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Home My WebLink About1000-136.-2-11 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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: From: James King, President Town of Southold Board of Trustees Mark Terry, Principal Planner ~ LWRP Coordinator Date: November 13, 2008 Re: Proposed Wetland Permit for ROBERT O'BRIEN SCTM #136-2-11 Costello Marine Contracting Corp. on behalf of ROBERT O'BRIEN requests a Wetland Permit to remove 239' of existing bulkhead and construct new in-place. Provide 10' wide non-turf buffer landward of new bulkhead. Remove existing dock structure and construct a new 125' fixed dock with 42"× 16' seasonal ramp onto a 6'X 20' seasonal float secured by two 8" dia. anchor pilings. Located: 3655 Stillwater Ave., Cutchogue. SCTM#136-2-11 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 to remove 239' of existing bulkhead and construct a new bulkhead in-place is EXEMPT from LWRP review. However, it is recommended that the Board employ erosion control best management practices during construction to prevent the loss of native vegetation seaward of the existing bulkhead. The proposed construction of a new 125' fixed dock with 42"X 16' seasonal ramp onto a 6'X 20' seasonal float secured by two 8" dia. anchor pilings, as proposed, is INCONSISTENT with the Policy Standards and therefore is INCONSISTENT with the LWRP. The current length of the dock is unspecified. Therefore, the length of which the proposed dock will extend seaward from the current dock length is unknown. Note that the area where the applicant proposes to re-construct the dock is shallow in depth and bottom scarring from vessels is evident in aerial photographs. Figure1. Proposed dock location (black arrow) relative to water depth and bottom scarring from vessels (white arrow). Figure 2. Vessel bottom scarring in general area. Further the applicant has not demonstrated to the Board that the proposed action complies with 275-11. C. (2) Docks outlined below. 275-11. C. (2) Docks (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] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellflshing, waterskiing and other water-dependant activities; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [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; It is recommended that the Board cons der requiring .qrid decking in the areas over ve,qetated wetlands to allow for the re-establishment of the spartina altemiflora or spartina patens. [11] 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. 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 'I'own of Soufaold LWRP CONSISTENCY ASSESS1VIENT FORM ~ , t ~' ~' \ ' I . All applicants for permits including Town of Southold agencies, shall coi~plete this CC:\[: proposed actions that are subject to the Town ofSouthold Waterfi'ont Consistency Review Law l'his assessment is intended to supplement other information used by a Town of Southold zt~c~cx ma!ring a determination of consistency. *Except mi~or exempt acttbns including 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 Soutbold Local Waterfi'ont 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 Toxxq0 SCTM# .3¸ DESCRIPTION OF SITE AND PROPOSED ACTION If any question in Section C on this form is answered "yes", then the proposed action may a£tbc[ thc achievement of the LWR_P policy standards and conditions contained in the consistency review law Thus, the action should be analyzed in more detail and, if necessary, modified prior to makin~ determination that it is consistent to the maxirnum extent practicable with the LWRP standards and conditions. If an action cannot be certified as consistent with the L\¥R? standards and conditions, it._~shall not be undertakeo., r-~v- -:.- A copy of the LWRP is avai able in the following plac~s~:)0hline at the Town of S~uthold (southoldtown.northfork.net), the Board of Trustees Ofticel the planmng Departmem, [dl libraries and the Town Clerk's office. The Application has been submitted to (check appropriate response): TownBoard [~] PlannlngDept. ~] BuildlngDept. ~] BoardofTrusteesi~ 1. Category of Town of Southold agency action (ch~9,~:a. gprop~i.ate response): (a) Action undertaken directly by Town age/ic>;i~,~.,~Niii~]~- . [] construction, planning activity, agency regulatioh}~ land transaction) (b) Financial assistance (e.g. grant', loan, subsidy) (c) Permit, approval, license, certification: ~ Nature ~121x~ti/~ ~l~_q ~II]~4~M ~O~l~' ~d"'~ ~-~- ~. Present lan~l use: Present ,ov. ln.g ... ...... :'bfi'fct0]:,.:" ,, .:',:':?[. '~ ,:; 2. it an appncatton t0r the propg~e.~fl action.Jula been filed With tho Town of Southold agency, the following information shall be or°C:.de~ (b) mi ing adckess: Il6 (d) Application number, iffy: , . i.47!~,~':~ .... ?' ,', ~ · .. , ,: Will the action be directly undertaken, r ,gl!~.oif!llldi~$, or:,p~roval by a state Or federal agency? DEVELOPED COAST POLICY Policy 1, Foster a pattern of development in the Town of $onthold that enhances community character, preserves open space, makes efficient use oflnfrastrncture~ makes beneflci,;i use of a coastal minimizes adverse effects of developmen~ $~e ~WR~, Sectlou III 7' Policies; Pa e'2 for evalulaOe'atiOn' and criteria. ".~ 'cz ~ u,,6' . .I ....,., ,;:.~ ,, ~ ~,.,~ , ~ g tlOll ' '1 · .' ' . .....'~' .... · _[~] No [] NotApplicable,i , 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 ~ for evaluation criteria [] VesC-J o otA ttach 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 [~ I ~ .,; ;i'L~,~i~.t~','4 'i. I t~! :;: ~ ,~t;i~,!~,~ ill ::. . Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from floodi Sec~tio~ III- PoliciesPages,8~!hrougli:l.6~f~f.~,v~lUatlon,:c~fte~la::.