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HomeMy WebLinkAbout1000-59.-5-8.1 A OFFICE LOCATION: ®��OF soUTy®l MAILING ADDRESS: Town Hall Annex ® P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 ® yp� Telephone: 631 765-1938 �ly�OUNTY,�� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date: July 17, 2017 Re: Local Waterfront Revitalization Program Coastal Consistency Review for ELLEN HERMAN SCTM# 1000-59-5-8.1 Michael Kimack on behalf of ELLEN HERMAN requests a Wetland Permit to construct a 3'x10' walkway using Thru-Flow decking, pressure treated framing, and four(4) pressure treated 4"x4" support piles attached to a 4'xl6' fixed dock using Thru-Flow decking, pressure treated framing, and six (6) 4"x4" locust pilings. Located: 1655 Lake Drive, Southold. SCTM# 1000-59-5-8.1 Great Pond is owned by the County and is used by paddlers and small sailboats during the summer months and, sometimes, for ice skating during the winter. The waterbody is a unique natural and recreational resource that provides benefits including open space, habitat for fish and wildlife, water quality enhancement, flooding and erosion protection, scenic value, recreational and environmental opportunities. The Town recognizes the ecological , economic and aesthetic values of Great Pond. 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 denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. 6.1 Protect and restore ecological quality throughout the Town of Southold. The use and need for the dock is unsubstantiated to launch manual powered watercraft (kayaks, canoes). The installation of the proposed structures may promote electric boat traffic and the possible following negative impacts may occur: 1. Impacts to submerged aquatic vegetation, 2. Re-suspension of bottom sediments and turbidity Note § 96-17: Internal-combustion engines; mufflers of the Southold Code prohibits boats propelled by an internal-combustion engine to be operated on Great Pond. 6.2 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. Great Pond's natural environment is the home to a multitude of plants and animals. Activities and structures along the shoreline can potential damage these organisms their habitats and the complex food webs that support them. When structures such as docks continue to grow in number and size, there can be an adverse impact on the near-shore ecology. Structures on lakes, such as docks can have direct and indirect cumulative impacts on these sensitive habitats. The increasing number of docks along the shoreline of Great Pond has the potential to degrade sensitive freshwater habitat by making changes to the bottomland and water column as well as shading vegetation. During dock construction— activities along the shore may cause sediment and contaminants to enter the water column where they may interfere with rearing fish and fish food items such as insects plankton and algae. Shading by improperly designed docks and floats may reduce or eliminate the growth of aquatic vegetation an integral part of the lake food web. Chapter 275 prohibits the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA"), commercial copper quat (CCQ), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. In sensitive areas leaching from other sections of dock structures treated with these pesticides/preservatives could also result in adverse impacts. Pesticides/preservatives from treated wood may seep into the water and sediments around docks and may cause lake sediments to become polluted and bioaccumulation in aquatic organisms. 6.3 Protect and restore tidal and freshwater wetlands. A. 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. 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: [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shell fishing, waterskiing and other water-dependant activities, It is unknown how far into the waterbody (extending past the phragmite) the dock will extend. [5] Whether the dock will cause degradation of surface water quality and natural resources, The dock structures is proposed to be constructed with the use of pressure treated wood. It is unknown if what chemical is included within the treatment. The construction methods of the dock have not been provided. [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats, See above comment. Permanent, private dock structures impact habitat. [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, sea grasses including eelgrass (Zosters marina) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed, [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [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 See above comments [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. 9.4 Assure public access to public trust lands and navigable waters. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative. C. by extent and characteristics of the developable adjacent upland area and its ability to support in-water development for the water- dependent use. The adjacent upland area is a single family home. The proposal for a permanent dock to access the water for the launching of manual powered watercraft (kayaks) is not necessary for the operation of the watercraft. These types of craft require little water depth to operate within. Consider a temporary, seasonal , plank access system. C. by potential adverse effects on natural resources and their uses, and See above comments d. by potential adverse effects on public safety. It is not expected that the dock will affect public safety. The proposed action is private and noncommercial and will not support a pattern of development that enhances community character nor preserves "public" access or public recreational activities. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. C. Foster the occurrence and abundance of the Town's marine resources through: 1. protection of spawning grounds, habitats, and water quality, Habitat fragmentation could result in a net loss of fish and wildlife habitat essential for spawning fish such as Largemouth bass (Micropterus salmoldes). There are only a few docks on Great Pond and because of the size and nature of this body of water the potential cumulative impact associated with the build out of docks on the shoreline would adversely impact the water body l Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. " At JAI SEL I _ "WR -- . I - 6, A I ! I �• II v E - . MAY 2 3 2017 � ��s� _ v�- Y —G2 ux LL s WA - _=,-�p�� ' /4/� Southold Torn I Board of Trus ees -- J — -, hc,E 0-Doe ----- --- - - Town of Southold GC. tea JUL ® 2011 LWRP CONSISTENCY%ASSESSMENT FORM Southold Town Planning Board A. INSTRUCTIONS 1. 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. 2. 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 pi_pgg: act-10A will ,be=:ev`aluated-as to its• significant bciiaficial aria ndvei se,dk*W-on thecoastal area >whicls:includesall.of`"outheld Town 3; 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 a "laig6din €letat1 lrstiii krtth §u qrtiii rind oqq-! 0orting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it:;fl al hotbeundertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#_ 9 PROJECT NAME The Application has been submitted to (check,appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑- Board of Trustees 1. 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) r (b) Financial assistance(e.g. grant,loan,subsidy) (c) Permit, approval,license,certification: Nature and extent of action: ['0//!7R(/C/",4 .3 x/D 'W4 4&W,/9yO lsl64uXP44iUI � � � ? � � . TCW�srT � /vis i 7'"D 4 x�6 �x �oQ CI-1- ( 641 , �QV o .1/� -4�rx q ui ply/NGS OF� �J CUST 1 F Location of action:, Z6-5,3— Z _ Site acreage: y� 8 Present land use: /Q��'�� /f/ -AZ Present-zoning classification: AZ- 2. 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: 4Z4� (b) Mailing address: --'Y ��,J' /Q ,T _/( �• z (c) Telephone number: Area Code O -1/19 90 - -�--ZOf (d) Application number,if any: Will theactionaction be directly undertaken,require funding, or approval by a state or federal agency? Yes U Nog If yes, which state or federal.agenoy'_ C. Evaluate the project to the following policies b analyzing how the project will further support or P J gP Y Y g P J PP 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. 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. ❑Yes ❑ No,� Not Applicable AZZ�2,Qa6& AVo,r L o_G42ZO-_ 9 Co.�rruy.�, Ti ,�Cz 6,PoJ C7- ZW9A M Q 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 M 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 YesNo Not Applicable O D .4it> GUi�LLUi� GU�LG "-rM O -1` S M O 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 III—Policies Pages 8 through 16 for evaluation criteria Q Yes .E] 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 YesE] No ZNot Applicable 1 Attach additional sheets if necessary--- Policy ecessaryPolicy 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. El 1-1 ;K Yes No Not Applicable O1V L/ 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:O Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastW es. See LRP Section III—Policies; Pages 34 through 38 for evaluation criteria. U.Yes .[] No 10 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. YeO Nol'S71 Not Applicable 41 C CC S Attach 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 � 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. n Yes D No Not Applicable r c - C 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 n Nox Not Applicable IV 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 9 PREPARED BY ,��/''�IA CSG TITLE CZ i(l, � DATE.•.V_ �40W � pp n 11 AI Y 11 ia- (1)ellie Herman Taken May 13,2017 Looking East .M, f ♦1 �r q .. .. tea. ai ; § (2)Ellie Herman :,4* � .� �, Taken May 13,2017 Looking SE f' 1� � Gam- - ��.- -- . ' -`{. • v rr a yam, r �•`_ ,.t ,. s,- -- f c _ r ..rip e� - d'-- '� _ � • ` d � 4♦� w i kir �i d r � R F1d61iCY Notional hIa fnrrucenea 6}Cviaoo LGO.'�, ,,<���i ��, � C�y,` P I .......... 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Wells Fargo Bank, N.A. Tj 70 O ti '' y 'P 0 1 Q/ STONE DRIV wALK �� stip�T EINAY 0% SQ 9 O 4/o ' v 7 0 \ °/ cy r� 2 2 , cFo�o�F°R�o /c� °F 70 00 1� °", 41- Oe, �° f� ' ; irk &A[ _J/ M AY 2 3 2017 SnWhold Town t " -rd,,) Trliste�s _1 NOTES � ..Unauthorized alteration or addition to o survey 0 PIPE FOUND ®� A��vY map bearing a licensed land surveyors seal is a JOHN C. E H LE R5 LAND 5 U RVEYO R 9F3 �,alal,an of section 72or sub-division Education z, of the —p— STOCKADE FENCE New York State Education Low" G°EH< �® "Only copies from the original ofthis survey marked with an original of the land surveyor's stomped seal shall be considered to be valid true copies- G EAST MAIN STREET N.Y.S. LIC. NO. 50202 "Cert dicot ions indicated hereon signify that this survArea = 1G,93 I sa. Ft. RIVERHEAD N.Y. 1 1901 3G9-8288 Fax 3G9-8287 AA sting was prepared m or Land S with the ted ,'1 Islmq Code of Practice for Land Surveys adopted b the New York State Assocwlion of Professional Area = 0.3557 Acres <�� 0� Land Surveyors Said certifications shall run only Ion 1slandland5urve or.com F o the person far whom the survey is prepared, u_ i and on his behalf to the title company, vernmen– GRAPIIIC SCALE I 30 9 tis 5020 P y g° :ol agency and lending Institution listed hereon, and Fp LAND Sv o the assignees of the lending institutionCerUfico- 14-149 Mons are not transferable to additional insldutions