The URL can be used to link to this page

Home My WebLink About1000-130 OFFICE LOCA~ ON: Town HaH Annex 54375 State Route 25 cor, Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT RE¥1TALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To; From: James King, President Town of Southold Board of Trustees Mark Terry, Principal Planner LWRP Coordinator Date: July 10, 2007 Re: Request for Wetland Permit for American Museum of Natural History SCTM# 1000-130 AMERICAN MUSEUM OF NATURAL HISTORY requests a Wetland Permit to reconstruct out-of-kind existing 3' X 75' pier to 6' X 85', a 10' X 10' lower platform, two three-pile fender/tie-off dolphins and a removable 4' X 40' aluminum access ramp with pile supported hoist waterward of the apparent high water line. Located: North Shore of Great Gull Island. SCTM#1000-130. 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 CONSISTENT with the below Policy Standards and therefore is CONSISTENT with the LWRP; provided that the proposed action meets sub-policies 6.3 .and 9.4 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 pursnant 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; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adjaeent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetiands, seagrasses including eelgrass (Zostera 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; [lO] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [1 II 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 [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. It is recommended that the Board evaln~te whether the proposed dock will "extend .b.e¥ond the minimum necessary for access to navigable waters" to meet sub-poliov 9. I below. 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. Provide for free and unobstructed public use of al/ navigable waters below the line of mean nigh water for navigation~ recreation~ And other public trust purposes, includinu the incid~t~! rights of publi,' anchoring. Structures extending beyond the minimum necessary for access to navigable waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in the following circumstances: a. when necessazy for practical and convenient operation of water- dependent industry or commerce, and provided that obstruction of commercial navigation does not result. b. for commercial recreational boating facilities provided that: (i) the loss of navigablc waters and usc of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation docs not result. when the principal purpose of the structure is necessary: (i) to provide public access for recreational uses (ii) for improvements for navigation (iii) for protection Ii'om coastal hazards, or (iv) for essential public transportation and transmission facilities. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that arc subject to the Town of Sonthold 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 for 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 p~u-er of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitali~stion Program. A vrovosed 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thns~ eneh answer mint be gxplained in detail, listine both sunnortin~ and non-supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not bc undertaken. A copy of the LWRP is available in the following p!~_..~e at thc Town of Southold's weS ite ( outhoUtown.northfo k.net). Of, ce, the Pl, nins Depamnent, all local 1i .b.~,,~,aad.~he"~wa Clerk's Offi/~/~ ~ The Apidication has been submittal to~i ~"~heck O Board of Town Board Planning BoO,rd ,--~'7~. ~ Dept. Board of Trnstees _X. 1. Category of Town of Southold agency action (check appropriate response): a) Action undertaken directly to 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: X Nature and extent of action: Reconstruct on existing 3' (+/-) wide x 75 (+/-) LF pier to 6-tL wide x 85 {+/-) LF, a 10' x 10' low~ platform, two 3-pile fender / tie-off dolphins and removable 4' wide x 40' LF alumlmma access ramp waterward of the apparent high water line. Location of action: North side of Great Gull Island Site acreage: Parcel = 2.5 ac~es,Pier less than 1/10' acre Present Land use: Refuge Present Zoning Classification: Open Space 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: American Museum of Nateral History b) Mailing Address: 79th Street & Central Park West, NewYork, NY10024 e) Telephone number: Area Code (212) 769-5794 d) Application number, if any Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal Agency?. US ACOE NYS DEC Evaluate the project to the following policies by analyzing how the project will further support of 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 completio~ SEE ATTACHED NARRATIVE 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 coostal Ioration, and minimizes adverse effects of development. See LW'RP Section Ill - Policies; Page 2 for evaluation criteria. X Yes . No __ Not Applicable This dock facility construction proieet mnl~s appropriate use of an existing waterfront access dock'nit., and cure,ties with environmental design factors published by the NYS DEC, and the DOS Coagtnl Mana~t~ni Program, Southold Local Law No. 6, 2004 and the Southold LWRP. The pier will I'.', follow its existing Iong-smndlnE nli,,onmem but be mined to a 9-foot dock elevation above n,~. !o.. water. Piles and rails will be four feet above the deck. There will be no impairment of waterflow ct' navi~tation. Policy 2. Protect and preserve historic and arehacologieal resanrees of the Town of Southold, See LWRP Section HI - Policies Page 3 through 6 for evaluation criteria. Yes No X Not Applicable Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section !II - Policies Pages 6 through 7 for evaluation criteria __ Yes __ No X Not Applicable The proposed structure is rcconstraction of an existing pier in place and extending to shore. The only visual access affected by this proiect is the applicant's. The portion of the facility visible from the water from the east, west or north will look substantia!!