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Home My WebLink About1000-9.-9-27.4 OFFICE LOCATION: Town Hall 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 REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator~x Principal Planner Date: March 19, 2008 Proposed Permit to Wetland Permit for LINDA BORDEN SCTM#1000-9-9-27.4 LINDA BORDEN requests an Amendment to Permit #6290 to construct 4' wide stairs with a 4'X 4' landing, 20 lf. of 4' wide wood pile and timber pier and two 5' wide stairs from pier to beach and low step along side of pier. Located: Equestrian Ave., Fishers Island. SCTM#9-9-27.4 The proposed action has been reviewed to Chapter 95, 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 Fom~ submitted to this department, as ~vell 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. NOTE: that the Fisher's Island Harbor Management Plan (1997) identifies "the layout of in-water structures in Hay Harbor" as a significant concern. It is recommended that the Board address the concern in design. Due to the ~eography of Fishers Island, the transportation of residents to and from the mainland requires a water-dependent use and structures to support such use. The term Water-dependent use means a business or other activity which can only be conducted in~ on, over, or adiacent to a water body because such activity requires direct access to that water body, and which involves~ as an integral part of such activity, the use of the water. Existing uses should be maintained and enhanced where possible and appropriate. 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 I~ 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 traff~c or vessel congestion; [2] Whether the dock will unduly interfere with the public use of water~vays for swimming, boating, fishing, shellfishing, ~vaterskiing 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 adjacent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural resources; [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 wetlands, 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; [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 ~vaterway 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. To meet sub-policy 9.4 below~ it is recommended that the Board evaluate whether the proposed dock will "extend beyond the minimum necessary for access to navigable waters". 9.4 Assure public access to public trust lands and navigable waters. Provide accexs to, and reasonable recreational use of, navigable waters and public trust lands under water. 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 pnrposes~ including the incidental rights of public 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 necessary 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 navigable waters and use of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does not result. c. 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 fi-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. - Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southotd 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 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 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 si, .tmificant 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 explained 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. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 09- 9 - 27.4 PROJECT NAME: New Fixed Pier & Float (Linda Borden) The Application has been submitted to (check appropriate response): 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. Town Board Planning Board __ Building Dept. Board of Trustees 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: Construct 4-fi wide stairs with a 4' x 4' landing, 20 (+/-) LF of 4' wide wood pile and timber pier and two 5' wide stairs from pier to beach and low step alongside of pier. Location of action: Property off of Equestrian Avenue Site acreage: Parcel = 1.1 Acres Present Land use: Residential Present Zoning Classification: Residential 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: Linda Borden b) Mailing Address: 195 Cliffroad, Wellesley, MA 02481-1343 c) Telephone number: Area Code (631) 788-7088 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, wh/ch 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 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 HI - Policies; Page 2 for evaluation criteria. X Yes __ No __ Not Applicable This new pier and stairs makes appropriate use of an existing waterfront site and complies with environmental design factors published by the NYS DEC, and the DOS Coastal Management Program, Southold Local Law No. 6, 2004 and the Southold LWRP. The pier will be raised to a 4-foot deck height over the bottom sediments until passing the apparent mean tow water line, then ramp to the float. Piles and rails will be 42 inches above the deck. There will be no impairment of waterflow or navigation. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section HI - Policies Page 3 through 6 for evaluation criteria. __ Yes __ No X Not Applicable 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section HI - Policies Pages 6 through 7 for evaluation criteria __ Yes __ No X Not Applicable The proposed structure is a new pier and stairs. The only visual access affected by this proiect is at the applicant's site and immediate neighbors in this small cove which is surrounded by trees. The portion of the facility visible from the Anthony's or Chapoton's from the east will look substantially the same. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion, See LWRP Section HI - Policies Pages 8 through 16 for evaluation criteria. __ Yes __ No X Not Applicable The pier and stair system is located in Hay Harbor and is acknowledged to be in a flood-prone area; there is no wave exposure at this site. The pier will be designed to accommodate complete submersion and resist hydrostatic upli~ pressures dueto flooding. 