, toxics and hazardous materials)
The proposed action will result in a significant impairment and physical loss of rare
habitat. Where the catwalk is placed in the freshwater wetland~ vegetative and
benthic species loss will occur. The introduction of TREATED TIMBER
construction materials would result in the leaching of hazardous materials and
chemicals known to be toxic to freshwater organisms.
Where destruction or significant impairment of habitat values cannot be avoided,
minimize potential impacts of land use or development through appropriate
mitigation. Use mitigation measures that are likely to result in the least
environmentally damaging feasible alternative.
Mitigation includes:
1. Avoidance of potential adverse impacts, including:
a. avoiding ecologically sensitive areas,
b. scheduling activities to avoid vulnerable periods in life cycles or
the creation of unfavorable environmental conditions,
c. preventing fragmentation of intact habitat areas.
The proposed action will result in the fragmentation of a New York State Significant
Fish and Wildlife Habitat Area, setting a precedent that would result in the
continued physical loss of a globally rare ecological complex.
Minimization of unavoidable potential adverse impacts, including:
a. reducing scale or intensity of use or development,
b. designing projects to result in the least amount of potential adverse
impact,
6.3
c. choosing altemative actions or methods that would lessen potential
impact.
Specific measures designed to protect habitat values from impacts that
cannot be sufficiently avoided or minimized to prevent habitat destruction
or significant habitat impairment, and
Specific protective measures included in the narratives for each
designated Significant Coastal Fish and Wildlife Habitat area.
The ability to mitigate the proposed action is limited. The existing foot path allows
access to the Long Island Sound. The impacts of the footpath are temporary and
seasonal. Excluding the leaching of chemicals into the ecosystem from treated wood~
with lessens over time; the physical impacts of a catwalk structure are permanent.
Due to the sensitivity and ecological significance of the wetland, "no-action' is the
best mitigation alternative.
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
Chapter 275 defines a dock as: DOCK -- Any permanent or seasonal structure, except a
building, located or proposed to be located on lands abutting or comprised of freshwater or
tidal wetlands or connected to a bulkhead or the upland and extending over the water's
surface, designed to secure vessels and provide access from the shore to a body of water. For
the purpose of this chapter, this term shall also include the associated structures necessary
to cross wetlands and adjacent natural areas. The term "dock" includes the terms
"wharves," "piers," "fixed docks," "floating docks," "floats" or "catwalks."
Note the catwalk is not a permitted over a vegetated wetland pursuant to 275-11.
Construction and operation standards.
[3] Prohibited locations and activities.
[al Given the unique and sensitive natural environmental characteristics described in
the Town of Sonthold Local Waterfront Revitalization Plan and the New York State
Department of State Significant Habitat descriptions, no new docks will be permitted, over
vegetated wetlands or such that it causes habitat fragmentation of vegetated wetlands, in
Downs Creek, Hallocks Bay. Hashamomuck Creek and Pond and West Creek.
CC:
Kieran Corcoran, Assistant Town Attorney
John Sepenoski, Chair, LWRP Coordinating Council
Figure 1. Blower parcel.
Figure 2. Blower parcel showing foot path (south of black arrows). Note the footpath to the south.
COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM
Name of Area:
County:
Town(s):
7V2~ Quadrangle(s):
Designated:
Goldsmith Inlet and Beach
Suffolk
Southold
Southold,NY
October 15, 2005
Assessment Criteria
Ecosystem Rarity (ER)-the uniqueness of the plant and animal community in the area and
the physical, structural, and chemical features supporting this community.
ER assessment: Maritime dune and maritime freshwater interdunal swale communities, rare in
New York State.
Species Vulnerability (SV)-the degree of vulnerability throughout its range in New York
State of a species residing in the ecosystem or utilizing the ecosystem for its survival.
(E = Endangered, T = Threatened, SC = Special concern)
SV assessment: Piping plover (E, T-fed), least tern (T), and osprey (SC) nesting.
Additive Division: 36 + 25/2 + 16/4 = 52.5
Human Use (HU)- the conduct of significant, demonstrable commercial, recreational, or
educational wildlife-related human uses, either consumptive or non-consumptive, in the
area or directly dependent upon the area.
HU assessment: No significant human use of fish and wildlife resources of the area.
Population Level (PL)-the concentration of a species in the area during its normal,
recurring period of occurrence, regardless of the length of that period of occurrence.
