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HomeMy WebLinkAbout1000-93.-1-3 OFFICE LOCATION: SO MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) cis ® �p� Telephone: 631 765-1938 Southold, NY 11971 COWN, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date: September 19, 2017 Re: LWRP Coastal Consistency Review for of NICHOLAS & GEORGIA NOTIAS SCTM# 1000-93-1-3 Costello Marine Contracting Corp. on behalf of NICHOLAS & GEORGIA NOTIAS request a Wetland Permit to construct a dock consisting of a 4'x40' fixed landward ramp up onto a 4'x150' level dock; construct two 4'x40' lower platforms at offshore end of dock; install four (4) 10" diameter mooring pilings; install water piping and electric conduit to offshore end of dock; and to construct a 4'x20' walkway/ramp over dune. Located: 450 Paradise Point Road, Southold. SCTM# 1000-93-1-3 The project is located in Shelter Island Sound a waterbody within the Peconic Bay Estuary; A National Estuary. 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 190' long dock structure extending into Shelter Island Sound is INCONSISTENT with the below Policy Standards and therefore is INCONSISTENT with the LWRP. 6.1. Protect and restore ecological quality throughout the Town of Southold. Although the ecological complexes and individual habitats of Southold continue to support large assemblages of plants and animals, over time, human activity has fragmented, or otherwise impaired many of the significant habitats. The impacts that generally result from the construction of dock structures in the Peconic Bay include: Vegetation (Physical Loss) • Structure placement • Construction practices (jetting) • Chronic shading Wildlife (Physical and Functional loss) • Loss and/or impairment of habitat • Disruption of habits and migration patterns (structure and activity) • Introduction of harmful contaminants (treated woods) CCA treated material is proposed for the piling and other features of the dock. Bioaccumulation of the pesticide within marine animals has been shown to occur. Treated wood will introduce harmful contaminants into the waterbody. 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. The policy states: The Town of Southold has numerous access points to its shoreline and waterfront recreation facilities. The main objective of the Town is to improve these facilities, providing increased public access to the shoreline and waterfront recreation facilities for residents and visitors. Southold's shoreline has the potential to offer a continuous right of access along the shore. Given the increase in shoreline development, the opportunity to walk the shoreline of the Peconic Estuary is a valuable public asset. It remains, however, an unrealized asset because the right of continuous access is useless without the ability to get to the shore and, once on the shore, to walk unfettered. As noted earlier, there are stretches of Southold's shoreline where the public's rights in the foreshore have been constrained, and sometimes precluded, by the design and nature of private residential development. This is a major public policy concern. Small private docks in,coastal areas occupy public waters and extend across lands where the public has certain rights of access and usage. Therefore, all docks, extending out into a public water body adversely affect the public use and access along the foreshore and nearshore areas of such water bodies. Public access along the foreshore and Town waters has been identified as one of the most important liberties within the Town. Similarly, the legal use of New York's beaches, tidelands, and lands underwater is defined by the Public Trust doctrine which holds that the public has certain rights of access along the shore, typically for fishing, shellfishing, and navigation. Under the public trust doctrine, the foreshore and underwater lands are held in trust by the state or local government for the benefit of the public. These rights of access must generally be balanced against the riparian rights of landowners adjacent to the water's edge. Riparian rights of waterfront property owners mandate that they have access to the adjacent waterbody. This does not however, necessarily authorize a dock that extends into public waters or across lands where public trust rights exist. The Courts have found that the requirement for riparian access may be met by the establishment of a dinghy or canoe launching area—with no structure (NOAA 2008). An offshore mooring would also gain pubic access to public waters. Throughout the Town a total of 303+ public and quasi-public access points have been established to allow for access to the foreshore and navigable waters. These access points include, boat launch facilities, road ends, managed parks and Town owned properties. A boat launch and public beach are located to the south of the property. 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. Use the following factors in assessing potential adverse impact. 1. environmental impact, The proposed 190' foot long dock structure would be susceptible to storm damage and /or ice damage due to the exposure and fetch of the waterbody. The disposal of sanitary waste onboard the vessel has not been identified. 2. values for natural resource management, public recreation, and commerce, The values of the Peconic Bay and Evirons are high. The application does not discuss potential impacts to natural resources, public recreation or commerce (including aquaculture) for the action. 3. size, character, and effect of the transfer in relation to neighboring uses, The proposed dock appears to be similar in size to an existing dock structure located to the west. The existing docks were constructed prior to the adoption of the LWRP. 4. potential for interference with navigation, public uses of waterway, and riparian rights, The private 190 foot long dock structure would impede navigation of vessels (public use of public waters) along the nearshore. Vessels would be forced to operate around the dock structure or seaward of the dock structure. 5. effect of the transfer of interest on the natural resources associated with the lands, The construction of a dock structure in public waters removes and or hinders the public use waters and bottomlands of where the dock structure is located. The natural resources transferred from the construction of a permanent, private dock structure would be included in the area that the dock occupies. The recreational and commercial use of these natural resources would be extinguished in some instances. 