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Home My WebLink About1000-104.-7-16.1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator'~ - Date: December 14, 2009 Re: Proposed Wetland Permit for SCOTT & SUSAN AMBROSIO SCTM#1000-104-7-16.1 The proposed action is located within a New York State Department of State Significant Fish and Wildlife Habitat Area, a New York State Critical Environmental Area and a Peconic Estuary Critical Natural Resource Area. En-Consultants, Inc. on behalf of SCOTT & SUSAN AMBROSlO requests a Wetland Permit to construct a fixed timber dock consisting of a 4'X 12' inclined ramp, 4'X 88' fixed elevated catwalk, 3'X 14' hinged ramp and a 6'X 20' float secured by (2) 8" dia. pilings. Located: 1940 Mason Dr., Cutchogue. SCTM#104-7-16.1. 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 LWRP and listed policy standards provided below. Figure 1 Subject parcel. 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 Southold 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 applicant fails to prove that the action meets the following requirements § 275-11 Construction and operation standards C. 2 (d) of the Southold Town Code: (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: [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities; Chapter 275 requires that the determination of the ien,qth of the dock must include thn dimensions of the vessel. The dimensions of a vessel are not specified. [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; See above comment. [6] Whether the dock will cause habitat fragmentation and loss of signi§cant coastal §sh and wildlife habitats; The proposed action is located within a New York State Critical Environmental Area. At the discretion of the Board of Trustees, any operations proposed irt critical environmental areas (§ 275-2) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of structures, and increasing the width of non-disturbance buffers. It is recommended that in the event the action is approved, a si.qnificant non-disturbance buffer {equal to or .qreater than 30' in width from the tidal wetland line) be established to miti.qate the local impacts from the dock structure. [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 maritima) or shellfish; [10] Whetherthe dock will adversely affect views, viewsheds and vistas important to the community; The important views, viewsheds and vistas to the community have not been identified or discussed. [11] Whether the cumulative impacts of a residential and commercial dock will change the waterWay or the environment and whether altemate design, construction, and location of the dock will minimize cumulative impacts; and The construction method has not been identified. § 275-11 Construction and operation standards requires that all intertidal construction and excavation employ the installation of a silt boom that will retain all suspended sediments within the immediate proie~ area. [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbishl electrical service and water service. 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. Limit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under 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. Cc: Lori Hulse, Assistant Town Attorney Town of Southold A. INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM A II applicants for perm its* including T ow n of S0uth01d agencies, shall corn plete this C C A F for proposed acti0nsthataresubjectt0theT0wn0fS0uth01dWaterfrontC0nsistencyReview Law. This assessment is intended to supplement other inform ati0n used by a Tow n of S0uth01d agency in m a k in g a d ete 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. 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- suooortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. 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, the ~g..pepartment, all local librariesandtheTownCerksoffice. ?i/i~ ~i~ ~-'~,-- . B, DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 104 - 7 - 16.1 / PROJECT NAME SCOTT a SUSAN AMBROSIO / The Application has been submitted to (check appropriate response): TownBoard [~] Planning Board [~] Building Dept. [~ BoardofTrustees[5~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ~ construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ~'~ (c) Permit, approval, license, certification: [5~ ~ Nature and extent of action: Construct a fixed timber dock, consisting of a 4' x 12' inclined ramp; 4' x 88' fixed elevated catwalk; 3' x 14' hinged 'ramp;'and 6' x 20' float secured by (2) 8"-diameter pilings, all as depicted on the project plan prepared by En-Coi~sultants, Inc., dated November 10, 2009. Location of action: 1940 MASON DRIVE, CUTCHOGUE Site acreage: 1.437 ACRES Present land use: DEVELOPED, ONE-FAMILY RESIDENTIAL 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: SCOTT & SUSAN AMBROS10 (b) Mailing address: 25 BRIAN LANE EAST NORTHPORT, NY 11731 (c) Telephone number: Area Code 631-486-1079 (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 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 III - Policies; Page 2 for evaluation criteria. I--lYes [~ 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 The proposed dock would be located in an area of Broadwaters Cove characterized by similarly configured docks. The proposed dock, however, is designed to minimize visual impacts via use of an existing trodden path and a proposed geosynthetic mesh walkway on grade to access the dock rather than potentially constructing an additional 100 or more linear feet of catwalk. By using open-grate decking, the dock can also be more lowly elevated. Therefore the project will be consistent with Policy 3. 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 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 III - Policies Pages 16 through 21 for evaluation criteria E~ Yes [~ No [~ Not Applicable The proposed dock is to be constructed with all non-treated decking including open-grate (with 60% open space) decking over the vegetated marsh. Moreover, as described in Policy 3 above, the use of an existing trodden path and geosynthetic mesh walkway on grade will preclude the need to potentially construct a catwalk twice as long as what is proposed. Therefore, consistent with Policy 5, the project design specifically seeks to minimize any potential water quality impacts associated with the use of treated lumber. 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 V-~ Not Applicable The proposed dock is proposed to be located in the area of the property where, consistent with "Best Management Practices," the structure will traveme the least amount of vegetated marsh and where there existed a dockage facility and bulkhead in the 1970s. Moreover, in lieu of potentially constructing 100 or more additional feet of catwatk over the vegetated marsh, the project proposes to utilize an existing trodden path and a proposed geosynthetic "mesh walkway" on grade to access the proposed dock. The dock is proposed to be constructed with untreated decking, including open-grate decking with 60% open space over the vegetated marsh, and the supportive framework of the catwalk is minimized via use of 4" x 4" support posts over the vegetated marsh. As evidenced by the attached aerial photograph, the shorelines of Broadwaters Cove in this area are characterized by more than a dozen similarly configured private docks. Therefore, the dock has been designed so as not to result in the "fragmentation of ecological communities" or the physical loss, degradation, or functional loss of ecological components and will be consistent with Policy 6. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Sonthold. 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 [-~ No[~ Not Applicable The proposed dock will not impede navigation or otherwise impact public access to or recreational use of Broadwaters Cove. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. P~:otect Southold's wate. r-dependen.t .uses and promote siting of new wat.er-depen.dent uses in suitable locations. See LWRP Section III - Pohcles; Pages 47 through 56 for evaluation criteria. [~ Yes ~] No ~] Not Applicable For reasons described above, the proposed dock would not alter nor adversely impair the surround community character, water use, or scenic quality of the surrounding environs of Broadwaters Cove. 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 ~ 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 [--] No ~ 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 E'~RRMANN' TITLEcoASTAL MGMT SPECIALIST DATE 11/17/09 Amended on 8/1/05 · 1" = 80' alt SEE SHEET 2 OF $ FOR LARGER SCALE DOCK LITTLE NECF, IX. /EX. DOCK SUSAN ,~10 ON I~O,AI?W^11~5 COVe-, CUfCHOdlLi~, 5LI~FOCK CO,, NY ~::l~l' I OF ~ 11/~/09 1 "= 50' EX. TRODDEN PATH 4' x 69' TENSAR 552 GEOGRID OR GEOSYNTH~IC "MESH WA~AY" Off G~DE IflCUflED ~MP 5~CTiQN ~RI~ PRQPQ5~i) tPQCK {2) 8" Pltg5