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Home My WebLink About1000-87.-3-39 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: From: Date: Re: Jim King, President Town of Southold Board of Trustee~ Mark Terry, Principal Planner LWRP Coordinator October 19, 2009 Proposed Permit to Wetland Permit MICHAEL KENNA SCTM#1000-87-3-39 MICHAEL KENNA requests a Wetland Permit to construct a 3'X 60' fixed catwalk with a 32"X 14' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by two 2-pile dolphins 6" in diameter. Located: 3200 Minnehaha Blvd., Southold. SCTM#87-3-39 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 LWRP. Policy 5. Protect and improve water quality and supply in the Town of Southold. The installation and use of the proposed structures may promote power boat traffic and the possible followin.q neqative impacts may occur: 1. Degradation of water quality 2. Impacts to submerqed aquat c veqetation, 3. Re-suspension of bottom sediments and turbidity To further the above policy and to reduce turbidity in the event that the proposed action is approved, the following Best Manaqement Practice is recommended: The encirclement of the entire project area during construction with a silt boom or floating turbidity screen to control the dispersal of suspended solids in the water column. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife HabitatS and wetlands. 6.1 Protect and restore ecological quality throughout the Town of Southold. 6.2 Protect vulnerable f sh, wildlife, and plant sPecies, and rare ecological communities. Activities durinq dock construction can destroy veqetation either above or below the tide line by pulling them from the substrate or destroying their root system. The peat beds undedyinq salt marshes can also be compacted throu.qh the improper use of heaw equipment. Ve.qetated wetlands have been identified in the area, however, the proposed construction practices of the dock have not been identified. It is recommended that the applicant identifl,~ the proposed construction practices. 6.3 Protect and restore tidal and freshwater wetlands. Ao 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 proposed dock does not conform to Chapter 275 requlations, morn · specifically: Regulations for the placement and configuration of docking facilities. [1] · Residential docks. [Amended 10-11-2005 by L.L. No. 17-2005] Aerial photos indicate that the proposed extension would proiect sea-ward of the existin.q dock line and therefore would not conform to the below cited section (Fiqures 1 and 2). [c] In determining the permitted length of a proposed residential dock, the Trustees shall seek to maintain lengths consistent with the other docks (i.e., pier line) in.the waterway which meet the requirements of this chapter. Figure 1. Aerial view site showing subject parcel (black arrow). Policy 9. 9.4 Figure 2. Aerial view of dock line with 92' proposed sea-ward projection shown (red line). Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Assure public access to public trust lands and navigable waters. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas, Dredging solely to accommodate the draft of larger boats is not a recommended alternative. 4. Structures extending beyond the minimum necessary for access to navigable waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in the following circumstances: a. when necessary for practical and convenient operation of water- dependent industry or commerce, and provided that obstruction of commercial navigation does not result. b. for commercial recreational boating facilities provided that: (i) the loss of navigable waters and use of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does not result. c. when the principal purpose of the structure is necessary: (i) to provide public access for recreational uses (ii) for improvements for navigation (iii) for protection from coastal hazards, or (iv) for essential public transportation and transmission facilities. The structure proposed to project into the water-way and will impede and/or hinder use of th~; public seaward of the mean hi.qh water. Further, the proposed action has been identified fo, private use and therefore does not meet the above policy. It is recommended that the proposed action ~)e amended to further the above listed policies t~, the extent practical. 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 · ' ~Iowmof Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this proposed actions that are subject to the Town of Southold Waterfi'ont Consistency Review assessment is intended to supplement other information used by a Town of So~.lthold making a determination of consistency. *Except minor exempt actions including Buihli~tg and other mim'sterial permits not located within the Coastal Erosion Hazard Area. 2. 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~t~--T6wn of Southold Waterfi-ont Revitalization Program. A proposed action will b.e/,~9~]uated as to /ts sign/ftc:mt beneficial and adverse effects upon the coastal area (which inc!u/de(all ofSouthold To~\ql) · 3. If any question in Section C on this ~rm is answered "y~, then the nronosed actio ~ ..... achhevement of the LWRP policy standards and conditions 'contained ~n t~he Thus, the action should be analyzed in more detai~and, if necessary, modified pr/or determmat:on that :t is consistent to the m~',~um .e.x. te,nt practicable with the LV~RP standards and conditions. If an action carmofl be certified as consistent with the LWR? standards and conditions, it shall not be undeLTr~fken. ' A copy of the LWRP is available in the fot(ow/.n , .~' '~ ' _ r~';2 outhold's wcbsit,. (southoldtown.northfork.net), the BoarCfTms] ~~n~D_e~¢~] rant, all loc libraries and the Town Clerk's office. / ~ ........ B. DESCRIPTIONOFxSITEANDPROPO/EDACTI¢ ~U'. t, u3 ~u c,,,c TheAppl,¢at,on has e nsuh ed o(oh approp ateresp ' ' Town Board ~] Planning De~t. ['-]/Building D~.t..i:~..._Board of Trustees~)~ 1. CategoryofTown ofSouthol>wn of Southo~cy action (che~~a nc action check appropnateresponse). '~ .... ....... --~_i ........ Actmn undertaken dn-ectly by Town agency (e ~ c.anital ' '. ~ (a) constructmn, planmng act~vzty, agency regulation, land transa~ti-~-n)~--' .