6. water-dependent nature of use, The private residential use is not water dependent, however, recreational boating requires water access (e.g. mooring, public boat ramp). A mooring could be established off this location. Moorings can be designed to mitigate harmful impacts and are temporary. 7. adverse economic impact on existing commercial enterprises, The private 190 foot long dock structure would remove the area occupied by the dock structure and vessel from public use including commercial uses that occur in Peconic Bay. 8. consistency with the public interest for purposes of navigation and commerce, fishing, bathing, and access to navigable waters and the need of the owners of private property to safeguard development. The proposed private, dock structure in this location would extend into public waters resulting in a net decrease in public access to public underwater lands and the nearshore area. A public beach and boat ramp is located to the south of the parcel. Impediments to the use of the areas could occur as a result of the construction of a private, dock structure. 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 frust 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. Private dock structures extending into public trust lands and waters obstruct public use of navigable waters and other public use in the area where the dock is located and does not meet this policy. 3. Obstruction of navigable waters and underwater lands is limited.- Boat imited.Boat travel in coastal waters is a public right established through the commerce clause of the U.S. Constitution which gives the Congress regulatory power over navigable waters—an authority that has been delegated to the U.S. Army Corps of Engineers (USACOE). The USACOE identifies typical impacts to navigation due to small docks as: i. Extension into designated federal navigation projects or traditional navigation passages through the waterways. This impact is particularly important in Peconic Estuary which contains shallow areas and narrow navigable channels. Small watercraft navigate all areas of Peconic Bay including along the nearshore. ii. Federal navigation projects occur on waterways where taxpayer dollars have been invested to create or maintain a designated channel, turning basin, or anchorage. iii. There are instances where a proposed dock would not affect a designated navigable channel or a federal navigation project, but could adversely affect passage by paddle craft (e.g., canoes and kayaks) through traditional passageways along the shore. In some situations, a dock may force small paddle craft into the dangerous situation of entering a channel (or open water) utilized by larger, powered boats. For safety's sake, the smaller craft typically remain close to the shore—the same portion of the waterway where docks are generally proposed and constructed. iv. In some instances, the design of the dock (e.g., its height over the water or structures at the water end) may impede safe navigation by obstructing views along the waterway. Structures may obscure oncoming boat traffic or boats leaving docks and navigation aids. v. Private docks constructed too close to existing public or private docks or boat landings may impede safe navigation to, and use of, those existing facilities. Boats need room to maneuver around docks; the amount of room necessary is dependent on the size, configuration, and powering mechanism of the boats (i.e., size of engine; sail versus engine powered, etc.) Docks that are too close together may lead to difficulties in launching or landing vessels. a. to the extent that it interferes with commercial navigation. The right of commercial navigation is superior to all other uses on navigable waters and may not be obstructed. The proposed use is recreational and could hinder commercial navigation (bayman) of the area. b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the use's dependence on access to navigable waters, The use is a private residence. Numerous facilities are available throughout Town to promote access for recreational boating. (ii) the range of tidal water level fluctuation, (iii) the size and nature of the body of water, Due to the size and fetch of the Peconic Bay, small watercraft navigate the waters close to the shoreline for safety. Docks in the bay impede this ability by forcing small watercraft to navigate around the dock structure. (iv) the nature of public use of the adjacent waters, Another consequence from private, residential docks is the potential of obstruction of navigation. Town regulations prohibit the obstruction of marked navigation channels and require a one-third rule for creeks and harbors. For boaters with engines, this prohibition fits their needs since the safe operation of these vessels could require the use of the channels for navigation. However, for self - propelled vessels and small watercraft which use is not limited to navigation channels, docks are an impediment, often forcing these vessels to navigate around the structure or seaward of the dock line. This forced navigation restriction potentially puts the users of these vessels at risk. Similarly, dock structures limit the ability of sailing vessels to use the nearshore area by impeding the ability to navigate the nearshore area. (v) the traditional means of access used by surrounding similar uses, The traditional use of the waters included free and unobstructed access to the nearshore for commercial uses and recreation by the public (vi) whether or not alternative means to gain access are available. 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. c. by extent and characteristics of the developable adjacent upland area and its ability to support in-water development for the water-dependent use. d. by potential adverse effects on natural resources and their uses, and The potential impacts to natural resources has not been thoroughly discussed in the application. e. by potential adverse effects on public safety. See above comments. Alternatives to permanent, private, docks structures in Peconic Bay include using public access point throughout Town, mooring of boats in safe areas and docking of vessels in nearby marinas. A launching ramp and Suffolk County public bathing beach is located to the south of the parcel. Waterfront access is currently available for the launching and use of watercraft in close proximity to the parcel. Further the applicant has not demonstrated that the following dock standards pursuant to § 275- 11. Construction and operation standards have been met not meeting policy 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 (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; The proposed dock is 190 feet in length. 