Loading...
HomeMy WebLinkAbout1000-86.-1-9.4 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: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: July 21,2010 Re: Proposed Wetland Permit for E. BROWNELL & KAREN JOHNSTON SCTM#1000-86-1-9.4 THE ACTION IS LOCATED IN A NYSDEC CRITICAL ENVIRONMENTAL AREA AND NYSDOS SIGNIFICANT FISH AND WILDLIFE HABITAT. E. BROWNELL & KAREN JOHNSTON request an Amendment to Wetland Permit #5217 to remove the stairs at the seaward end of the existing catwalk and construct a 4'X 15' extension to the catwalk and 4'X 10' "L" section. Located: 4001 Wells Rd., Southold. SCTM#86-1-9.4 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 CONSISTENT with the below Policy Standards and therefore is CONSISTENT with the LWRP provided that the applicant meets or furthers the following policies to the greates extent practicable. Figure 1. Existing dock structure on parcel. 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. Chapter 275 requires that the determination of the length of the dock must include the dimensions of the vessel. The dimensions of a vessel are not specified. It is recommended that the applicant provide this information Further, the applicant has not demonstrated that the following dock standards pursuant to § 275-11. Construction and operation standards have been met (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; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [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; 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, shortenin.q or reducin.q the size of structures, and increasin.q the width of non-disturbance buffers [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; [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 [12] Whether adequate facilities are 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 $outhold. A. Limit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of .potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water. The applicant currently enjoys access to public waters via a 58.5' fixed dock structure. The purpose of the 20' extension to the dock structure into public trust waters has not been provided. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action Cc: Lori Hulse, Assistant Town Attorney .Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM - 2 2010 All applicants for p~rrnits* including Town of Southold agencies, shall co~l proposed actions that are subject to the Town of Southo]d Waterfront Cofislstency Revi~Wgaw:-Tiffs assessment is intended to supplement other imeormation used by a Town of Southold agency in malting a determktatiun of consistency. *F~cept mi~or ~xcmpt ¢clions i~cl~di~g B~i/di~g £ermit~ ¢nd other mi~isteri¢~ permits not locateg withi~ thc Coa~t¢! ~ro$io~ Haz¢rd 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- suooorfin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. PROJECT NAME The Application has been submitted to (check appropriate response): TownBoard [] PlanaingBoardE~ BuildingOept. ~ Board ofTrustees A copy of the LWRP is available in the following places: online at-the Town of Soutllbld? s website (southoldtown.northfork.net), the Board of Trustees ~ ~ffice; ~h¢ Planning Departn~ent, all local libraries and the Town Clerk's office. : .: DESCRIPTION OF SITE AND PROPOSED ACTION ~;_~ L ' Z;: Category of Town of Southold agency action (check appropriate response): (a) Action undertaken direcdy by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: ~Location of action: Site acreage: ~'~1 L~£ 5 Present l~d ~e: Present zo~g cl~sificafion: If ~ application for ~e proposed ~fion h~ ~en filed M~ ~e To~ of Sou~old agency, ~e follo~g ~o~afion sh~l be prohded: (a) N~e of applic~t: Co) Mailing address: (c) Telephone number: Area Code ( )_ (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 IH - Policies; Page 2 for evaluation criteria. [] Yes [] 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 NotAppiieable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Sauthoid. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [-~ blot Applicable Attach additional sheets if necessapj 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 erlteria ~ 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 ~ Yes ~ No ~'~ Not Applicable 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 IH - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ['-] Yes [-] No ~ 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 Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southoid'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 F~ Not Applicable 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 IH - 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 HI - Policies; Pages 65 through 68 for evaluation criteria. ~-] Yes ~ No [] Not Applicable PREPARED BY TITLE ~t~iv~L~ 6~ ft.~ ,,.~ DATE ~I~ ' CONSULTANTS INC 719 NORTH SEA RD, SOUTHAMPTON, NY 11968 6~ N/F J. 8c ]t. NlCKICH H~ £ £ £ £ at~ ........ 4' x 52' SECTION OF EX. CATWALK TO PROPOSED 4' x 15' EXTENSION OF EX, CATWALK (EX. STAIRS TO BE PROPOSED FIXED RICHMOND CREEK (APPROX. ~75') £ £ £ £ £ £ PEOPO~P I~Xf'gNGION OF PlY~P POE IG~N ~ I~, I~OWN~LL JOHNSfON ON EICHMONP GI~F::K, PI~¢ONIC, 5L~PObK¢OI. JN? ~' E N- CONSULTANTS liNC 1319 NORTH SEA RD. SOUTHAMPTON, NY tl 968 631-283-6360 t ! PROF'O~P I~X~NStON OF PIMP POCK FOR ~N ~ ~. ~LL J~NSf~ ON RICHMONP C~K P~CONIC, ~P~K CO~, NY ~ 2 ~ 2 ~/HI IO