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Home My WebLink About1000-9.-9-22.1OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: March 24, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for SHEILA KENNEDY SCTM#9-9-22.1 Docko, Inc. on behalf of SHEILA KENNEDY requests a Wetland Permit to construct a 4'X 55' wood pile and timber pier including four (4) tie-off pilings and an 8'X 20' floating dock with associated hinged ramp and restraint pilings. Located: Equestrian Ave., Fishers lsland. SCTM#9-9-22.1 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 us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The location of the proposed dock is within the Coastal Erosion Hazard Area (CEHA) and will be constructed in both the nearshore area and beach. All development is prohibited in the nearshore area and beach pursuant to .ti 111-11 and § 111-12 unless specifically provided for by Chapter 111~ COASTAL EROSION HAZA,qI~ AREAS. Pursuant to § 111-6~ allowable activities within the nearshore area and beach may include open timber piles or other similar open work supports with a top surface area of less than 200 square feet. Therefore~ the dock as proposed is prohibited in the nearshore area and beach pursuant to Chapter 111~ COASTAL EROSION HAZARD AREAS. § 111-11. Nearshore area. C. All development is prohibited in nearshore areas unless specifically provided for by this chapter. § 111-12. Beach area. D. All development is prohibited on beaches unless specifically provided for by this chapter. § 111-6. Definitions. UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the ilnptementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. If the agency~ Board of Trustees makes a contrary determination of consistency~ the agency shall elaborate in writing the basis for its disagreement with their recommendations pursuant to Chapter 268~ Waterfront Consistency Review. § 268-5. Review of actions. H. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and lhe agency makes a contrary determination of consistentT, the agency shall elaborate in writing the basis fiJr its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP polioT standarc& 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 1. 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. 2. Before answering the questions in Section C, the preparer of this form should review,n[~ ~,, the exempt minor action list, policies and explanations of each policy contained in tho(.JX Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal (which includes ....... all of Southold Town). ,, " " thg"("~ 3. If any question ~n Section C on this form ~s answered yes or no , then 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 detaii~ listing both supporting and non-suDnortin~, facts. If an action cannot be certified as consistent with the LWRP policy standards and Col~ditions, it shall n.._____ot be undertaken_._______..____.. ' NI -- ~.)\~,_~~ A copy of the LWRP is available in the following places: online at the To~{,nxff.~outhold's website (southoldtown.northfork.net), the Board of Trustees Officel the Planning Department, all local libraries and the Town Clerk's Office. B. I)ESCRIPTION OF SITE AND PROPOSED ACTION ~~.~~'~ ~ SCTM# 1000 - 009-09-22.1 PROJECT NAME: NewPier&FIoat (SheilaKennedy)~"~ ~'ard~fTu~st The Application has been submitted to (check appropriate response): Town Board __ Planning Board Building Dept. Bo r ,, 1. Category of Town of Southold agency action (check appropriate respon 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: ~'~ Oc~ Eg-~ Construct 88 (+/-) LF of 4-foot wide fixed wood pile and timber pier~ including 4 tie-off pih'lngs and an 8' x 20' float with associated hinged ramp and restraint pilings, all waterward of the apparent high water line. Location of action: Property off Equestrian Avenue in Hay Harbor. Site acreage: Parcel -- 1.9 Acres Present Land use: Residential Present Zoning Classification: Residential 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: Sheila Kennedy b) Mailing Address: 194 Lakeview Avenue, Cambridge, MA 02138-2132 c) Telephone number: Area Code (631) 788-7499 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 or 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. 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 coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. X Yes __ No __ Not Applicable This dock facility construction project makes appropriate use of an existing residential property waterfront access dock 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 maintain a deck elevation of 6.5 feet until clear of the rocks and a 4-foot deck clearance over the bottom sediments until passing the apparent low water line. The pier has been located beyond (north of} the limit of the adjacent spartina fringe marsh. Piles and rails will be four feet 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 III - Policies Pages 6 through 7 for evaluation criteria __ Yes __ No X Not Applicable The proposed structure is a fixed wood pile and timber pier and floating dock facility with tie-off piles. The only visual access affected by this project is the Rauch family next door to the south and the Wilmerdings to the north across Hay Harbor but the visual impact will not be significant because of the wooded bank and vegetated background; neither neighbor objects to the proieet. The dock facility is a typical recreational boating facility and typical of other such facilities along the shoreline and on adjacent or nearby properties. 