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Home My WebLink About1000-9.-3-1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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 Principal Planner Date: April 15, 2008 Proposed Permit to Wetland Permit for ItAY HARBOR CLUB SCTM#1000-9-3-1 Docko, Inc. on behalf of HAY HARBOR CLUB requests a Wetland Permit to reconstruct and relocate two 16' X 16' floats with new restraint pilings, and one 14'X 16' float, install one new 14'X 16' float and new 10'X 42' float with associated restraint pilings. Reconstruct 400 lf. of fixed wood pile and timber access walkway and pier of variable width, conduct maintenance dredging, 25 cy. of sand from the diving area for upland disposal at the beach, on site. Add new restraint pilings to an existing float waterward of the apparent high water line. Located: Fox Ave., Fishers Island. SCTM#9-3-1 The Hay Harbor Club is the main water-dependent use on Hay Harbor. This membership club orovides a sailine dock. sailine orogram, swimming dock and a beach, as well as upland recreational facilities. Hay Harbor has no facilities and overnight anchoring is prohibited due to water quality problems. There are also a number of private docks and finger piers in Hay Harbor. The Hay Harbor Club provides waterfront access in Hay Harbor for their membership only. This membership club provides beach access, a swimming doclq a sailing dock and a sailing program. The Club also has tennis courts, located upland from Hay Harbor and a golf course, located on the southern shoreline of the Island. Hay Harbor is a popular area for waterskiing. There is currently no access to Hay Harbor waterfront for non-club residents. 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; [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; [I 1] 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. 3~' 275-11 Construction and operation standards. 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 ora 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 ora silt boom that will retain all suspended sediments within the immediate project area. It is recommended that a silt boom be deployed during the construction of the dock structures and around the proposed area to be dredged during construction. Chapter 275 requires that Commercial docks be required to establish a pump-out facility for vessel sanitary waste. It is recommended that the establishment of a pump-out facility for vessel sanitar3, waste be investigated and evaluated to the type of vessels uslin~ the club. 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 LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfxont Consistency Review Law. This assessment is intended to s~upplement 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 conta'med in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant 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, i_t shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.nortlffork.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 . \ . X~ \ PROJECT NAME: DOCK MODIFICATIONS, HAY HARBOR CLUB The Application has been snbmitted to (check appropriate response): Town Board __ Planning Board __ Building Dept. ' Board of Trustees ,X 1. Category of To~ 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 AND RELOCATE TWO 16' X 16' FLOATS WITH NEW RESTRAINT PILINGS, AND ONE 14' X 16' FLOAT, INSTALL ONE NEW 14' X 16' FLOAT AND NEW 10' X 42' FLOAT WITH ASSOCIATED RESTRALNT PILINGS. RECONSTRUCT 400 (+/-) LF OF FIXED WOOD PILE AND TIMBER ACCESS WALKWAY AND PIER OF VARIABLE WIDTH, CONDUCT MAINTENANCE DREDGING, 25 (+/-) CY OF SAND FROM THE DIVING AREA FOR UPLAND DISPOSAL AT THE BEACH, ON SITE. ADD NEW RESTRAINT PILINGS TO AN EXISTING FLOAT WATERWARD OF THE APPARENT HIGH WATER LINE. THIS PROJECT IS FOR ROUTINE MAINTENANCE AND MINOR ALTERATIONS OF EXISTING WATERFRONT RECREATIONAL FACILTIES. Location of action: Fox Avenue on Hay Harbor Site acreage: Parcel =9.7 acres Present Land use: Residential - Club Present Zoning Classification: Resident'iai - Club 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: Hay Harbor Club b) Mailing Address: P.O. Box 477, Fishers Island, NY 06390 c) Telephone number: Area Code (63 I) 788-7323 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 C. 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 III - Policies; Page 2 for evaluation criteria. .X. Yes __ No __ Not Applicable This facility rehabilitation proiect makes appropriate use of an existing waterfront access dock system 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 follow its existing, long-standing alignraent and clearance over the bottom sediments until passing the landward limit of the adjacent spartina marsh, then ramp to shore. Piles and rails will be 42 inches above the deck in the marsh. There will be no impairment of waterflow or navigation. Policy 2. Protect and preserve historic and arehaeologieal resources of the Town of Soutbeld. See LWRP Section III - 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 Iii - Policies Pages 6 through 7 for evaluation criteria __ Yes __ No X Not Applicable There will be no significant change to aesthetics in Hay Harbor. 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. __ Yes No X Not Applicable There will be no changes to flooding characteristics of Hay Harbor associated with this proiect. The pier being re-built is open pile and timbers. There will be no erosion-inducing activities. Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP Section IIl- Policies Pages 16 through 21 for evaluation criteria. Yes __ No X Not Applicable This pro}ect will not have any affect on suitability of or availability of drinking water on Fishers Island. The sources of which are in land from the dock and dredging activities which are all in salt water. 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. X Yes __ No __ Not Applicable 3 This project is consistent with this policy because it maintains the elevation of the pier landing to an acceptable height above the bottom sediments. In addition, the NYS DEC oreoared 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 untxeated woods or plastic materials. As mentioned earlier, the design parameters shown on the drawings provides an optimum balance between acceptable design and access standards and maintain opportunities for the wetlands vegetation to spread, undisturbed by boaters accessIng the sailing dock. Dredging will be hydraulic and therefore minimize turbidity and the dredged slurry will be contained in a graded basin on the beach. Therefore, the pier encourages habitat enhancement. 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 arc no air quality issues related to this proiect. No emissions will be generat~ by thc dock facility or dredging. 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 X Not Applicable There is no solid waste or hazardous substances to be generated from this project. The pressure-treated wood trimmings fi-om 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 Southoid. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. X Yes __ No __ Not Applicable This project is at an existing club. The public trust lands and waters constitutes the area between the mean high water line and mean low water line and the resources are from the high tide line, out. These environmental resources are being protected by the design standards dictated by the NYS DEC. There is extensive use of the waterfront in this area and the reconstruction of the pier and landward extension above the apparent high water line are intended to cont'mue to provide this kind of access. WORKING COASI' POLICIE~ 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 project is to rebuild and modify an existing wood pile and timber pier and install a new ramp onto relocated floating docks for water-dependent, recreational and transportation boating. This usage is defined as water-dependent in the LWRP because the pier and float are for recreational boating. The reconstruction part of the project is to replace a deteriorated structure. The extension to shore is to provide continuity of access while maintaining nhaneing existing habitat. 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 X Not Applicable This pier is not used for commemial fishing or shellfish industries or enterprises. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section 111 - Policies; Pages 62 through 65 for evaluation criteria. __ Yes No X Not Applicable This pier is not used for or in support of any agricultural or aquaculture industries or enterprises. Policy 13. Promote appropriate usc and development of energy and mineral sources. See LWRP Section Ill - Policies; pages 65 through 68 for evaluation criteria. Yes __ No X Not Applicable This pier is not used for or in support of any energy or mineral mining or processing operations. PREPARED BY: Keith B. Neilson, P.E., Docko, Inc. TITLE~ DATE January 28, 2008 5 54 ond I:~OJECT : PROJEC-I': LOCATION: FISHERS ISLAND, TC~v'N ~UFFOI.~ COUN'PK , NE%V YOPJ~, · TANK' 'T~NNL~ SAND COUET~ L HOL~ (ML~ PP-OPEI~I"T' Of HAY HAPJSOI~ CLU6 ~=~ X I.~,'T I N ~ CONDI-i-ION~ I s I I I:~OJECT: ~ur've¥~ by Jim Bernardo L~r~ ~urveyJng LL¢ and J Demp.~y.Aee<x;k~'e~ ~ ~HO~FRONT' i~ODIFICA L-OC~'TION: ISLAND, TO'~/N OF ~OUTHOLD ~UP-FOLK COUNTY, NEW' YOI~K N "~- i~/. _ F_.XISTIN0 FLOATS. FOOT;~INT OF FL.0AT5 -1-~ -1-~/ /// :1] .' P;~PEI:L:q'Y OF HAY I"IAI:~3OR CLUB P~oJ~G'~ 00~1< I"IO01FIC, ATION~ LOCATION: ISLAND, TONMN OF .,~2U"FHOLD ~UFF--OI.~ COUNTY, NE'W WATE~W'Ay: HAY DATE: JANUA~F ~: ~Y ~R CLUB ~H~ 3 OF 7 DOCKO, INC. E~ d~n~.n~ "~- .1.1 PI~OJEGT: ~HOI~EI=~ONT i"IODIF'IGAI'ION~ LOCAllON: PI~H~I~-~ I~LANO, TO~IN OF .~OUTHOLD ~UP-T-OLK COUNTY, N~ yORK. ~/ATEI~/AY: HAy I"~I~OR OAI~ JAN UAIk~' 2~, 200~ ~Oi~LICANT: HAY I"iA,~OR O-DB AGENT: ~H~I' & OF ? EDOCI O, lNG. /~--~P1ATE LOCATION OF // EXIS~N~ BUILDIN~¢ ,:254~F - 0, , ~ TOm N~ ~OAT ~ N~ ~ TOP ~ BAIL DOCK ~ 0.0 I I I I ~JE~: ~HO~ONT HOOI~I~ATION~ ~UPT"OLK COUNTY, NEOn/YOI~K WA11~I;NVAY: HAY lATE JANUAI~' ~ENT: ~HE~ 5 OF 7 DOCKO, INC. ~ B. Nellson, PE M~c, ~ ~ 572 8~9 _I~NTENANCE ID~EI~E 70~G'Y O~ E~EXI~-I-II'x4~ CONDITION~ 111 ,I /t HAY t-~0!~ CLUB BENCI-~i's,~4 DRILL HOLE ON BOULDEI~ 7]4. (MLW) UMIT OF ~ TENNIS C, OURT~ ,AI::~ROXIMA'TE LINE I::'P42JEC'I': ~Uk~V~ by J. DEMI:~Y ~ ~HOI~FRONT I~IOI~IFICA LOC, ATION: ISLAND, TO'vVN OF ~OU'~OLD ~U~--OLK COUNTY, N~v' WATi~I;~/AY: HAy ~R ,J~NNUA~f 2~, 2008 ~H~ ~ OF 7 DOC~, INC. ~CK PILE" / ,~ND / I / / / / I of~I /~ ~,°0 o0 I HAY / · TANK .~WIMMIN(~ AP. EA DE'TERmlY, TED WOOD ~ROIN ~ / N ~PP-,A~ ALON~ II I I I I I Ac~XIMATE. uMrr OF 5AND ~.OJE~I': ~HOI~EF~ON'I' I"IO01h--'ICA TION.~ I.Z~ATION: FI~HE~ L~I..AN[~, TO¥4tq OF .~OUTHOLD ~UFFOL. K COUN"D', NEW' YORK WAT~I;~NAY: HAY HARBOR JANUAI2Y ;;~, ~0~ ~HE~ 7 OF 7 M~c, ~ E~ doc~$n~.n~