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HomeMy WebLinkAbout1000-23.-1-6.1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 I 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: December 11, 2012 Re: Proposed Wetland Permit request for FREDERICK de la VEGA & LAWRENCE HIGGINS SCTM#1000-23-1-6.1 NOTE that Dam Pond is a New York State Department of Environmental Conservation Critical Environmental Area and New York State Significant Fish and Wildlife Habitat Area (Orient Harbor Complex). En-Consultants on behalf of FREDERICK de la VEGA & LAWRENCE HIGGINS request a Wetland Permit to construct a fixed timber dock equipped with water and electricity and consisting of a 4'x95' fixed, elevated walkway, a 3'x14' hinged ramp; and a 6'x20' float secured by (2) 6" diameter pilings. Located: 15437 Route 25, East Marion. SCTM# 23-1-6.1 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 below listed policy standards and therefore INCONSISTENT with the LWRP. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 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. Chapter 275 Wetlands and Shorelines of the Southold Town Code regulates the siting of docks in navigable waters through the following sections: § 275-11 Construction and operation standards. A General (7) Cdtical environmental areas. 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 nondisturbance buffers. The proposed action is located within the NYSDEC Critical Environmental Area (CEA); Peconic Bay and Environs. To be designated as a CEA, an area must have an exceptional or unique character with respect to one or more of the following: 1. a benefit or threat to human health; 2. a natural setting (e.g., fish and wildlife habitat, forest and vegetation, open space and areas of important aesthetic or scenic quality); 3. agricultural, social, cultural, historic, archaeological, recreational, or educational values; or 4. an inherent ecological, geological or hydrological sensitivity to change that may be adversely affected by any change. Dam Pond provides open space and scenic qualities, fish and wildlife habitat and historic and recreational values. (2) Docks C (2)(b)Dock locations and lengths. [Amended 10-11-2005 by L.L. No. 17-2005] [1] No dock shall be erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation, fisheries, shell fisheries, scenic quality, habitats or wetland areas, As indicated above the proposed action is located within an area desi.qnated as a New York State Siqnificant Fish and Wildlife Habitat Area (including Orient harbor). The Coastal Fish and Wildlife Assessment Form (attached) describes the area as a wintering waterfowl area of regional significance. Species observed included American black duck, mallard, mute swan, merganser, scaup, goldeneye, bufflehead, oldsquaw, and Canada goose. Orient Harbor (Dam Pond) is also inhabited by several nesting pairs of osprey (a species of special concern) during the breeding season, which utilize man-made nesting platforms located in the salt marsh north of the harbor. The potential exists for additional nesting pairs at this site. Diamondback terrapin have been observed here but the extent to which the area is used by this species is not adequately documented. This area may also provide important breeding habitat for horseshoe crab, but additional documentation is required. Orient Harbor (Dam Pond) is also a productive habitat for madne finfish and shellfish. This area is one of the top scallop producing areas on Long Island, supporting a commercial shellfishery significant in the northeast region of the United States. Any activity that would substantially degrade water quality in Orient Harbor would affect the biological productivity of this area. All species of fish and wildlife would be adversely affected by water pollution, such as chemical contamination (including food chain effects resulting from bioaccumulation). It is essential that high water quality be maintained in the area to protect the bay scallop fishery. Unrestricted use of motorized vessels including personal watercraft in the protected, shallow waters of bays, harbors, and tidal creeks can have adverse effects on aquatic vegetation and fish and wildlife populations. Use of motorized vessels should be controlled (e.g., no wake zones, speed zones, zones of exclusion) in and adjacent to shallow waters and vegetated wetlands. The narrative emphasizes that the "Construction of shoreline structures, such as docks ... in areas not previously disturbed by development (e.g., natural beach or salt marsh), may result in the loss of productive areas which support the fish and wildlife resources of Orient Harbor (Dam Pond). The need for the dock structure has not been identified. As you are aware the navigability of Dam Pond is restricted due to Iow water depths and the State Route 25 causeway bridge. Additionally, the proposal includes the use of CCA treated structural timbers in this sensitive system. The rate of flushing in this area of Dam Pond is unknown and no information has been provided by the applicant for the Boards assessment. Recognizing the toxicity of CCA ~reated woods in Town madne waters, the Board prohibited the use of lumber pre-treated with any preservative, including but not limited to chromated copper arsenate (also known as "CCA"), commercial copper quat (CCQ), penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives in sheathing and decking on dock structures. The law also prohibits such treatments on any part of a structure in Iow tidal flow wetland areas (as determined by the Trustees). The ecological and scenic values of Dam Pond are equal to, if not greater than that Hashamomuck Pond, Pipes Cove and Hallocks Bay, therefore the management of dock structures within these systems should be consistent citing ecological functions and values and cultural historic and scenic values. The high ecological quality of the area is further substantiated by the Towns purchase and management of the Dam Pond Maritime Reserve recently renamed the Ruth Oliva Preserve at Dam Pond. Chapter 275 prohibits dock structures in the water bodies "over vegetated wetlands or such that it causes habitat fragmentation of vegetated wetlands". The proposed action in Dam Pond Would occur over vegetated wetlands and fragment the Iow and high marsh system. Therefore, it is recommended that the Board deny this application to: 1. Meet Policy 6.3 Protect and restore tidal and freshwater wetlands. 2. Provide consistency in the management of high value wetland systems. 3. Protect the purpose of the Dam Pond Maritime Reserve recently renamed the Ruth Oliva Preserve at Dam Pond. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Enc. Cc: Lori Hulse, Assistant Town Attorney COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Designated: Date Revised: County: Town(s): 7½' Quadrangle(s): Orient Harbor March 15, 1987 May 15,2002 Suffolk Southold Orient, NY-CT; Greenport, NY Assessment Criteria Ecosystem Rarity (ER)--the uniqueness of the plant and animal community in the area and the physical, structural, and chemical features supporting this community. ER assessment: Moderately shallow open water bay area; common in Peconic Bays area, but rare on Long Island. Eelgrass beds ofstatewide significance. Species Vulnerability (SV)--the degree of vulnerability throughout its range in New York State of a species residing in the ecosystem or utilizing the ecosystem for its survival. SV assessment: Osprey (SC) nesting. Atlantic ridley turtle (E), green turtle (T), loggerhead turtle (T) occur in the ama. Calculation: 36 + (25/2) + (25/4) + (I 6/8) - Human Use (H U)- the conduct of significant, demonstrable commercial, recreational, or educational wildlife-related human uses, either consumptive or non-consumptive, in the area or directly dependent upon the area. HU assessment: Commemial bay scallop shellfishery is significant in the northeast region of the United States. Population Level (PL)--the concentration of a species in the area during its normal, recurring period of occurrence, regardless of the length of that period of occurrence. PL assessment: Concentrations of bay scallops significant in the northeast region of the United States; waterfowl concentrations significant between county and regional level. Replaceability (R)--ability to replace the area, either on or offsite, with an equivalent replacement for the same fish and wildlife and uses of those same fish and wildlife, for the same users of those fish and wildlife. R assessment: Irreplaceable. 