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 The pier and float system is located in Hay Harbor and is acknowledged to be in a flood-prone area; there is some wave exposure at this site even storms or fronts generate northerly and northeasterly winds. The pier is designed to accommodate complete submersion and resist hydrostatic uplift pressures due to flooding. The float width of 8 feet is considered necessary and appropriate for this site, wave exposure and the inherent stability of floating docks. Pile sizes have been minimized in accordance with Town of Southold Local Law #6 and stated preferences of the Board of Trustees. 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 proiect wilt not have any adverse affect on suitability of or availability 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 III - Policies; Pages 22 through 32 for evaluation criteria. X Yes __ No . Not Applicable 3 · Th~s project is consistent with this policy because it maintains the elevation of the pier landing to an accentable height above the bottom sediments through which adjacent tidal wetlands may spread (although they do not exist at the dock site currently). 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 in accordance with Town of Southold Local Law #6. The design parameters shown on the drawings provides an optimum balance between acceptable desi~ and access standards and maintain suitable conditions for the wetlands vegetation to spread. The pier encourages habitat enhancement by providing some limited structure through the intertidal zone. Policy 7. Protect and improve air quality in the Town of Southold. Policies Pages 32 through 34 for evaluation criteria. Yes No X There are no air quality issues related to this project· facility. See LWRP Section III - Not Applicable No emissions will be generated by the dock Policy 8. Minimize environmental degradation in Town of Southoid 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 from the dock construction will be collected and disposed of in accordance with current regulations so as to minimize harmful affects. 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 III - 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 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 artd the Town of Southold Local Law #6.. There is virtually no public use oftbe waterfront in this area and the construction of the pier to a landing above the apparent high water line is not likely to adversely influence or change this fact. 4 · WORK/NG COAST POLICIES Policy 10. Protect Southoid'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 build a wood pile and timber pier and install a new ramp landing on a floating dock for water-dependent, recreational and transportation boating. This usage is defined as water-dependent in the LWRP because the pier and float provide for recreational boating and will provide occasional boat transportation access to the mainland. The pier has been sited along the northerly edge of the property because of the advantage of water depth at the point where 25% of the waterway limits pier encroachment and to span the stone / boulder strewn area on the beach where habitat values re less than those further to the south. The pier site will minimize habitat impact. The pier elevation should provide an oppommitg for tidal wetlands vegetation to establish itself even up to and beneath the pier. 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 commercial fishing or shellfish industries or enterprises. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - 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 LV~fRP 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 energy or mineral mining or processing operations. PREPARED BY: Keith B. Neilson. P.E. TITLE_Agent DATE 2008 5 'WILMEI~DIN~ ~ ~ C';:%.:i. :L'.~ N FEB 1 7 LOCATION I I~ I~ f::fl I~ F:q ~N~, ~ W~ ~A~N~. ~ ~ME~. mOJECT: N~-~V I~_I~ AND FLOAT ~ ~LAND, TOWN OF ,5OUTHOi..D ~UFFOLK C. OUNI~, NEW WATERWAY: HAY H.,A.RBOR DAT~ FEBI;~,n, JLh' ~, 2OO~ ~: ~ KENNEDY (N~V~) ,¢ I I 'l I I NOTE: ALL FI FV. AllON..~ ~ ~ N~"V'D 1~:2~. x -3.7 FLOAT ~HO~K DET.~L WATF--I~VAY: HAY ~ DATE t~BI~LIA/i~ 2.~, 2008 ~: 5HELA KENNEDY TOP El_ 4.2 IN. C, OUNC. L NOTF= ALL ~L~VATtON~ IN Ft~M N~'VD :2~ DE~K N=-~V C. ONDUE FLOAT U EN ION ~;ND ~ I I t ~2 ~ ~ ~ ~--- 20' WAS C~.SEI~,'I~ DUPJI,~ I I I I' SUEVE'I' ON l:Tv14`z'''~:X3~ ~ ~=LE'VA'TION, ~ I:L=Vt~IB;~ 2-4-.0~ ACZ2E R.OAT,.~JSt::'ENSION DETAIL ~,U~ I:,y ¢.1~. ~.2~ DATUM AND FLOAT P~=HEI~S 15~,_I~'~D, T(~VN OF .50LrTHoI.D SU~O~ COU~. EDOCt~.O, INC. IC~h B. Neil~:~ I:~