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HomeMy WebLinkAbout1000-9.-3-5 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 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 VOLL1AM GAILLARD SCTM#1000-9-3-5 Docko, Inc. on behalf of WILLIAM GAILLARD requests a Wetland Permit to construct a 6'X 20' timber and pile supported pier extension and an 8'X 20' float with associated restraint piles, hinged ramp and one tie-offpile all waterward of the apparent high water line. Located: Bell Hill Ave., Fishers Island. SCTM#9-3 -5 Hay Harbor covers about 60 acres and has an average depth of 7 feet. The tidal range is about 2.5 feet. Boat access to the harbor is limited by a shallow channel and adiacent shoals and flats. This channel has been dredged. Due to the ~eoeraphy 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. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold To~vn 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 the best management practices 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 watenvays 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; [l 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. 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 of a sill 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 the silt boom be deployed during the construction of the dock structure. [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 "CC~1 "), commercial copper quat (CCQ), creosote, penta products or homemade wood preservatives is prohibitedfor 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 the Trustees. Minimize the use of CCA treated wood in the marine waters. 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 I 1. 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 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 Southotd Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon thc 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 standal[ds and conditions contained in the consistency review law. Thus, each answer explained in detail~ Hating both supportin~ and non-supportln~ facts. If an alffion 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.nortlffork.net), the Board of Trustees Department, all local libraries and the Town Clerk's Office. B. DESCRIPTION OF SITE AND PROPOSED · SCTM# ooo- oo9. - PROJECT N~dME: WILLIAM GAILLARDV;,d~ The Application has been submitted to (check appropriate response): Office, th~ Planning, 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) d) Permit, approval, license, certification: X Nature andextentofaction: Construct a new 20' x 6' wide timber and pile supported pier extension and new 8' x 20' float with associated restraint piles and hinged ramp and one tie-off pile aH waterward of the apparent high water line. Location of action: Site acreage: Present Land use: Bell Hill Avenue on Hay Harbor Parcel =1.3 acres, Pier less than 1/10th acre 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: William Gaillard b) Mailing Address: 17 Meeting House Road, Greenwich, CT 06831 c) Telephone number: Area Code (203) 661-4716 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 aH 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 IH - Policies; Page 2 for evaluation criteria. .X Yes __ No __ Not Applicable This pier and extension and new float project makes appropriate usc 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 and match the deck elevation of the existing pier. Piles and rails will be 42 inches above the deck of the landing only. 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. Sec LWRP Section III - Policies Pages 6 through 7 for evaluation criteria __ Yes No X Not Applicable The pier extension and float are typical of waterfront dock facilities in Hay Harbor and throughout New England. This pier is not really in the public line of site because residential lots with long-established houses exist between the roads and the shoreline. Visual quality should not be adversely affected by these dock modifications. 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 This pier and the proposed float are built for inundation during flooding, conditions. The piles and framing timbers are hefty and can typically handle elevated water levels as well as moderate wave forces. Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP Section HI - Policies Pages 16 through 21 for evaluation criteria. Yes __ No X Not Applicable This project will not have any affect on suitability of or availability'of drinking,, water on Fishers Islan& The addition of a float accessing 3 to 4 feet of water should decrease bottom sediment re-suspension during boating and docking maneuvers thus it is anticipated that long term water quality should improve. Policy 6. Protect and restore the quality and function of the Town of Southoid ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section IH - Policies; Pages 22 through 32 for evaluation criteria. X Yes No Not Applicable This project is consistent with this policy because it maintains the elevation of the pier landing at an acceptable height above the bottom sediments under which adjacent submerged aquatic vegetation 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. 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 project. 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 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 proieet. The pressure-treated wood trimmings from the pier.construction will be collected and disposed of in accordance with current regulations so as to minimize any harmful affect. The floating dock and ramp will be built off-site and delivered on the construction barge. 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 111 - Policies; Pages 38 through 46 for evaluation criteria. __ Yes No X Not Applicable This project is being built on private land. The public trust lands consists of the area between the mean high water line and mean low water line and the resources are bom 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 waterward extension of the pier and is not likely to influence or change this access or resource quality. WOJ;~KING 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 proiect is to extend an existing wood pile and timber pier and install a new- romp onto a new floating dock for water-dependent, recreational boating. This usage is defined as water-dependent in the LWRP. Policy 11. Promote sustainable use of living marine resources in Long Island Sound the Peconic Estuary and Town waters. See LWRP Section HI - Policies; Pages 57 through 62 for evaluation criteria. X Yes No __ Not Applicable This pier is not used for commercial fishing or shellfish industries or enterprises. There are scientific studies which have shown that piers and floats with structure spanning the water column and providing other diversity of habitat are attractive and beneficial to plant and animal communities. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section Ill - 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 use and development of energy and mineral sources. See LWRP Section Ill - Policies; pages 65 through 68 for evaluation criteria. Yes __ No X Not Applicable Tiffs 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 Agent DATE January 28, 2098 RR4s 1I:~JECT: DOCK MODIFICATIONS i!.~?~ m.o~ o~ 121LE ,.~YJ PI::~fEO 12iER EXTENSION AND IN ST, ALL A NEW 8' X 20' FLOAT WITH A~:;E;IATED RESTI2-AINT ~iLE~, A HIN~ED RAMP AND ONE TIE-OFF PILE, ~-¢' ::: .' .~,, REPLACE THREE EXI~TiNd; PiER ~UI::'POR'T PII Fc-, ALL ../' - : 7Y'~"'.. ..~'~' .' '*VATEIL%V, ARD OF TH E APPAR. ENT H (_~H ~,VATER L NE /' · ']~' ~,,,~. .~: ' ,*. mou~s'r ~umos~: / THIS L~ A ~JVA'T~. DOCK. FOR RECREA'nONAL ~^'nNe. /, TH~ ~LICAllON ORAWIN~S COMPILATION OF SU~Av'EY¢ FOR PEPqdT 12UP-~OE~E~. THEY AR.E NC ~N~U~ON ~JOININ¢ ~ ~: NO~: 12~ ~F MOON BAY D~ C~ON ON ~E HU~N, ~ 10~20 ~OUTH: ELLMOI~ PATTERSON ATTN: E, RAN[~d'W1NE 11~UST CO. '72..~4- LANC..A~TE~ PIKE 5un'E HOCKE..~SlN, [DE 1~'707 L~X~ ,AKE PROJECT: LOCATION: I I I ~ I POCK i"IODIFIGATION~ FISHEP..~ ISl..AND, TCTWN OF .~,OUTHOLZ:) SUFFOLK COUNTY, NEW YORK WATEI~WAy: HAy HAqBOR OAT~: NOVEMBER 1, 200'7 APPLICANT: ~ ~ 5HE~ l OF 4 ~OC~O, INC. Met, ¢ 0~355 8~ 572 8~39 F~ 8¢O ~2 7569 ~UPP0~ ,GP, N~INA ~ I I I ~ I 3O 2O 10 0 3O OJECT' ..~ · ,~ LOCATION: /))'/y'/ ! / t ~ .~UI~VEY by J. Ah'IE~ BERNARDO LAND ~U~:"v'E'YIN~ LLC DOCK, h'IODI~ICA ~ON~ FI~HE~ I~O - T~ M ~OU~O~ ~U~OLK ~UN~, N~ YORK DATE: NOVEMI~E~'I, 2007 ,a,I::~F'LIC, ANT: V~LL.LA~ ~/NLL~D ~ENT: ~HE~ DOCKO, INC. ~ B. N~il~on, ~ 572 ~ F~ NEW ~UI:~:~ORT lalLE ( © ~PAk:fflNA / ALTERNIFLORA -/ // 9PAq:mNA P~OJEC1F': ~LIk~v'EY by J,AI"IE~ BERN. ARDO LANE) ~U~VE~IN~ LLC IDOCt~ I~IO011~ICA TION_~ LOCA'nON: FI~HE~ ISLAND - TO'¥VN ~UFI=OLK COUNI~, NE'W' YORK NE~V ~-in ¢o lO-In PIER ~UP~'OI~T PILF__~ TO~ EL ~' ~0~ DECK lO-in ~o 12-in ~LE TO~ EL 1~* ~) ~ ,o N~ ~P N~ ~EW 8' X 20' FgOAT SH~ ~N ~S ~ ~ ~ON~NUOU~ NE~' 6-F'T VvlDE NEV~ UT1LiT~ GONDUiT I~C~TOM CEDIMENT: E Nl:;;~ VI/E?*v%/ I I I I 2O 10 0 PROJECT: ~UI:~v'EY by JAMF-.~ BER~ LAND SUIL:~v'EYIN~ LLC DOCK i'~IODIFICATION-~ LOCATION: FIE~EI~ I~LANO - TC%VN of.~OUTHOL.~ CUFFOLK COUNTY. 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