64 56.75 25 25 1.2 Habitat Index = [ER + SV + HU + PL] = 170.75 Significance = HI x R = 204.9 Page 1 of 6 NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NARRATIVE ORIENT HARBOR LOCATION AND DESCRIPTION OF HABITAT: Orient Harbor is located near the eastern end of the north fork of Long Island, in the Town of Southold, Suffolk County (7.5' Quadrangles: Orient, NY-CT; and Greenport, NY). This area is approximately 1900 acres in size, consisting primarily of open water ama in the harbor, along with an undeveloped tidal wetland area and Dam Pond area on its north shorn. Water depths in most of the harbor are generally less than 20 feet below mean low water. The harbor is bordered by much undeveloped land, including Orient Beach State Park to the east and south, and low density residential development on the west. FISH AND WILDLIFE VALUES: Orient Harbor is generally representative of the Peconic Bays ecosystem, in being a broad expanse of moderately shallow water. This habitat type is unlike the very shallow bays on the south shore of Long Island or the relatively narrow bays on the north shore. The tidal wetlands area adjoining Orient Harbor are an important component of this ecosystem, contributing to the biological productivity of the area. The Harbor supports extensive, healthy eelgrass beds, of statewide importance. Orient Harbor is an important habitat for a variety offish and wildlife species. From November through March, Orient Harbor supports wintering waterfowl concentrations of regional significance. Mid-winter aerial surveys of waterfowl abundance for the ten year period 1975-1984 indicate average concentrations of over 500 birds in the area each year (1,825 in peak year); for the 1986-1996 period the annual average concentration of birds was almost 200 (354 in peak year). Species observed included American black duck, mallard, mute swan, merganser, scaup, goldeneye, buffiehead, oldsquaw, and Canada goose. Orient Harbor is also inhabited by several nesting pairs of osprey (SC) during the breeding season, which utilize man-made nesting platforms located in the salt marsh north of the harbor. The potential exists for additional nesting pairs at this site. Diamondback terrapin have been observed here but the extent to which the area is used by this species is not adequately documented. This area may also provide important breeding habitat for horseshoe crab, but additional documentation is required. Orient Harbor is a productive habitat for marine finfish and shellfish. A 1996 Peconic Estuary Program study found extensive eelgrass beds fringing Orient Harbor, supporting abundant bay scallop populations. This area is one of the top scallop producing areas on Long Island, supporting a commercial shellfishery significant in the northeast region of the United States. Between May 15 and October 31, an administrative closure for shellfishing is in effect for the area immediately north of the Orient Yacht Club. Page 2 of 6 The harbor also serves as a nursery and feeding area (from April-November, generally) for many estuarine fish species, and is an important spawning area for weakfish, winter flounder, and scup. Recent research has shown that this general area may be an important summer feeding and nursery area for juvenile Atlantic ridley sea turtle (E). Atlantic ridley, green (T), and loggerhead (T) turtles have all been documented in this habitat. IMPACT ASSESSMENT: Any activity that would substantially degrade water quality in Orient Harbor would affect the biological productivity of this area. All species offish and wildlife would be adversely affected by water pollution, such as chemical contamination (including food chain effects resulting from bioaccumulation), oil spills, excessive turbidity or sedimentation, stormwater or mad runoff, and waste disposal (including boat wastes). It is essential that high water quality be maintained in the area to protect the bay scallop fishery. Unrestricted use of motorized vessels including personal watemraft in the protected, shallow waters of bays, harbors, and tidal creeks can have adveme effects on aquatic vegetation and fish and wildlife populations. Use of motorized vessels should be controlled (e.g., no wake zones, speed zones, zones of exclusion) in