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Home My WebLink About1000-137.-3-7 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: MarkTerry, Principal Planner ~ LWRP Coordinator Date: April 20, 2010 Re: Proposed Wetland Permit for BENJAMIN & JOCELYN SUGLIA SCTM#1000-137-3-7 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. Costello Marine Contracting Corp. on behalf of BENJAMIN & JOCELYN SUGLIA requests a Wetland Permit to construct a 4'X 16' ramp onto a 4'X 70' level fixed dock with 32"X 16' seasonal aluminum ramp onto a 6'× 20' seasonal floating dock secured by two 2-pile anchor dolphins using 8" dia. piles. Located: 4639 Stillwater Ave., Cutchogue. SCTM#137-3-7 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southoid 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. Dock location Lower water depth Bottom scarring Figure 1. Subject parcel showing frequent and repeatable bottom scaring and Iow water depth. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 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 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 thedetermination of the len,qth of the dock must include the dimensions of the vessel. The dimensions of a vessel are not specified. Additionally, aerial photos indicate that the location of the proposed dock is frequently used by vessels. Based upon aerial photos the location of the dock is proposed in an unmarked channel that is used to access the East Creek channel. The area appears to contain Iow water depth and frequent bottom scarinq by vessels naviqatin.q the area. It is likely that the construction of the 122' dock structure will hinder or obstruct the naviRable waters in the area due to even lower water depths to the northeast. [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; See above comment. [6] Whetherthe dock will cause habitat fragmentation and loss of significant coastal fish 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 in 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 significant non-disturbance buffer (equal to or .qreater than 20' in width from the tidal wetland line) be established to mitigate the local impacts from the dock structure. ~] 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; [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; 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 project area. [12] Whether adequate facilities dre available to boat owners and/or operators for fueling, discharge of waste and rubbish, 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. ,-~ ' INSTRUCTIONS 1. i.w CONS S NC¥ aSSESS m rr FOPa ! ?F1 - 20]0 All applicants for pennits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Watetfiont Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions ih 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 evalua~l as to its significant beneficial and adverse effects upon the coastal area (which includes all of Sou~old Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. ~h~c~ll, .the..action. .sho. ul.d be an.~yzed in more d?ail and, if necessary, modified prior to making a marion mat tt ts consistent to the mardmum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be under,eh. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.norflffork.not), the Board of Trustees Office, the Planning Department, all local h'braries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# The Applica Town Board 1. Categc (a) (c) on has been submitted to (check appropriate response): [-~ Planning Dept. ~-~ Building Dept. [] Board of Trustees _~ O' of Town of Southold agency action (check appropriate response): Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (b) Mailing address: ,dr~0*q ~.,~l/¢/a.~/p.t4u~. I ' (c) relq,hon number: ,Ced¢ ( ) 3. (d) Application number, ifany:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes~ $or-] Ifyes, which state or federal agency? ~[~t~D~'(_.~,~[~(~ff--y, /~(/xlr~ 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. 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,X~. Not Applicable-~--. 0~0.~ Atlach additional sheets if necessary Policy 3. Enhance vis~ qus]Jty and prutect scenic resources throughout the Town of Somhold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. MinlmiTe loss of life, structures, and natural resources from flooding and erosion. See LWRP Section HI - Policies Prages 8 through 16 for evaluation criteria ~-~ Yes [] No'~tz~ Not Applicabl.c~ . | 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 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 [-~ Not Applicable / - At(ach additional sheets if necessary Policy 7. Protect and improve air qnaligy ill the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [] Yes F-~ NoN 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 IH - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No ~ Not Applieable~-~_a~L f~k{.ke~{ 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 Southoid. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~-~ Ye~ No ~-~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes[] No ~ Not Applicable At'tach additional sheets if necessary Policy 11. Promote sustainable use of living re, tine resources in Long Island Sound, the Pecoulc Estuary and Town waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. X~Yes ~-] N°~--~N°tapplicable "'~/]~ ~)~. 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. 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. Created on 5/25/05 11:20 AM · Dato: To: Proposal: March 19; 2010 Southold Town Trustees and Nark Terry Construct a 4'x16' ramp onto a 4'x70' level fixed dock with a 32~x16' seasonal aluminum ramp onto a 6'x20' seasonal floating dock secured by two 2-pile anchor dolphins using 8" diameter piles, DEVELOPED COAST POLTC~ES Policy I 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 w~th 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 dudng the initial construction is expected to re-establish immediately after construction is completed. The size of our dock structure is appropriate for this area. We are proposing a small 4' wide structure to access deep water then place a 6'x20' seasonal float to service a small beat. NATURAL COAST POLTCI'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 ~acility will have minimal effects on the ecosystem. During the iniUal const~uc'don there will be a disturbance b~ the ecosystem when ddving the piling but this area will easily re- establish itself within one season. We have submitted applications to all other governing agencies (DEC, ACOE, DOS) and we will adhere to any special conditions placed on this project in order to protec~c 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 degradation 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. PUBLZC COAST POLIa~ 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 beats and engage in the recreational use of coastal waters. The dock will not inhibit others ability to access these same waters. · Page 2 of 2 LWRP for Suglia WORK/NG COAST POLICIES 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 deck 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. Promote su=L~inable use of living marine resources in the Town of Southold, Our proposal is minimal in size se there won't be much impact on the living marine resources. The deck will be only 4' wide and the decking on the inshore section 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 wetlands 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 ener~/and mineral resources. Our proposal will not have any impact on the development of energy and mineral resources. o 4oolq'. .4.1" 0o~,o" ,,.s ;~-~). /~ 2010 ' I ,,c'/ ~,,.-~ I