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HomeMy WebLinkAbout1000-143.-5-5.! 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: Mark Terry, Principal Planner LWRP Coordinator Date: February 22, 2011 Re: Proposed Wetland Permit for JAMES LUHRS SCTM#1000-143-5-5 Costello Marine Contracting Corp. on behalf of JAMES LUHRS requests a Wetland Permit to construct a 3'X 20' ramp up onto a 3'X 70' fixed catwalk with a 3'X 16' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by two 8" dia. anchor pilings. Located: 1455 Bay Ave., Mattituck. SCTM#143-5-5 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 ac{ion is INCONSISTENT with the LWRP and listed policy standards provided below. Figare 1 Subject parcel Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Prolect 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 Th(~ applicsnt fails to prove that the action meets the following requirements § 275-11 Construction and operation slandards C. 2 (d) of the Southold Town Code: (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Tru,';tees 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; · The dock stucture extends past the existinq dock line. Consider re-orienting the float in the event the action is approved. · It is unclear if the dock meets the 1/3 rule. A distance to the intertidal marsh opposite the dock is not provided. The creek is narrow in this section. The seaward proiection of the dock does not include the width of the vessel as required by Chapter 275. A net ross in public use of waterways is expected as a result of the construction of the dock structure in/on public waterways. [5] Whether the dock will cause degradation of surface water quality and natural resources; What is the expected draft of a vessel moored at the proposed dock? Insufficient water depths could result in bottom scarrinq, turbidity and loss in marine species. [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; 9.3 There is a hi,qh probability that commercially valuable shellfish species occur in the proposed location of the dock structure. The introduction of a dock structure (piles) will result in a net loss of shellfish species. [1 I] 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. The answer to this question has not been provided. Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. 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 placement of a private residential dock structure in public trust lands and/or waters results in a net loss of public use of such lands and waters. 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 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 makin~ a determination of consistency. *Except minor exempt actions including BuiMing Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 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", then the ~ affect the achievement of the LWRP policy standards and conditions contained in r review law. Thus, the action should be analyzed in more detail and, prior to making a determination that it is consistent to the maximum extent with the LWRP policy standards and conditions. If an action cannot be consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the website the t local libraries and ~ Town ( B. DESCRIFIION OF SITI 143 5 5 SCTM# Town Board [~ 1. Category of Town of Southold (a) (b) online at the [ of Trustees Office, response): [-1 Boara action (check appropriate response): ~ Town agency (e.g. capital construction, 1: r, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) Town ofxSouthold's ~tees ~] (c) Permit, approval, license, certification: Nature and extent of action: Construct a 3'x20' ramp up onto a 3'x70' Fared catwalk with a 3'x16' seasonal almnimnn ramp onto a 6~20' seasonal tloating dock secured by two 8" diameter anchor pilings. Location of action: 1455 BAY AVENUE, MATrITUCK Site acreage: 0.75 ACRES Present land use: SINGLE FAMILY RESIDENCE P~sent zoning classification: R-40 RESIDENTIAL LOW DENSITY AA If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:JAMES LUHRS (b) Mailing address: 192 BETHLEHEM ROAD, NEW WINDSOR, NY 12553 (c) Telephone number: Area Code ( )845.300.7892 (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.'? NYSDEC, NYSDOS, ACOE 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 llI- Policies; Page 2 for evaluation criteria. ~]Yes ~-~ No [] Not Applicable Our proposed dock structure will provtde access through the wetlands to navigable waters. This is a waterfront piece ul'properly which the property owner would ltke to use its potential by accessing navigable water to engage in water dependent activities. 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 This property has no significant historic resources. Attach additional sheets if neeessary 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 ~-] Not Applicable Our proposal will not have any effects on the visual quality or scenic resources within the Town of Southold. At(ach additional sheets if necessary NATURAL COAST POLICIES Policy 4. ]Minimize loss of life, structures, and natural resources from floodin~ and erosion. See LWRP Section m- Policies Pages 8 through 16 for evaluation criteria ~-~ Yes ~ No [] Not Applicable Our proposal will not have any intluence on the loss of life, structures and natural resources from flooding and erosion, 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 The proposal will not have any impact on the water qualiO/ or supply o£the Town o£Southold. Attach additional sheets it'necessa~ 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 HI - Policies; Pages 22 through 32 for evaluation criteria. Yes ~-~No~ Not Applicable This proposal will not have a significant impact on the Town of Southold's ecosystem. Ail construction debris will be contained and all Best Management guidelines will be adhered to. Any disturbance that will occur will be only during construction. Once construction Is complete the area with re-establish itself naturally. 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 This proposal ~ill not have any impact on the air quality of the Torm of Southold. 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 Ill - Policies; Pages 34 through 38 for evaluation criteria. ~-~Yes [~ No ~-] Not Applicable This proposal wlil not degrade the en~ronment ~th solid waste or hazardous substances. 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 Soutlmld. See LWRP Section IH - Policies; Pages 38 through 46 for evaluation criteria. ~-] Ye~ No~-~ Not Applicable Our proposal ~ not limit the public's ability to access coastal waters, public lands or public resources o£ the Town of Southold. The majo~ty o£ the proposed dock structure is landp/ard oF the high watermark, The intergdal marsh is not ideal area forpedestrtans. The dock extends approximately 55' seaward o£the low water mark leaving plenty o£ water~ay for boats to pass. 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 llI- Policies; Pages 47 through 56 for evaluation criteria. ~-]Yes ~ No ~ Not Applicable This property has the remains o£a previous dock sffucture. Our proposal is an attempt to regain the accessibility In wtdch the dock structure provides In order to engage In water-dependent activities such as kayaldng, boating, fishing, $wimmtrl~, EtC... The OWllel' wogdd like to use this wa~nt property to Its potential to engage lA these activities. Attach additional shee~s 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 The proposed dock structure will have no significant effects on the living marine resources. 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 This proposal w~l have no impact on the ag~icultural lands in the Town o£ Southold. 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. ~ Yes ~ No ~'] Not Applicable Thts proposal has no influence on the development of energy or mineral resources. Created on 5/25/05 11:20 AM 0 JAN 2 ~ 2012 ;=:,dr~./,it, 2.4-// ('~8~) / I'C,'