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. [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 application does not discuss the potential impediments/impacts regarding public access. [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; The application does not discuss the potential impacts regarding public access. [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock, The application does not discuss the potential impacts. [5] Whether the dock will cause degradation of surface water quality and natural resources; The application does not discuss the potential impacts to natural resources and water quality. The construction method has not been identified. [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; The application does not discuss the potential impacts to the Peconic Bay and Environs. [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 application does not discuss cumulative impacts to the Peconic Bay and Environs. [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 application does not assess whether adequate facilities are available to a potential vessel. 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: William Duffy, Town Attorney D E C E � V E Town of Southold AUG ® 7 2017 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 proposed action will be evaluated. as to its siuig ficant 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" 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 explauiM in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. 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. `� r B. DESCRIPTION OF SITE AND PROPOSED ACTION 7t SCTM# 93 - 1 3 � PROJECT NAME NOTIAS-PROPOSED DOCK 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) ❑ (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: Construct a 4'x40'ramp up onto a 4'x1 SO'level dock Construct two 41x40'lower platforms at offshore end of dock Install two mooring piling. Install water piping and electric conduit to offshore end of the dock Construct a 5'x 20'ramp over dune. Location of action:450 PARADISE POINT ROAD,SOUTHOLD Site acreage: Z5887ACRES Present land use: RESIDENTIAL Present zoning classification:R-40 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:NICHOLAS& GEORGIA NOTIAS (b) Mailing address: 31-15 SHORE ROAD DOUGLASTON,NY 11363 (c) Telephone number: Area Code( )917 335.5131 (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?DEC.DOS, USA CE C. Evaluate the project to the following policies by analyzing how the project will further support or 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. 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. ©Yes ❑ No ❑ Not Applicable This is a residential waterfrontproperty that will benefit by the proposed dock structure. The property owner and family will be able to increase their ability to engage in water-dependent activities such as boating, water-skiing,fishing while safely securing their boat at this location. The proposal is consistent and reasonable for this area. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LNW Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No 91 Not Applicable Our proposal will have no influence on the historic and archaeological resources of the Town of Southold. 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 0 Yes ❑ No ❑ Not Applicable The proposed dock structure is designed to be consistent with the approved adjacent dock structures. The structure will not degrade visual quality., There is limited vegetation in the area of the proposed dock. There will be no significant disturbance to the natural appearance of the area. There will not be light sources on the dock that would interrupt the visual quality of the area. Auacn aaaiuonm auccw it ncccasary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages S through 16 for evaluation criteria F1 Yes F] No ® Not Applicable The proposed dock structure is not considered a shoreline hardening structure and will not influence erosion or flooding of natural resources. 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 7 Not Analicable The proposed dock structure will not produce point source or non point source pollution. There will be no potential sources of groundwater contamination or potable water in the Town. The construction of a dock structure will not influence any sediment contamination or introducepoint source discharges that would adversely affect water quality. 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. F]Yes ❑✓ No ❑Not Applicable During the construction of the proposed dock, the underwater lands will be disturbed during the installation of the support piling. Once the piling are installed, the area will immediately recover. The dock will not produce any long-term negative affects on the coastal environment.All Best Management Practices will be adhered to so that construction debris will not enter the water. Construction will not be staged and materials will not be stored in environmentally sensitive areas. 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 Our proposal will not have any influence of the air quality in the Town 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 III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Our proposal will not have any influence on the environmental degradation in the Town ofSouthold from solid waste or hazardous substances and wastes 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. n` © WE] No❑ Not Applicable The public will be able to continue to walk along the beach without any obstruction. The proposed dock will not extend further seaward than the neighboring dock. It will be constructed within the existing dock line. 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 The proposed dock structure will enhance the upland property owners ability to engage in water-dependent activities such as water-skiing, boating, and fishing. The structure will provide a safe berth for the homeowner to keep her boat and provide direct access to these water-dependent activities. 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 The proposed structure will not contribute to loss of vegetative wetlands since there is limited vegetation at this location. The dock was design so that there is significant water depth at all tidal ranges to prevent any unnecessary disturbances to the benthic community. 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 Our proposal will not have any influence on agricultural lands in the Town of 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 Our proposal will not influence the use and development of energy, and mineral resources. 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