and adjacent to shallow waters and vegetated wetlands. Thermal discharges, depending on time of year, may have variable effects on use of the area by marine species and wintering waterfowl. Installation and operation of water intakes could have a significant impact on juvenile (and adult, in some cases) fish concentrations, through impingement or entrainment. Construction of shoreline structures, such as docks, piers, bulkheads, or revetments, in areas not previously disturbed by development (e.g., natural beach or salt marsh), may result in the loss of productive areas which support the fish and wildlife resources of Orient Harbor. Alternative strategies for the protection of shoreline property should be examined, including innovative, vegetation-based approaches. Control ofinvasive nuisance plant species, through a variety of means, may improve fish and wildlife species use of the area and enhance overall wetland values. Docks may be detrimental to nearshore eelgrass beds because of shading, and review of proposed new docks in Orient Harbor should be conducted with these potential impacts to eelgrass beds in mind. Restoration opportunities for eelgrass may exist in the bay if water quality parameters are appropriate, and should be explored. Page 3 of 6 KNOWLEDGEABLE CONTACTS: Habitat Unit NYS Department of State Division of Coastal Resources 41 State Street Albany, NY 12231 Phone: (518) 474-6000 NYSDEC--Region 1 State University of New York, Building 40 Stony Brook, NY 11790-2356 Phone: (631) 444-0354 Bureau of Marine Resources NYSDEC 205 N. Belle Meade Road, Suite I East Setauket, NY 11733 Phone: (63 I) 444-0430 Finfish and Crustaceans NYSDEC 205 N. Belle Meade Road, Suite 1 East Setauket, NY 11733 Phone: (631)444-0436 Town of Southold Town Hall 53095 Main Road; P.O. Box 1179 Southold, NY 11971 Phone: (631) 765-1801 Office of Ecology Suffolk County Dept. of Health Services Bureau of Environmental Management County Center Riverhead, NY 11901 Phone: (631) 852-2077 NYS Sea Grant Extension Service Comell University Laboratory 3905 Sound Avenue Riverhead, NY 11901 Phone: (631) 727-3910 Page 4 of 6 Comell Cooperative Extension Marine Program 3690 Cedar Beach Road Southold, NY 11971 Phone: (63 I) 852-8660 Paul Stoutenburgh 4015 Skunk Lane Cutchogue, NY 11935 Phone: (631 ) 734-6605 Page 5 of 6 Significant Coastal Fish and Wildlife Habitats 'Town bf Southold A. INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM 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. *Except minor exempt actions including Building 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" 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 ~lained in detailboth su and non- su~mortine facts. If an action cannot be certified as consistent with the LWRP ' standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online (southoldtown.northfork.net), the Board of Trustees Office, the PI~ libraries and the Town Clerk's office. B. DESCRIPTION OF ACTION SCTM# 23 1 _6.1 PROJECT NAME Frederick de la Veg. The Application has been submitted to (check appropriate res Town Board ~] PlannJ ird~] BuildiugDe Category of Town of l tppropriate response): of Southold's website all local [ OCT 2 4 2012 Board of Trustees (a) Action ~ by Town ' (e.g. capital [--] construction, planning land transaction) (b) Financial assistance (e.g. loan, (c) Permit, approval, Nature and extent of action: Construct a fixed timber dock equipped with water and electricity and consisting of a 4' x 95' fixed, elevated walkway, a 3' x 14' hinged ramp; and a 6' x 20' float secured by (2) 6" diameter pilings, all as depicted on the project plan prepared by En-Consultants, dated October 23, 2012. Location of action: 15437 Route 25, East Marion Site acreage: 3.19 Acres Present land use: Residential, single-family dwelling Present zoning classification: R-80 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: Frederick de la Vega & Lawrence Higgins (b) Mailing address: 344 West 23rd Street, #PHB New York, NY 10011 (c) Telephone number: Area Code 917-912-4084 (d) Application number, if any:. Will the actionX~Ril~ require flair approval by a state or federal agency? Yes [~ No [~ If yes, which state or federal agency?NYS DEC & USA COE C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide ali 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 III - Policies; Page 2 for evaluation criteria. NYes ~ 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 ~ Not Applicable 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 ~ Yes ~-] No ~ Not Applicable The project will be consistent with Policy 3, as the dock will be located along the developed shoreline of DamPond, which is characterized by other similarly constructed docks. