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Home My WebLink About1000-6.-1-12.1OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD I Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Principal Planner Date: April 15,2008 Re: Proposed Permit to Wetland Permit for ROBERT MEYER SCTM#1000-6-1-12.1 Docko, Inc. on behalf of ROBERT MEYER requests a Wetland Permit and Coastal Erosion Permit to reconstruct 138+/-1f. of 5.7' wide fixed wood pile and timber pier including ladders and four braced tie- off piles waterward of the high tide line. Located: Crescent Ave., Fishers Island. SCTM#6-1-12.1 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. 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-policy 6.3~ as outlined below. 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 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: [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 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; Eelgrass (Zostera marina) was identified in the proposed project location through a recent underwater bottomland assessment implemented by Chris Piekerell~ Habitat Restoration Specialist with the Cornell Cooperative Extension of Suffolk County Marine Program. Mr. Piekerell provided the following comments regarding his underwater field observations; On the east side of the dock where two new piles and boulder relocation are proposed· observed the following: Healthy grass is immediately adjacent t~ ~r at the site ~f b~th the n~rthern and s~athern pile l~cati~ns. There is also a significant patch adjacent to the existing boulders within the proposed boat slip. Please note that I based my measurements on the plans provided (Docko 2/4/08) and using the spacing (from the dock) of the existing piles (west side) as an indication of how far away from the dock the new piles (east side) would be. This distance was measured as 17fl. Also note that the tape was attached to the piles of the dock and pulled outward in such a way that the "zero point" was at the 2ft mark so ail measurements seen in the pictures are 2fl higher than the actual measurements. .[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 (Rappia aritime) 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 [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. In the event that the action is approved it is recommended that the application be amended to meet the following Chapter 275 regulations. 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation o fa silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. It is recommended that the silt boom be deployed during the construction of the dock structures and around the proposed area to be dredged during construction. [3] In order to prevent 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. Similarly, the use of tropical hardwoods is prohibited unless it is certified by the Forest Stewardship Council or similar organization. Materials used for structural components shall be determined at the discretion of the Trustees. l~linimi~e the use of CCA treated wood in the marine environment. [2] Commercial docks (marinas, yacht clubs and restaurantsd. lb] Construction of new marinas and additions to existing marinas shall require establishment of a pump-out facility for vessel sanitary waste. It is recommended that the establishment of a pump-out facility for vessel sanitary waste is investigated. The above will further Policies 5 Protect and improve water quality in the Town of Southold, 6.3 Protect and restore tidal and freshwater wetlands and Policy 11 Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action NOTE: The original Coastal Consistency Review was completed on April 15, 2008 and further was amended on July 14, 2008 to reflect Chris Pickerell's underwater field assessment. Hello all, After diving the proposed Robert Meyer Pier Reconstruction site I have the following observations to report: The two existing piles on the west side are at the edge of a meadow that has recently suffered a major defoliation; cause unknown. There appears to be wasting disease throughout the plants in this area, but the type and extent of bleaching and defoliation has not been observed previously. It looks as if whatever meadow existed between the dock and these piles was lost some tome ago to physical disturbance of some type given the apparent change in sediment texture and elevation. Seedlings were observed in the denuded area, adjacent to a west of the piles so there is hope that this grass will return here given time. With regard to the proposed new pile off the north end of the dock there is a healthy patch at this location. On the east side of the dock where two new piles and boulder relocation are proposed I observed the following: Healthy grass is immediately adjacent to or at the site of both the northern and southern pile locations. There is also a significant patch adjacent to the existing boulders within the proposed boat slip. See the attached photos to get a better feel for what is out there. Please note that I based my measurements on the plans provided (Docko 2/4/08) and using the spacing (from the dock) of the existing piles (west side) as an indication of how far away from the dock the new piles (east side) would be. This distance was measured as 17ft. Also note that the tape was attached to the piles of the dock and pulled outward in such a way that the "zero point" was at the 2ft mark so all measurements seen in the pictures are 2ft higher than the actual measurements. If you have any questions or need additional clarification or pictures please contact me. Chris Pickerell