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Home My WebLink About1000-10.-5-9 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. 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 To: Jim King, President Town of Southold Board ~ of Trustees From: MarkTerry, Principal Planner - LWRP Coordinator Date: August13,2009 Re: Proposed Wetland Permit for JAMES BAKER SCTM#1000-10.-5-9 JAMES BAKER requests an Amendment to Permit #6619 to construct 8 If. of new 4' wide wood post and framed stairs with a rail mounted to an existing dock waterward of the 10' elevation contour. Construct a 10'X 8' landing with a dock box, construct 38 If. of timber/stone steps with tells set in the existing bank leading to a new 4'X 4' wood post and framed landing at the top of the bank, and install Iow intensity lighting and water service. Located: Peninsula Rd., Fishers Island. SCTM#10-5-9 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 Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS · All apphcants for permxts including Town of Southold aganql,~ ~,$hall complete this CCAF for proposed actions that are subject to the Town ~fl~ authptd Waterfron~t Consistency Review Law. This assessmem is inteadedI"~ 'Supplement 6ther information used by a Town of Southold agency in making a~tion consistency. *Except./br mmor exempt acttons mcluding Bui~ding Perr~its and other ministerial permits not located within the Coastal Erosion Ha~-r-d 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 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-supportin~ facts. If an action cannot be certified as consistent with thc LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following pl ~ae?::~_;~lj~,,.~ website (southoldtown.northfork.net), the Board *of~,~te~s Office, the Depa~huent, ~1 loc~ lib~es ~d ~e To~ Clerk's Offi~ ~ ,~ : ~ ~ .~ ~' PROPPED 31 2009 B. DESC~ION OF S~E ~D ACTIOn__ 1000-1.,.0 PRO~ NA~: New Landing & Steps The Application has b~n submi~ to (check appropriate ...... z~" Town Boa~__ Planning Board __ Butting De~ ~ 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 Nattire and extem of action: CONSTRUCT 8(+/-) LF OF NEW 4-FT. WIDE WOOD POST AND FRAME STAIRS WITH PAIL MOUNTED TO AN EXISTING PIER WATERWARD OF THE 10-FT. NGVD CONTOUR, CONSTRUCT A 10-FT. WIDE X 8-FT. LONG LANDING WITH A DOCK BOX AND CONSTRUCT 38 (+/-) LF OF TIMBER OR STONE STEPS WITH GRAVEL TREADS INCLUDING A HANDRAIL SYSTEM SET IN THE EXISTING BANK LEADING FROM THE LANDING TO A 4-FT. X 4-FT. LANDING AT THE TOP OF THE BANK, LANDWARD OF THE 10-FT. NGVD CONTOUR. THE FULL-LENGTH OF THE STAIR AND LANDING WILL BE FITTED WITH LOW-INTENSITY LIGHTING AND WILL ACCOMMODATE ELECTRICAL SERVICE AND WATER SERVICE TO THE EXISTING PIER. THIS PROJECT IS BEING BUILT IN AN AREA WHERE A PREVIOUS PATH HAD BEEN APPROVED FOR ACCESS TO THE PIER AND DOCKING FACILITIES ON THIS WOODED AND VEGETATED BANK. Location of action: Site acreage: Present Land use: Property off Peninsula Road in Darbie's Cove. Parcel = 4.1 acres · 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: James Baker b) Mailing Address: 52 Annand Road, Ridgefield, CT 06877 c) Telephone number: Area Code (203) 948-5072 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 or not support the policies. Provide ali 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 HI - Policies; Page 2 for evaluation criteria. Yes __ No __ Not Applicable This new sta'a~vay system makes appropriate use of an existing waterfront access dock site and complies with environmental design factors and guidelines the NYS DEC, and the DOS Coastal Management Program, Southold Local Law No. 6, 2004 and the Southold LWRP. The stairway design provides a standard wood-framed stairway from the pier to the first intermediate landing where a dock box will be located. From there to the top of the bank, the stairs will be of fmabers with gravel backfill to provide a natural stair with minimal flaming and minimal excavation. The stairway will be low-impact and low- profile. Lighting will be low-intensity and will be operated either from the top of the bank or the pier and be turned offmanuaily or with a timer after 15 minutes or so. In this way, the impact at night will be minimal. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Page 3 through 6 for evaluation criteria. __ Yes __ No X Not Applicable There are no known archaeological sites or historically significant characteristics to this site other than the stone wall just to the north of the proposed stairway. This stone wail was built earl,/last century to separate adjacent farming parcels. The wall will not be disrupted or impacted by the proiect. The stairway improvements will however make the wall more visible. 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 A~plicable The proposed structure is a fixed wood post-supported timber framed structure to the intermediate landing and an embedded wood path stair fi-om the landing to the top of the bank. The only visual access affected by this project is across Darbie's Cove but the visual impact will not be significant because of the low profile of the structure, the wooded bank and the vegetated background. 