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Home My WebLink About1000-139.-1-4.2 OFFICE LOCATION: Town Hall Annex §4375 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 ~J LWRP Coordinator ' Date: November 18, 2009 Re: Proposed Wetland Permit for ROGER PRAETORIUS SCTM#1000-139-1-4.2 Proper-T Permit Services on behalf of ROGER PRAETORIUS requests a Wetland Permit to install a - private recreational docking facility consisting of a fixed walkway with open-grate decking 4'X 85' supported by 8" dia. (nominal) madne piles seaward of the ordinary high water line, hinged ramp 3'X 18', and floating dock 6'X 20', with the float secured by up to four 8" dia. (nominal) madne piles. Located: 975 Westview Dr., Mattituck. SCTM#139-1-4.2 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of $outhold 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 CONSISTENT with the below Policy Standards and therefore is CONSISTENT with the LWRP; provided that the proposed action meets sub-policies 6.3, and outlined below. 6.3 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 judsdictio~ Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate that the following dock standards pursuant to § 275-11. Construction and operation standards have been met. (d) [1] [2] [3] 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: 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; [9] IlO] 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 f/ow 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 ~or fueling, discharge of waste and rubbish, electrical service and water service. To further Policies 5 Protect and improve water quality in the Town of Southold, 6.3 Protect and restore tidal and freshwater wetlands and Policy 1 I. Promote sustainable use of living marine resources in Long Island Sound, the Pecenic Estuary and Town waters. It is recommended that the Board require that the silt boom be deployed during the construction of the dock structure pursuant to: § 275-I 1 Construction and operation standards. A. Genera/. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control Installation of an erosion control structure is necessary during any building, grading, landscaping pr site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. Note that Mattituck Inlet and Creek is identified by the state as a regional Madtime Center and are a pnmary focus of maritime activity within the Town of Southold The,intent of Policy lO; Protect Southold's water-dependent uses and promote siting of new wafer-dependent uses in suitable locations is to protect existing water-dependent commercial, industrial, and recreational uses and to enhance the economic viability of water-dependent uses by ensuring adequate provision of infrastructure for water-dependent uses and their efficient operation. The action furthers the above policy. 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 APPLICANT: ROGER PRAETORIUS SCTM #: 1000-139-1-4.2 / LWRP CONSISTENCY ASSESSMENT FORM Policy I [] YES Foster a pattern of development in the Town of Southold that enhances com- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. ~O [] NOT APPLICABLE The construction of a small private-use dock is consistent with the character of the waterfront community, and because of the relatively small area of the proposed dock it is felt that there is no adverse impact on the desired preservation of open space. Infrastructure use is not a factor since the project is accessory to and ac- cessed from private property. The project is certainly a beneficial use of the coastal location, and the incremental increase in development in the area is insignificant. Policy 2 Preserve historic resources of the Town of Southold. [] YES ~O [] NOT APPLICABLE There is no evidence to indicate that the immediate area of the project includes his- toric features, and it is to be expected that the mainly intertidal nature of the project area is unlikely to have been the site of recoverable artifacts of past civilizations. Policy 3 [] YEs Enhance visual quality and protect scenic resources throughout the Town of Southoid. ~O [] NOT APPLICABLE The structure proposed is low profile and will be inconspicuous in the proposed location. It is compatible with other existing shoreline structures in the area, and will not adversely affect the dynamic landsca,~e..l~m.m.m.~e~lts (tidal fl..~~- sonal vegetation changes; seasonal/diurnabetihilgt~'il~'ambient light) which contribute to ephemeral visual qualities. "-'~ ~' Policy 4 [] YES Minimize loss of life, structures, and natural resources from flooding and ero- sion. ~O [] NOT APPLICABLE It is intuitively obvious that the likelihood of the structure proposed contributing to increased hazards which could result in the losses listed is minimal. Natural protec- tive features will not be adversely affected Policy 5 Protect and improve water quality and supply in the Town of Southold. [] YES ~O [] NOT APPLICABLE The proposed project will not include a pump-out station nor will liquid or solid wastes be discharged into the water or wetlands. Disturbance of the creek bed dur- ing construction and thereafter during active use of the structure will be minimal. Policy 6 [] YEs Protect and restore the quality and function of the Town of Southold's ecosys- tem. ~O [] NOT APPLICABLE Although the shading resulting from the project structure may adversely affect the wetland vegetation immediately under it, efforts will be made in the construction to space the deck planking to permit some sunlight through. During construction, the indigenous plants will be protected insofar as possible. The project is not lo- cated in a Significant Coastal Fish and Wildlife Habitat. All statutory and regula- tory requirements, at all levels of government, will be strictly complied with. No dredging, excavating, or filling is proposed. Policy 7 Protect and improve air quality in the Town of Southold. [] YES ~O [] NOT APPLICABLE The construction or use of the project as proposed will not result in significant amounts of new air pollution. The siting of the dock is such as to limit the usable size of the boat, and thus its engine. Policy 8 [] YES Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. [] NOT APPLICABLE The project as proposed will not result in the generation of any additional solid waste. The handling and storage of petroleum products, if any, will be accom- plished through the use of approved containers and facilities, and approved meth- ods of handling and storage will be followed. Policy 9 [] YES Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 10 Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. [] YES [] NO ~NOT APPLICABLE This policy is not applicable to the proposed project. Policy 11 []YEs Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 12 [] YEs Protect agric~mral lands in the Town of Southold. [] No 'I OT APPLICABLE This policy is not applicable to the proposed project. Policy 13 Promote appropriate use and development of energ~ and mineral resources [] YES ~O [] NOT APPLICABLE The planning and construction of the project is, and will be, such that energy effi- cient design criteria are applied throughout, based upon any local or State building codes, or upon practices generally recognized as desirable in this regard. As has been stated, any handling and storage of petroleum products will be accomplished through the use of containers, facilities and methods of handling and storage as approved for residential property use and generally accepted as safe. Site drainage and water control will be designed and accomplished in accordance with Town policies and requirements. Hydrographic Mop for: Roger Praetorius At Mattituck Town of $o~thold Suffolk County, New York S.C.T.M.: 1000-159.00-01.00-004.002 SCALE: 1 '= 40' NOTES: I. AREA = 21,555 S.F. 2. · = MONUMENT FOUND, ~ = STAKE SET, O = PIPE EOUN0. 3. ELEVATIONS ARE REFERENCED TO APPARENT LOW WATER. 64 SUNSET A~NUE W[STHAMP/ON BEACH. N.Y. 11978 (631) 288-0~22