PL assessment: No unusual concentrations of any fish and wildlife species in the area.
Replaceability (R)--ability to replace the area, either on or off site, with an equivalent
replacement for the same fish and wildlife and uses of those same fish and wildlife, for the
same users of those fish and wildlife.
R assessment: Irreplaceable.
52.5
0
0
1.2
Habitat Index = [ER + SV + HU + PL] = 116.5
Significance = HI x R = 139.8
Page I of 6
NEW YORK STATE
SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT
NARRATIVE
Goldsmith Inlet and Beach
LOCATION AND DESCRIPTION OF HABITAT:
Goldsmith Inlet and Beach is located on the north shore of Long Island, between Mattituck Inlet to
the west and Horton Neck to the east, in the Town of Southold, Suffolk County (7.5' Quadrangle:
Southold, NY). This approximately 150-acre area is bounded by Long Island Sound on the north,
Horton Lane on the east, Sound View Avenue on the south, and Mill Lane on the west. The fish and
wildlife habitat includes a narrow area of maritime beach that extends approximately 2.25 miles
along the Sound from approximately 800 feet west of Goldsmith Inlet northeast to and including
Horton Lane Beach; Goldsmith Inlet and Pond and its contiguous tidal wetlands, which lie at the
western end of the habitat; and a mosaic of maritime dunes, maritime freshwater interdunal swales,
wetlands, and wooded uplands extending from Goldsmith Inlet County Park northeast to Great Pond.
The habitat is bordered by residential development as well as undeveloped vegetated dunes.
The Goldsmith Inlet and Beach area contains a variety of ecological community types, including
tidal pond, maritime beach, maritime dunes, and maritime freshwater interdunal swales. These latter
two communities extend from approximately 1.5 miles west of Great Pond southwest to Goldsmith
Pond, and are considered rare ecological occurrences statewide by the New York Natural Heritage
Program. Approximately 70 acres of maritime dune habitat extends from Great Pond to Goldsmith
Inlet, with approximately 22 acres of maritime freshwater interdunal swales located adjacent to the
dunes. Small wetlands containing poor fen species such as cranberries (Vaccinium macrocarpon).
sundew (Drosera intermedia), twig-rush (Cladium rnariscoides), and marsh St. John's-wort
(Triadenurn virginicum) are also located within the habitat. Slender blue flag (Irisprismatica), a rare
plant species with less than 20 remaining sites or individuals in New York State, has been
documented within the wetlands of this habitat.
FISH AND WILDLIFE VALUES:
The Goldsmith Inlet and Beach habitat consists of several associated significant natural ecological
communities. This highly diverse area provides important nesting and feeding habitat for a variety
of migratory birds. Least tem (T) and piping plover (E, T-Fed) nest along the habitat's beaches. An
estimated annual average of 4 breeding pairs of piping plover (E, T-Fed) were observed at Goldsmith
Inlet and beach from 1996 to 2002, with a peak of 7 pairs in 1998. Least tern (T) have nested at this
site since 1997, with an estimated annual average of 8 nesting pairs from 1997 to 2002, with a peak
of 22 pairs in 2000. One pair of common tem (T) was documented nesting on the beach in 2000,
but none have been observed since. This species had not been noted since 1992, when 27 nesting
pairs were documented. Approximately 40 adult roseate terns (E) were observed loafing near the
inlet in 2001. Osprey (SC) historically nested at Goldsmith's Pond. More recently, osprey (SC)
have nested at Peconic Dunes County Park, with an average of 1 nesting pair from 1998 to 2003.
Page 2 of 6
Recreational uses of Goldsmith Inlet and Beach are concentrated in the area around Goldsmith Inlet
and Goldsmith Pond, where blue crab and American eel are harvested recreationally. The Town of
Southold maintains a public beach at Goldsmith Inlet, and Goldsmith Inlet County Park includes 34
acres of park land which is home to a diversity of wildlife. Peconic Dunes County Park, on the west
shore of Great Pond, south of Kenny Road Beach, provides access across the beach to Long Island
Sound for surf fishing.
IMPACT ASSESSMENT:
Any activity that would substantially degrade water quality and/or terrestrial natural resources at
Goldsmith Inlet and Beach would adversely affect the biological productivity of this area. All
species of fish and wildlife would be affected by water pollution, such as chemical contamination
(including food chain effects resulting from bioaccumulation), oil spills, excessive turbidity, and
waste disposal. Efforts should be made to improve water quality in the bay, including reduction or
elimination of discharges from vessels and upland sources. Vegetated upland buffer zones should
be protected or established to reduce non-point source pollution and sedimentation from upland
SOurCeS.
