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HomeMy WebLinkAbout1000-138.-2-29 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southo]d, NrY 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: June 16, 2010 Re: Proposed Wetland Permit for MICHAEL O'DONNELL SCTM#1000-138-2-29 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 MICHAEL O'DONNELL requests an Amendment to Wetland Permit #5648 to allow the construction of a 4'× 16' extension with a 3'X 20' "L" section at off-shore end of existing 4'X 31' fixed dock. Located: 6010 Skunk Lane, Cutchogue. SCTM#138-2-29 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 LWRP and listed policy standards provided below. Policy 6. Protect and restore the quality and function ecosystem 6.3 Protect and restore tidal and freshwater wetlands. of the Town of Southold Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other/ands 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 Con~struction 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, she#fishing, waterskiing and other water-dependant activities; Chapter 275 requires that the determination of the len.qth of the dock must include the dimensions of the vessel. The dimensions of a vessel are not specified. [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; See above comment. [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, shortening or reducing the size of structures, and increasing the width of non-disturbance buffers._ [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wet/ands, seagrasses including eelgress (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 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 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. The applicant currently enjoys access to public waters via a 31' fixed dock. 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 LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete tlxis C('-\i '.',r proposed actions that are subject to the Town of Southold Waterfront Consistency Review [_~;~ It~t~ assessment is intended to supplement other information used by a Town of Southold zt~..~c., ;tt making a determination of consistency. *Except minor exempt actions including t~t,ld~g¥,./,~;, and other ministerial permits not located within the Coastal Erosion Hazard drea Before answering the questions in Section C, the preparer of this form should review minor action list, policies and explanations of each policy contained in the Town of $outhold Waterfront Revitalization Program. A proposed action will be evaluated as to its beneficial and adverse effects upon the coastal area (which includes ali of Southold Tow-a) .3¸ If any question in Section C on this form is answered "yes", then the proposed action may achievement of the LWRP policy standards a..,~_d conditions contained in the consistency Thus, the action should be analyzed in more detail and, if necessary, modified prior determination that it is consistent to the maximum extent practicable with the L\VRP standards and conditions. If an action cannot be certified as consistent v.'ith the standards and conditions, it shall not be undertaken. A copy of the LWt~ is available in the following places: online at the Town (southoldtown.northfork.net), the Board of Trustees Office, the Plarming Depa~qmer~t, libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCT , The Application has been submitted to (check appropriate response): Town Board {---] Planning Dept. [] Building Dept. [] Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grantl loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Present land use: '"~ Present zoning cl~s:fication: 2. If an application for th proposed aclion has been filed with the Town of Southold agency, the following information shall be prowde~l (d) Appli "; '~" nmb ...... c nn c Will the action be mrectly undertaken, r ' e ~'1 ' or* ~j**l~., :, d~, ~pproval by a state or £edcral agency? Yes~J~ No [] .D. EVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of $outhold that enhances community character, preserves open space, makes efflelent use of Infrastructure, makes benefleifii 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 · Attach 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 ~N0~]'' I ; .'" ~' Yes Not Applicable , ~, ....... At~ach additional sheets if necessary NATURAL COAST POLICIES Poli.cy 4. Miai.m. iz.e loss of life, struetures~ and natural resources from floodin an ' . Sect,on III- Pohcle.s Pages'8 thr.o, ug~h..16:f~,?.'eYhlUatl0n, i~rltei, la: .:..... ,.:.. ,.,:. :~ g d erosion See LWRP Yes t._J 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 II1 ~.Policies Pages 1.6 thrpugh 21 fQr:eyalu, ation~crtterla Yes No )X[Not Apphcabl~ Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish ahd Wildlife Habitats and wetlands. See LWRP Section III - Pohc~es; Pages 22 through 32 for evaluation criteria. ' ' Atlaeh additional sheets if necessary ~ ~ ~;~ Policy 7. Protect and improve air quality la th'e Town of So'uthold. See LWRP Section 11I - Policies Pages 32 through 34 for evaluation criteria. [--] Y~s ~[~ No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degra{l~tlon' !n Town of Southoid from solid waste and hazardous substances and wastes. See LWRP Seeti(~ll III - Policies; Pages 34 through 38 for evaluation criteria. []Yes'~ No~-~ NotApplleable ~ 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 Atlach 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 [7-] 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 [~ No~ Not Applicable ~'~ ¢ ~F_.~ ~ i~-~//(.~ (/ Ar~ach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See Section III - Policies; Pages 65 through 68 for evaluation criteria. ~]Yes [-~ NO¢ Not Applicable ~. ~(j~, ~ Created on 5/25/05 L i.'2O AM Date: May 13, 2010 To: Southold Town Trustees and Mark Terry Client: Michael O'Donnell 6010 Skunk Lane, Cutchogue Proposal: Allow construction of a 4'x16' extension with a 3'x20' "L' section at offshore end of existing 4'x31' fixed dock. DEVELOPED COAST POLZCZES 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 will make better use of this waterfront property by extending the existing into deeper water and providing an area for the property owner to access his boat. This extension will not extend further than the current pier line established by the neighboring docks. The proposal is consistent in size for the surrounding area. Policy 2 Preserve historic resources of the Town of Southold. There are no historic resources of the Town of Southold located at this site. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal will have no effect on the visual quality or scenic resources throughout the Town of Southold. The proposed extension is consistent with the neighboring docks and will not extend any further than the existing pier line. NATURAL COAST POLTCIES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. Our proposal will have no effect on the loss of life, structures and natural resources from flooding and erosion. Policy 5 Protect and Improve water quality and supply in the Town of Southold. Our proposal will have no effect on the water quality and supply in the Town of Southold. The dock will not cause direct or indirect discharges that would contribute to contravention of water quality standards. There will be no non-point pollution increase by the construction of the proposed extension. The scope of the proposed extension is minimal in size. There will be very minor disturbance during the initial construction but the disturbance will not be a continuing factor. Once construction is completed it is anticipated that the area will totally recover. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. The scope of our proposal is minimal. The small dock extension will not have any impact on the quality or function of the Town Southold's ecosystem. There is any existing dock structure and our proposal is a small seaward extension. There are no vegetative weUands in the area of the proposed extension. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will have no effect 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 have no effect on the environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes, PUBI.~C COAST POLZCIES Policy 9 Provide for public access tot and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Our proposal will not inhibit public access to coastal waters, public lands and public resources of the Town of Southold. We are proposing a seaward extension of any existing dock structure which will not extend further than the established pier line. The scope of the work is minimal so the visual access will not be effected either. WORK/NG 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 that has an existing dock. The existing dock terminates at a water depth of approximately 1/2 foot at MLW. This minor extension will allow the dock terminate at approximately 2 feet of water at MLW. This additional water depth will allow the dock to be more functional. The property owner will be able to access his boat to engage in water dependent activities. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. The proposed dock extension will help in preventing any potential prop dredging. Currently the existing dock terminates at 1/2 foot of water at MLW, The extension will terminate at approximately 2 feet of water at MLW. Our proposal will lessen the likelihood that prop dredging will occur. Policy 12 Protect agricultural lands in the Town of Southold. Our proposal will have no effect on 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 appropriate use and development of energy and mineral resources.