¥ the same. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section IH - Policies Pages 8 through 16 for evaluation criteria. __ Yes __ No X Not Applicable The pier and float system is located in Long Island Sound and is acknowledged to be in a area; there is significant wave exposure at this site. The pier will be built to accommndate complet. submersion and resist hydrostatic uplift pressures du~ to flooding Bents will have battered bi~ci,,g and decking will be FlowThm type grating. Policy 5. Protect und improve water quality and suPply in the Town of Southold. See LWRP Section HI -Policies Pages 16 through 21 for evaluation criteria. Yes __ No X Not Applicable This project will nol have any affect on suitability of or availahiliw of drinking water on Great Gull Island. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Si~iflcant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section IH - Polici~; Pages 22 through 32 for evaluation criteria. X Yes __ No ~ Not Applicable -This project is consistent with this policy because it raises the elevation of the pier landing to an acceptable height above the bottom sediments. In addition tho NYS DEC prepared a study showing that - the pmpesed pressure-treated Southern Pine timber vroducts construction materials axe nnitahle for thi~ type of project in this location, except for decking which will bo of fiberql~s composite or plastic, or industrial grating. As mentioned earlier, the design parameters shown on the drawings provides an optimum balance between acceptable design and access slanderds and survivability. The pier encoura~as habitat enhancement although the wave dynamics at the site do not encourage vegetal/on to become established. 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 X Not Applicable There are no air quality issues related to this pmiect. No emin.ninn~s will be generated by the dock facility. Poficy 8. Mioimize 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 X Not Applicable There is no solid waste or baTardous substances to be genmated from this project. The pressure-treated wood trimmings from the dock construction will be collected and disposed of in accordar,-¢ with current regulations so as to minimize harmful affects as will any demolished pier components removed from the site. 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 $outhold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No X Not Applicable This project is being built on private land. Th~ public trust landn and waters constitutes the at~ between the mean hi~ water line and mean low water line and the resources are from the high tide Iin~ out. These environmental resources are being protgcted by the design Standard$ dict~t~ by the NY~ DEC. There is virtually no public use of the waterfront in this area and the reconstruction of the pier and landward extension above the apparent high water line are not likely to infh~_.nce or change this fact 4 - 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. X Yes __ No __ Not Applicable This ~reiect is to re-build and modify an existing wood pile and timber pier destroyed tiffs past year ,*nd install a new ramp onto existing shore landing point for wa~r-dependent transportation boating_ Thi~ usage is defined a~ water-dependent in the LWRP because the pier provides boat transvortation access to the mainland. The reconstruction part of the project is to replace a deteriorated structure; the extengion to shore is to provide continuity of access which can be hoisted clear of much of the dam .a~j'ng wave forces. Policy 11. Promote sustainable use of living marine resources in Long Island Sound the Peeonic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes No X Not Applieable This pier is not used for commercial fishing or shellfish indt~:ries or enterprises. Policy 12. Protect agricultural lands in the Town of Southoid. See LWRP Section HI - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable This pier is not used for or in support of any aericulturul or aquaculture industries or eroerprises. Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP Section Ili - Policies; pages 65 through 68 for evaluation criteria. Yes __ No X Not Applieable This pier is not used for or in sunoort of any energy or mineral minin~ or PREPARED BY: Keith B. Neilson, P.E. TITLE Agent DATE June 22, 2007 5 ~Z TIID~ DATA I~ TAICEN FP4DM TH~ 20(~7 NOAA ~ A I~tOVAE~L~ 4; ~/ID~ X 4OLF ,ALUMINUM ~I;~E.~T ~ULL ISLAND THE MUSEUM ~ NATUI~N_ HIDTOIL:~Y ~F-.AT C~JLL 15LAND, TOgvN ~" SoLrrHHOLD N FENDER E)~5~N(D ~ !..-ON(~ I.~L...~N[:D ~,OUND I I I I I I I I ~F_~T C~JLL IE, L~, TC~ o~ ~OUTHt-~ ~ C, OUNTY,