~... ~ Yes ~ No ~ Not Applicabl Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section - Policies Pages 16 through 21 for~evaluation~eriterla , . ,., ~ Yes ['~ ~o tT,V4NotApplicable~/ A~ach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Sour. hold ecosystems iucludiu~ Significant Coastal Fish arid Wildlife Habitats and Wetlands. See LWRP Section III - Policies; Pages through 32 for evaluation criteria. AXach ad~htional sheets if n~gssary , , ~;, Aaach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of So'uthold, See LWRP Section 111 - Folic'ic~ Pages 32 through 34 for evaluation criteria, ~ Y;s ~-~ NO"~ Not Applicable Policy 8. Minimize environmental degr,.l~ilgtl0~ i11 Ti}Wa of $outhold from solid waste and hazardou~ substances and wastes. See LW~ Section III- Policies; Pages 34 through 38 for evaluation criteria. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational Ilse of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for ex aluatiozi criteria. '~ Yes~ No [-~ Not Applicable Attach add:tional sheets if necessary . . . WORKING COAST POLICIES Policy. 10. Protect Southold's water-dependent use~ and promote siting of new water-dependent uses itJ suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes ~ No ~ Not Applieablo.--~_ . .,Xrrach add,iona} sheets if necessary Policyll. Promote sustainable use ofliving marine resources in Long lsland Sound,,the Peconic and Town waters. See LWRP Section III- Policies; Pages 57 through 62 for evaluation criteria. ~Yes ~-~ No ~-~ Not Applicable At~ach additional sheets if necessary . Policy. 12. Protect agricultural lands in the Town of Southold. See LWRP Section II1- Policies; Pages 02 through 65 for evaluation criteria. ~-~ Yes [~ INoTNot Applicable Anach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. Sec L~ ?,}, Section III - Policies; Pages 65 through 68 for evaluation criteria. [~ Yes (-] No ~ Not Applicable Created on 5/25/05 11.'20 AM Date: TO: Proposal: October 22, 2009 Southold Town Trustees and Mark Terry Remove 239' of existing bulkhead completely and construct new bulkhead in-place. Provide 10' wide non-turf buffer landward of new bulkhead. Remove existing dock structure completely and construct a new 125' fixed dock with a 42"x16' seasonal aluminum ramp onto a 6'x2.0' seasonal floating dock secured in place by two 8" diameter anchor piling. DEVELOPED COAST POI-ZC~ES Policy I Foster a pattern of development in the Town of Southoid that enhances community character, preserves open space, makes efficient uso of infrastructure, makes beneficial uso of a coastal location, and minimizes adverse effects of development. This residential waterfront piece of prope~o/has an existing bulkhead and dock that is used by the property owner and his family for water dependent activities such as recreational boating, fishing and swimming. The characteri~cs of this property are consistent with the surrounding properties. POlicy 2 Preserve historic resources of the Town of Southold. Our proposal will have no effect on the historic resources of the Town of Southold. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. This property has an existing bulkhead and dock. We are proposing to reconstruct both these structures in an attempt by the property owner to maintain the property. The visual quality will not change significantly nor with the scenic resources be altered. NATURAL COAST POLICIES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. Our propesal will have not cause any loss of life, structures, or natural resources ~om flooding and erosion. Again, there is an existing bulkhead and dock. We are simply reconstructing these s~*uctures to maintain the integrity of the property. Policy 5 Protect and improve water quality and supply in the Town of Southokl. Our proposal will have no effect on the water quality or supply in the Town Southold. POliCy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. Best Management Practices will be used during construction to protect the existing wetlands as much as possible. Any disturbance that does occur to the wetlands duflng the initial construction will be minor and is expected to re-establish itself within one year. Policy 7 Protect and improve air quality in the Town of Southold, Our proposal will have no effect on the air quality with in the Town of Southold. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. Our proposal will have no effect on the environmental degradation in the Town of Southold from solid waste and hazardous substances. PUBL/C COAST POL[C/ES Policy 9 Provide for public access to, and recreaUonal uso of, coastal waters, public lands, and public resources of the Town of Southold. ' We are proposing the reconstruction of existing structures. There will be no change to public access or recreational use of coastal waters, public lands and public resources of the Town of Southold due to our proposal. WORKING COAST POLTCIES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. This is a residential waterfront piece of property which enhances the upland property owner's ability to engage in water -dependent activities such as recreational boating, swimming and fishing. It also offers the ability to access larger bodies of water to engage in water dependent activities on a larger level. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. This is a residential waterfront property with an existing bulkhead and dock which are both showing signs of failing. By reconstructing these structures, the property owner is making an effort to maintain the property. This property is used by the owner and his family to engage in water- dependent activities such as recreational boating, fishing, and swimming. During construction there will be minimal disturbance to the wetlands primarily during the instillation of the piling. Best Management Practices will be adhered to in an attempt to protect the wetlands as much as possible. Any disturbed area is expected to re-establish itself within one year. There will not be any ongoing disturbances caused by our proposal, Policy 12 Protect agricultural lands in the Town of Southold. Our proposal with have no effect of the agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. Our proposal will have no effect on the use or development of energy and mineral resources, ;~'~OJ~:7' /..o~wr/OIJ sac. er 4 os 7 /4' ' I s,~ecr 7