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 X Not Applicable This project will not have any affect on suitability of or availabilit~ of drinking water on Fishers Island. 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. X Yes __ No -- Not Applicable 3 · This project is consistent with this policy because it proposes the elevation of the pier landing at an acceptable height above the bottom sediments through which adjacent tidal wetland~ may spread. In addition, the NYS DEC prepared a study showing that the proposed pressure-treated Southern Pine timber products construction materials are suitable for this type of project in this location, except for decking which will be of untreated woods or composite (or plastic) materials. As mentioned earlier, the design parameters shown on the drawings provides an optimum balance between acceptable design and access standards without depriving the wetlands vegetation the opportunity to spread. 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 proiect. No emissions will be generated by the dock facility. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section HI - Policies; Pages 34 through 38 for evaluation criteria. __ Yes __ No X Not Applicable There is no sohd waste or hazardous substances to be generated from this project. The pressure-treated wood trimmings from the dock construction will be collected and disposed of in accordance with current regulations so as to minimize any harmful affect. 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 Ill - Policies; Pages 38 through 46 for evaluati°n criteria. __ Yes __ No X Not Applicable This pro}ect is being built on private land. The public trust lands and waters constitutes the arm between the mean high water line and mean low water line and the resources are from the high fide line, out. These environmental resources are being protected by the design standards dictated by the NYS 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 influence or change this fact. 4 WORKING COAST POLICIES Polity' 20. Protect Southoid's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section HI - Policies; Pages 47 through 56 for evaluation criteria. X Yes No __ Not Applicable This proiect is to build a wood pile and timber pier and stairs for water-dependent, recreational and transportation boating. This usage is defined as water-dependent in the LWRP because the pier and float for recreational boating and prov/de boat transportation access to the mainland. The pier to shore is to provide access while protecting existing habitat. Policy Il. Promote sustainable use of living marine resources in Long Island Sound the Peconic Estuary and Town waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. Yes __ No X Not Applicable This pier is not used for commercial fishing or shellfish industries or enterprises. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section HI - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Th/s pier is not used for or in support of any agricultural or aquaculture industries or enterprises. Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP Section III -Policies; pages 65 through 68 for evaluation criteria. Yes __ No X Not Applicable This pier is not used for or in support of any energv or mineral mining or processing operations. PREPARED BY Keith B. Neitson, P.E. Docko, Inc. TITLE~ DATE February 2008 5 N ~ i,-:::? ;: TC:)NA/N oF:;: :' · ": ::? ? OV/~LL I I I I I~='vI~ED 4-21-,O~ L .':,:, 1. ELEVATION DATUM I.~ APPARENT LOW WATEA 2 "nDE DATA I.~ TA4CJEN ~ ~ NOAA TIDE TABL.E,.~ I~F:ERENCE: ~ILVER EEL FI~HEI~ I~LAND. 3. ~JEC'T D~l:q"iON: C, ON~TEUGT 4,--P"F ~V1DE .~T/NP,.~ WITH LANDINg;, 20,3..F OF 4-' WiDE WOOD ~LE .AND TIMBER I:~R AND 'P6/O 5' WIDE ST, NE5 F:I~M ~r.~ TO 15EACH ,AND ~ ~TEI::) ALOI'q~ !':: OF ?? ,:- 4. PROJECT :; ,:~; ,~ THIS I~ A PPJVATE DC:~K ~ P-JEGREATIONAL , ,; :' ~ A C.~M ~LAT1C:~I OF ~Uk~&~r'.~ ~ i~=RMrT ~, ~; '~, C,O~ DOCUMEI',,rT~. · :, :, t ::!:~. ADJOININ~ ~ O'WNEP.~, . i,".'. ',,,VE~T: F--~,.~T: ROB~"r AN'I'~ONY DO~ ~ON I::'O BOX 1OOO .~'711 ~ FELIPE MIL.L~I2-,OOK, 1'4Y 1254-5 HOU.~TON, 'TX 3-/02'7 LOGAT1ChN: FL~'IER..~ ISL.,AND, TO~,4q OF 5U~ C, OUN'rY. NEW' YORK ~/A'I~E'~/'AY: HAY FtAREOR ~ DATE' 5Ef::rrEMBER ,~), 2005 ,AI::~LI~T: UNDA E<2R~EN .~tEET 1 OF ~. E:)OCKO, INC. K~ [~ N~II.~, F~ MW'~, CT 06355 ,5~::~ 572 8~ F~ ~ ~ ~ ~ ~1~7~ N/F t::'P. OI::'Et~Pr' OF ANTHONY; ~ BENCHI'~N~K-, D~LL HOLE ~ET ON 4.' DIAMETEI~ POCK (,",LWL) ~1~ PP. OI::,Ek~Ty OF BO~,DEN I I~EVlSED 4-21-4::~ LB. FOOT'I:~NT I~'V1SED 5--g~o~ LB. FO~ ~ ~JNT ------AL'A/L. NE~V FIXE.~ ~ER and Fl-OAT FISHEP...~ IE:,LAND, TOWN OF ~OUTHOLD ~UFFOLK COUNTY, NEW ¥OP44 WATEI~A/AY: HAY ~ IDAT~: ~EI:'I~MBEI~ DC), 2005 ADI~CANT: LINIDA ~ A~ENT: .~HEET 2 OF 4- E~OC~O, INC. ~50 57) ~9~9 FAX ~ 57~ 7569 EPI~L~ docl~etne~ I:~Ol:~.l;~q'Y OF: HAY FIJOAT. I~¢'1P ~nd ~'~1:~ -1 LOCATION: SUFFOLK COUNTY, ND,,V YOI~K NN/ATEI;~VAY: HAY ~[ DA~ ~E~MBER ~, ~5 ~ ~: DNDA ~EN OOCKO, lNG. ~ ~. Neigh, ~ M~c, ~ ~355 F'L.~HEI~..~ ISL.~ND, TON¥'N OF NE~V I;~WL ~ Nu~ OE~GK--JN~ o NOT C.~A TI~.EATED, HAP. DWOODS 'MUST BE CI~I;~F'IF-J~ BY FOP. F-.~T STE~VAP. D~HIP COUNCIL NEVV DECK; .~-[~IN~E~. N~-VV 4' X 4' EL, 17'.* NOtE 1, ~LJN~ BLYrT DAIAMETE~ ~-IN. TO ~-IN. MINIMUM TiP DIAMETE~ E~IN, 2. PII, JNC__~ TO BE C.~ENHEAI~ O1~ ~lJ 3. NO MACHINE EXC..AVATION OF cr'r~) I I ! I~"VlS~D 4-21-06 LB. RAMP, FLOAT I;~-'VISI=D ~-1-~C~ LB. ~TAI~.~ TO B~GH FLOAT, P. Ai-IP, $ KAYAK P.A~K R.~HEP. S ISLAND, TOWN OF .~OUTHOLD SUFIr~;~ COUNT~, NE%V'TOP-K. ~V^~I~AY: HAY HAI~J~ DATI~ SE!:~EMBEI~ 30, ~]O5 API:~JC~T: IJNDA BOI2DEN ETqV~ O.5-O3-1~/~