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HomeMy WebLinkAbout1000-115.-12-15 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: August 17, 2010 Re: Proposed Wetland Permit for FRANK MARSILIO SCTM#1000-115-12-15 Costello Marine Contracting Corp. on behalf of FRANK MARSILIO requests a Wetland Permit to remove existing pier completely and construct in-place a new 4'× 27' fixed pier with a 32"X 12' seasonal ramp and 6'X 20' seasonal float secured by two 6" dia. pilings, and install water and electric. Located: 1080 Deep Hole Dr., Mattituck. SCTM#115-12- 15 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Water[ront 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 outlined below 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 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) 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: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [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 the determination of the length of the dock must include the dimensions of the vessel. The dimensions of a vessel are not specified. Note that the Board should evaluate the vessel dimensions and dock structure to the 113 rule. Aerial photos indicate that a dock structure occurs opposite of the proposed dock structure further narrowing the navigable channel. Figure 1. Dock structures in navigable channel. [5] Whether the dock will cause degradation of surface water quality and natural resoumes; [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether altemate design, construction, and location of the dock will minimize cumulative impacts; and Deep Hole Creek contains one of the highest densities of residential docks in Town waters. The cumulative impacts of the proposed action has not been addressed. [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. In the event that the action is approved; 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 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. It is recommended that the Board require that the silt boom be deployed during the construction of the structure pursuant to: § 275-11 Construction and operation standards. A. GeneraL 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 or 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. 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 LWRP CONSISTENCY ~SSESSMENT FORM JUL All applicants for permits* including Town of Southold agencies, shall COmplete this CCAF for proposed actions that are subject to the Town of Southold Waterfront ConsistenCY Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of COnsistency. *E~cept minor exempt actions including BuiMing Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. o Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations 6f 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). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standardsiand COnditions COntained in the COnsistency review law. Thus, the action should be analyzed in m°re detail and, if necessary, modified prior to making a determination that it is consistent to the [maximum extent practicable~atifl~he LWRP pol!cy standards and COnditions. If an action cannot be certified as con/sist~t with the LWRP policy standards and COnditions, it shall not be und~aken. ~ _ _ , A COpy of the L¥ RP is available in the following pl~: online at the Town of Sonthold s website (southold >wn.northfork.net), the Boar~T~t~~ni~g__De?artment, all B. DESCRIPTION OF Sll E AND PROPOSEDACTION :; ~ The ApplicatiOn has been subm ~ted ti(~eck appropriate response): i L __. · :: TownBoard ~ PlanningDeptTq---~ [~-I BuildingI~pt.[-~ BoardofTrnstees~ Category of Town of Southold agency action (ched~ appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regUlation, land transition) (b) Financial assistance (e.g. grant, loan, subsidy) ~).~c2~ ,(J~ (c) Permit, approval, license, certification: Nature andextent of action: Location of action: Site acreage: o ~'~ t2C/"~ Present land use: ~lVLO Z V{/~m l[I,I 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: (c) Telephone number: Area Code ( ) &~/" e~)/a F_/,-, (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?/4~(~ I' 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 HI - Policies; Page 2 for evaluation' criteria. ~Yes [] No [] Not Applicable -~l~ ~.~0_~_ Attach additional sheets ff 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~ Not Applicable ~ (-";to At~ach additional sheets if necessary Policy 3. Enhance visnal quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria Attach additional sheets if necessa~ NATURAL COAST POLICIES Policy 4. l~/inlmlze loss of life, structures, and natural resources from flooding and erosion. See LWRP Section IH - Policies Pages 8 through 16 for evaluation criteria 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 ~NotApplicable--~O//_~d9 .~__0 ~.~. ~_~ Attach additional sheets if necessary Policy 6. Protect and restore the qnallty 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 ~f~ No [] Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section IH - 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 IH - Policies; Pages 34 through 38 for evaluation criteria. 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 HI - Policies; Pages 38 through 46 for evaluation criteria. Ydg No Not Applicable Attach additional sheets if necessavd 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 HI - Policies; Pages 47 through 56 for evaluation criteria. ~Yes ~-~ No ~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Pecoulc Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~-~ Yes ~ No~ NotApplieable ~'~[0fl~ ~lL[ 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 energ~ and mineral resources. See LWRP Section IH - Policies; Pages 65 through 68 for evaluation criteria. Created on 5/25/05 11:20 AM Date: To: Proposal: 3uly 26, 2010 Southold Town Trustees and Mark Terry Remove existing dock structure. Construct in-place new 45(27' fixed dock with a 32'5(12' seasonal ramp and 6'x20' seasonal float secured by two 6" diameter piling. Tnstall water and electric. DEVELOPED COAST POLICIES Policy I Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient uso of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. This residential waterfront piece of property has an existing dock that is used by the property owner and his family for water dependent activities such as recreational boating, fishing and swimming. The characteristics of this property are consistent with the surrounding properties. Policy 2 Preserve historic resources of the Town of Southold. Our proposal will have no effect on the historic resources of the Town of Southold. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. This property has an existing dock. We are proposing to reconstruct the dock structure in an attempt by the property owner to maintain the property while providing a more user friendly dock. The visual quality will not change significantly nor with the scenic resources be altered. NATURAL COAST POLZCXES Policy 4 f4inimize loss of life, structures, and natural resources from flooding and erosion. Our proposal will have not cause any loss of life, structures, or natural resources from flooding and erosion. There is an existing dock and we are simply replace this structure with a more user friendly and environmentally friend structure. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will have no effect on the water quality or supply in the Town Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. Best Management Practices will be used during construction to protect the existing wetlands as much as possible. Any disturbance that does occur to the wetlands during the initial construction will be minor and is expected to re-establish itself within one year. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will have no effect on the air quality with in the Town of Southold. Policy 8 Hinimize 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. PUBLZC COAST POLZCZES Policy 9 Provide for public access to, and recreaUonal use of, coastal waters, public lands, and public resources of the Town of Southold. We are proposing to construct the new dock in-place of the existing dock. There will be no change to public access or recreational use of coastal waters, public lands and public resources of the Town of 5outhold due to our proposal. WORK/NG COAST POLTCIES 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 residential waterfront piece of property which enhances the upland properb/owner's ability to engage in water -dependent activiUes such as recreational boating, swimming and fishing. It also offers the ability to access larger bodies of water to engage in water dependent activities on a larger level. Policy 11 Promote sua;~inable use of living marine resources in the Town of Southold. This is a residential waterfront property with an existing dock which is showing signs of age. By reconstructing this structure, the property owner is making an effort to maintain the property. This property is used by the owner and his family to engage in water-dependent activities such as recreational boating, fishing, and swimming. During construction there will be minimal disturbance to the wetlands primarily during the instillation of the piling. Best Management Practices will be adhered to in an attempt to protect the wetlands as much as possible. Any disturbed area is expected to re-establish itself within one year. There will not be any ongoing disturbances caused by our proposal. Policy 12 Protect agricultural lands in the Town of Southoid. Our proposal with have no effect of 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 use or development of eneroy and mineral resources. $outhhuJ~ 'Iow, Board of Trustees I I I o .~OC /d..