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section Ill - Policies Pages 8 through 16 for evaluation criteria ~-~ 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 To the extent that Policy 5 is applicable to the project, the proposed dock will be consistent because it will be constructed with untreated decking, as required by chapter 275. 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 The pr, oject consists of construction of a fixed timber dock similar to othem located along the developed shoreline of Dam Pond and will not cause any fi'agmentation of ecological communities. The most landward portion oft.he fred catwalk will be constructed within the limits of an existing foot path leading to the water and the dock and will traverse the narrowest portion of vegetated tidal wetlands on the property; the terminal float will be located at least 15' offthe westerly side property line; the dock will intrude less than 25% into Dam Pond at mean lower low water; and decking will be untreated as required by code, thus minimizing or preventing any physical loss, degradation, or functional loss of ecological components. Therefore, the project will be consistent with Policy 6, and the statutory and regulatory requirements of the New York State Tidal Wetlands Act and Chapter 275 oftbe Town Code. 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 II1 - 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 Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes [--] No[--] Not Applicable The proposed dock will be located entirely over and within the limits of privately owned tmderwater land and would thus not interfere with any public access along the shoreline, as no such public access exists at this site. With respect to public navigation through the waters of Dam Pond, the proposed dock would intrude less than 1/3 the width of the waterway and would not interfere with navigation. Attach additional sheets if necessary WORKING COAST POLICIES Poli~y 10. Protect $outhold's water-dependent uses and promote siting of new water-dependent suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. ~] Yes ~] No [~ Not Applicable uses in 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 III - 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 III - Policies; Pages 65 through 68 for evaluation criteria. l-1 Yes [--I No Not Applicable PREPARED BY ~ ROBERT'E. HERRMANN TITLEcoAsTAL MGMT SPECIALIST DATE 10/23/12 Amended on 8/1/05 DA&[ POND t ~ ~/'60~ 5~ ~ 51~Cf 1~O~IL~Y) OCT 2 4 2012 · EN-CONSULTANTS 1319 NORTH SEA RD. SOUTHAMPTON, N.Y. 11968 631-233-6360 PROPOCP POCK FOR P~ITCRICK PP. LA VP. dA RiP LAVVI~.NC~ HlddlN5 ON PAM PONP, I~ASf MARION, ¢LIPPOLK COUNTY, NY f:~r:::fl DP 2 10-:2~-12 , L OCT = 4 2012 .' EN-CONSULTA~TS 13i9 NORTH SEA RD. SOUTHAk~PTON, N.~ 1196~ 631-283-6360 S.C.T.M.# DISTRICT 1000 SECTION 23 ~ 0CT 2 4 2012 BLOCK UPLAND LOT AREA 43,052 SQ.FT. or 0.95 ACRES DAM POND. WETLAND & COASTAL EROSION AREA 96,285 SQ.FT. or 2.21 ACRES TOTAL LOT AREA 139,337 SQ.FT. or 3.19 ACRES LOT COVERAGE: EXISTING DWELLING W/DECKS, PATIO CANTILEVER AND APRON. 2,890 SO.FT. or 6.71% POOL & PATIO AREA 2,745 SO.FT. or 6.37V. INCL. FRONT WALK & RET. WALLS TOTAL COVERAGE 5,635 SQ.FT. or 13.08% (PERCENTAGE CALCULATED USING UPLAND AREA ONLY 43,052 SQ.FI.) MATCH LINE © MAIN (S.R. 25)ROAD MATCH LINE ASBUILT FOR SWIMMING POOL 10-01 12 UPDATE SURVEY 12--15 11 ADD PROPOSED POOL/PATIO 12-06 11 REVISED 10' CONTOUR LOCA~ON 12-03-11 CORRECT EASTERLY LOT DIMENSION 07-14 11 REVISED SURVEY 06 01--11 c3 c)0 0 51' SURVEY Oh DESCRIBED PROPER~h' MAP OF: FILED: s~ro^~D AT- EAST MARION mw~ OF: SOUTHOLD SUFFOLK COUNTY, NEW YORK CER.qFIED TO: FREDERICK de la VEGA; LAWRENCE HIGGINS; FIDELI~( NATIONAL TITLE; MERILL LYNCH CREDIT CORP.; (ACCESORS/ASSIGNES FILE~ 11 54 SCALE- 1":40' 8ATE:MAY 19, 2011