Alteration of tidal patterns in Goldsmith Inlet Pond, by modification of inlet configurations or other
means, would have major impacts on the fish and wildlife communities present. No new navigation
channels should be excavated within the area. Dredging to maintain existing boat channels should
be scheduled between September 15 and December 15 to minimize potential impacts on aquatic
organisms, and to allow for the upland placement of dredged material when wildlife populations are
least sensitive to disturbance. This is especially critical during the nesting and fledging period for
colonial nesting birds from March 15 through August 15. Dredged material placement in this area
would be detrimental, but such activities may be designed to maintain or improve the habitat for
certain species of wildlife. Existing and proposed dredging operations in this area should incorporate
the use of best management practices to avoid and reduce adverse effects.
Construction of shoreline structures, such as docks, piers, bulkheads, or revetments, in areas not
previously disturbed by development (e.g., natural salt marsh, tidal flats, or shallows), would result
in the loss of productive areas which support the fish and wildlife resources of the Goldsmith Inlet
and Beach habitat. Alternative strategies for the protection of shoreline property should be
examined, including innovative, vegetation-based approaches. Control ofinvasive nuisance plant
species, through a variety of means, may improve fish and wildlife species use of the area and
enhance overall natural resource values.
Unrestricted use of motorized vessels including personal watercraft in shallow waters could have
adverse effects on aquatic vegetation and fish and wildlife populations. Use of motorized vessels
should be controlled (e.g., no wake zones, speed zones, zones of exclusion) in and adjacent to
shallow waters and vegetated wetlands.
Thermal discharges, depending on time of year, may have variable effects on use of the area by
marine species and fish. Installation and operation of water intakes could have a significant impact
on juvenile (and, in some cases, adult) fish concentrations, through impingement or entrainment.
Page 3 of 6
Nesting shorebirds inhabiting Goldsmith Inlet and Beach are highly vulnerable to disturbance by
humans, especially during the nesting and fledgling period (March 15 through August 15).
Significant pedestrian traffic or recreational vehicle use of the beach could easily eliminate the use
of this site as a breeding area and should be minimized during this period. Recreational activities
(e.g., boat and personal watercraft landing, off-road vehicle use, picnicking) in the vicinity of bird
nesting areas should be minimized during this period. Predation of chicks and destruction of eggs
or nests by unleashed pets (e.g., dogs, cats) and natural predators may also occur, and predator
control should be implemented where feasible. Fencing and/or continued annual posting of
shorebird nesting areas should be provided to help protect the nesting bird species. Control of
vegetative succession, through beneficial use of dredged material or other means may improve the
availability of nesting habitat in this area.
HABITAT IMPAIRMENT TEST:
A habitat impairment test must be applied to any activity that is subject to consistency review
under federal and State laws, or under applicable local laws contained in an approved local
waterfront revitalization program. If the proposed action is subject to consistency review, then the
habitat protection policy applies, whether the proposed action is to occur within or outside the
designated area.
The specific habitat impairment test is as follows.
In order to protect and preserve a significant habitat, land and water uses or
development shall not be undertaken if such actions would:
· destroy the habitat; or,
· significantly impair the viability of a habitat.
Habitat destruction is defined as the loss of fish or wildlife use through direct physical alteration,
disturbance, or pollution of a designated area or through the indirect effects of these actions on a
designated area. Habitat destruction may be indicated by changes in vegetation, substrate, or
hydrology, or increases in runoff, erosion, sedimentation, or pollutants.
Significant impairment is defined as reduction in vital resources (e.g., food, shelter, living space) or
change in environmental conditions (e.g., temperature, substrate, salinity) beyond the tolerance range
of an organism. Indicators of a significantly impaired habitat focus on ecological alterations and may
include but are not limited to reduced carrying capacity, changes in community structure (food chain
relationships, species diversity), reduced productivity and/or increased incidence of disease and
mortality.
The tolerance range of an organism is not defined as the physiological range of conditions beyond
which a species will not survive at all, but as the ecological range of conditions that supports the
species population or has the potential to support a restored population, where practical. Either the
Page 4 of 6
loss of individuals through an increase in emigration or an increase in death rate indicates that the
tolerance range of an organism has been exceeded. An abrupt increase in death rate may occur as
an environmental factor falls beyond a tolerance limit (a range has both upper and lower limits).