~ (b) Financial assistance (e.g. gran( loan, subsidy) (c) Permit, approval, license, certification: ___~ "~._ ~ .......... h~ ........... r' '' ...... 1 2. l~omaaon~f m ~hcaUon~. u~f°r___.~_ ~_ ~e. propp~ ~fion ;h~ be~ filed: ~:~e Tom: of Sou~old agency, the following (a) N~e ofapphc~t: ~ . . ..' ': ,':.'?m ';:tyt~ '.,~y~w;,~a}'~ ~. ', x ~,~.. ~. . ,?,;/, .. _ . ; ':~ ., ~.4;'"~,. ..... ;' a'}'?': '" ;;2 t : ': ' Will ~e at,on be ~ectly ~de~e~ r~;~, or::approv~ by a state Or federal agency9 ~E~LOPED COAST POLICY prese~esP°licy 1. Foster a patternopen space, makes°f development inefficient u~e the Town of Southold that'enhances community character, of infrastructure, makes beneficial use qf a coastal location, and mlnlm~es adverse effee~ of devdopm,n~ S~, L~ 8*etlon III - Pollcles; Page 2 for evaluation criteria. A~ch addifio~l shee~ if noc~s~ ~, . ~"-'roney 2. Protect and prese~e hlstorle aad areha,ologleal resoure¢s of the Town of Southold. See LWRP Section III - Po~ci~ Pages 3 ~rough 6 for *valaltloa erlt,rla U Yes ~ No ~ Not Appil~ Attach'additionhl 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 pp ~. ; NorA licab' ~ ~ 3/~ach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Mioi .m. ize loss of life, struetures,~ ,and natural resources from flooding Section Ill-PohciesPages,8,thr~u.,gh:16tf~[~e~,lilUat!on,,c~;Re:rla:.::.... ,:. .... .,:. :: and erosion. See LWRP ~ Yes t__J No.t--i Not Appliea~ ,, ~. ;'~ At~ach additional sheets if necessary Protect and improve water quality and Policy 5. supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for;eval~tatton~crlterla · ~ Yes [~ No Attach additional sheets if necessary ~ Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish arid Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Attachadditi°nalshcetsifn~qc~sarY : ~ ~ ?~. . ..... . . Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - ?olicies Pages 32 through 34 for evaluation criteria, ~] Yes [~ No [-~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degr,~l~tlo~,~!a T0wn~ 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 Applicabl~ 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 Attach additional sheets if necessary WORKING COAST POLICIES Policy I0. Protect Southold's suitable I ' water-dependent uses and promote siting of new water-dependent uses ia ocatlons. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. t-~ Yes [] No [] Not Applicable ~ ,.. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, lhe 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 [-~ 1~o [-'] Not Applicable At~ach 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 ~ Created on 5/25/05 11.'20 AM · Date: To: Proposal: ' Augu'st 26, 2009 Southold Town Trustees and Mark Terry Construct a 3'x60' fixed catwalk with a 32"x14' seasonal aluminum ramp onto a 6'x20' seasonal floating dock secured by two 2-pile dolphins. DEVELOPED COAST POLICIES 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. Our proposal is consistent with this policy in that it a dock structure will be utilized by the property owner to access his boat in order to access larger bodies of water. Our proposal makes beneficial use of this waterfront location. Waterfront property is the only appropriate location for a dock. The addition of this structure will not increase adverse effects on development. Policy 2 Preserve historic resources of the Town of Southold. This project location has no significant historic resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal will not have a negative impact on the visual quality or scenic resources. Any disturbance to the indigenous vegetation during the initial construction is expected to re-establish itself within a season's time. The size of our dock structure is appropriate for this area. We are proposing a small 3' wide structure to access deep water then place a 6'x20' seasonal float to service a small boat. NATURAL COAST POLTC/ES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. Our proposal has no impacts on the flooding or erosion of natural resources. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will not have any impact of the water quality or supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. Our proposed dock facility will have minimal effects off the ecosystem. During the initial construction there will be a disturbance to the ecosystem but this area will easily re-establish itself within one season. We have submitted application to all other governing agencies (DEC, ACOE, DOS) and we will adhere to any special conditions placed on this project in order to protect the wetlands on this site. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will not have any impact on the air quality in the Town of Southold. Policy 8 Minimize environmental degradaUon in the Town of Southold from solid waste and hazardous substances and wastes. Our proposal will not influence the environmental degradation in the Town of Southold from solid waster and hazardous substances and wastes. PI. JBi/(; COAST POi/C/ES 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 give the property owner the ability the access his boats and engage in the recreational use of coastal waters. The dock will not inhibit others ability to access these same waters. ' P~ge 2 of 2 LWRP for Kenna WORKZNG COAST POLZCZES 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 waterfront piece of property. With the addition of this dock facility the property owner will be able to access his boat to engage in water-dependent activities such as kayaking, fishing, site seeing, water-skiing and swimming. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. Our proposal is minimal in size so there won't be much impact on the living marine resources. The dock will be only be 3' wide and the decking will be grate style minimizing the shading of the existing vegetation. The structure will also be constructed a minimum of 3 1/2 feet over grade allowing for significant sunlight penetration. With adequate sunlight penetration, the weUands will continue to thrive allowing them to maintain their function of providing food and shelter for small fish. Policy 12 Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. Our proposal will not have any impact on the development of energy and mineral resources. MM) 4 rl.#~,t ** I I , .-Z::)OC./C...~'7-/d./Z_