Many environmental factors, however, do not have a sharply defined tolerance limit, but produce
increasing emigration or death rates with increasing departure from conditions that are optimal for
the species.
The range of parameters which should be considered in applying the habitat impairment test include
but are not limited to the following:
physical parameters such as living space, circulation, flushing rates, tidal amplitude,
turbidity, water temperature, depth (including loss of littoral zone), morphology, substrate
type, vegetation, structure, erosion and sedimentation rates;
biological parameters such as community structure, food chain relationships, species
diversity, predator/prey relationships, population size, mortality rates, reproductive rates,
meristic features, behavioral patterns and migratory patterns; and,
chemical parameters such as dissolved oxygen, carbon dioxide, acidity, dissolved solids,
nutrients, organics, salinity, and pollutants (heavy metals, toxics and hazardous materials).
Although not comprehensive, examples of generic activities and impacts which could destroy or
significantly impair the habitat are listed in the impact assessment section to assist in applying the
habitat impairment test to a proposed activity.
Page 5 of 6
KNOWLEDGEABLECONTACTS:
Habitat Unit
NYS Department of State
Division of Coastal Resources
41 State Street
Albany, NY 12231
Phone: (518)474-6000
NYSDEC Region 1
State University of New York, Building 40
Stony Brook, NY 11790-2356
Phone: (631) 444-0354
Town of Southold Trustees
Town Hall
53095 Main Road
Southold, NY 11971
Phone: (631) 765-1892
Town of Southold Planning Board
Town Hall
53095 Main Road
Southold, NY 11971
Phone: (631) 765-1938
Bureau of Marine Resources
NYSDEC
205 N. Belle Meade Road, Suite 1
East Setauket, NY 11733
Phone: (631) 444-0430
New YorkNaturalHefitage Program
625 Broadway, 5~ Floor
Albany, NY 12233-4757
Phone:(518)402-8935
Office of Ecology
Suffolk County Dept. of Health Services
Bureau of Environmental Management
County Center
Riverhead, NY 11901
Phone: (631) 852-2077
Page 6 of 6
Horton~
Sig~c~m Co~st~l F~sh ~d W~ldl~e ~ab~tats
Goldsmith Inlet ~d Beach
Z
N
LONG ISLAND SO UND
50' 17'27" E ~~ ~
213.58'
----12
~OTES:
26--.
5,765'±
VIEW AVENUE
S 44'43'10" W
sOUND
66.85
40"20'50"
41.1T
SUFFOLK
S.C. TAX
SURVEY
SITUATED
$OUTHOLD
TOWN OF SOUTHOLD
COUNTY, NEW YORK
No. 1000-58-01-03
SCALE 1"=40'
JUNE 14, 2006
SEPTEMBER 18, 2006 ADDED PROPOSED CA~ALK
JANUARY 17, 2007 ADDED CLEARING LIMIT ~ NYSDEC NOTE
MAY 22, 2008 LOCATED STAKES FOR END OF PROPOSED CA~ALK
JUNE 10, 2008 RELOCATED PROPOSED CATWALK
AREA = $77,718.03 sq. fl.
(TO TIE LrNE) 8.671 ac.
CERTIFIED TO:
PAUL BLOWER
JEAN BLOWER
1. ELEVATIONS ARE REFERENCED TO TOPOGRAPHICAL MAP Of FIVE EASTERN TOWNS
WHICH IS BASED ON N.G.V.D. 1929 DATUM.
EXISTING ELEVATIONS ARE SHOWN THUS:~
EXISTING CONTOUR LINES ARE SHOWN THUS: .... 5~ ......
F FL - FIRST FLOOR
2. ANY WETLAND BOUNDARIES SHOWN ARE SUBJECT TO VERIFICATION
BY NEW YORK STATE /~ND/OR OTHER REGI!LATORY AGENCIES,
E
THE EXISTENCE OF RIGHT OF WAYS
AND/OR EASEMENTS OF RECORD, IF
ANY, NOT SHOWN ARE NOT GUARANTEED.
N.Y.S Lic No 50467
Nathan Taft Corw~n III
Land Surveyor
PHONE (651)727-2090 Fox (631)727-1727
26-178D