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 HI - Policies Pages 8 through 16 for evaluation criteria. __ Yes __ No X, Not Applicable Darbie's Cove is acknowledged to be in a flood-prone area; there is some wave exposure at this site when storms or ~onts generate northerly winds.. The pier has been built to accommodate complete submersion and resist hydrostatic uplift pressures due to flooding. The float width of 8 feet is appropriate for this site, wave exposure and the inherent stability of floating docks and was built according to plan. The stairway will be almost entirely upland of the flooding limits of this site and will be anchored by the existing pile-supported pier and the augered post-supported landing. It is highly unlikely that buoyant forces of submergence by flooding could destabilize this stairway structure. 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 will not have any affect on suitability of or availability of drinking water on Fishers Island. There will be no rainfall run-off caused by the stairway. The embedded configuration provides for infiltration of rainfall into the ground without influence or diversion. The wells and ponds which supply drinking water for the island are well off of and away fi-om the property and the stairs are down gradient so there should be no adverse affect on quality even if pressure-treated wood is used for the stairway materials. 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 This stairway project will be built almost entirely landward of the apparent high water line using minimal structural timber components and minimal excavation. 3 The design parameters shown on the drawings provide an optimum balance between acceptable design . and ac'cess standards and provide opporUmities for the vegetation to cover the bank. The structure runs down a steep bank adiacent to along-standing stone property line wall and would not appear to fragment the hillside community or vegetation any differently than the existing stone wall structure, thus the siting of the stairway (and the dock facility previously.) 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 proiect in this location, except for decking on the framed stair 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 landing and stairs. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and h~ardous 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 construction process 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 (apparent high water line out. These environmental resources are being protected by the design standards dictated by the Town of Southold and the NYS DEC. There is vLrmally no public use of the waterfront in this area and the construction of the stairway to a landing above the apparent high water line is not likely to influence or change this fact. WORKING COAST POLICIES 4 l~oliey. 10. Protect Southold'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 post-supported and timber framed stairway and inset timber steps to a water-dependent, recreational and transportation boat docking facility. This pier usage is defined as water-dependent in the LWRP because the pier and float support recreational boating and will provide occasional boat transportation access to the mainland. The stairway framing will mount to the pier and nm up the bank to the intermediate landing without an? new structure that could adversely effect access along and to public trust lands and waters of the State. A ground-based step system was considered preferable to a full-lenOh framed and post-supported stair system to preserve as much natural feature on the bank as possible. 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 Appfieable This landing and steps will not be used for commercial fishing or shellfish industries or enterprises. Policy 12. Protect agricultural lands in the Town of Southoid. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable This landing and steps are not in an area of or in support of any agricultural or aquaculture industries or enterprises and there are none in Darbie's Cove and so this aspect of the LWRP should not suffer any adverse impacts. Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP Section IH - Policies; pages 65 through 68 for evaluation criteria. Yes No X Not Applicable This landing and steps are not used for or in support of any energy or mineral mining or processing operations nor are any such operations existing in Darbie's Cove. This project will not adversely affect energy or mineral sources or resources. PREPARED BY: Keith B. Neilsom P.E. TITLE Agent DATE July 13, 2009 5 2d t,,a and .~ TAII~ 22% 36 34 tiff 37 ~.4 LOCATION I'"IAI::~ ~ Coble COV~ /::::>L~N VII~W 1. ELEVATION DA'IUM I$ MEAN LOW WATEr. ~i.~!i~ 2. 31DE DATA J.~ TAKEN ~ ~ NO~ ~ ~P ~ ~T~ ~ A ~b MOU~ TO ~ ~H~TONE ~ ~ ~ ~ IN ~E ~N5 ~g ~ ~N5 AT ~E TOP OF ~E ~ ~ OF ~E 1~ E~A~ ~R ~ ~ USED ~R ~O~ ~A~. 'vVE~T: ELBERT M. BURI;[ JR ~ .~-F.I. PENINSULA FISHER.~ I.E~LAND, NY I I I I A COMPILATION OF ~URVEYS FO~ C~T~AEr [X~CUMENTS. LVALTF-~ G. ~R III ~OLr~l: ~R and COMPANY I~CHAI:~ F, 408, P1A~AZINE STREET PO BOX NEW OP.I..EAN~, LA 70~O FIEd"IER.~ I.,SALAND, NY LOC. A'TION: WAI~k~VAY: DAT~ API;LICANT: A~ENT: SHEET 1 OF,4 OOCk O, INC. Keh'h B. Nells~n, I~ M¥~c. CT O~55 8E=O 572 8~3~' FAX ~ ~2 FIE~HE~.S I,~LAND, TOWN OF E~DUTHOLO ~UFFOL.~ COUNTY', NEW YOPJ( JUNE 5, :2009 JAI"IE~ BAKER OVV(~ O~.-t..5-1~13 N FO~ PIER PROJECT - R.A~5 NO MON '7, OF FLOWER ~PAETINA ALTEt~NIFLOP-.A / SEA LA'V~NDER , DEED LINE - SEE I LOCATION o~ T1DAL WEll. AND / / / cov~ \ / / ' ~z:'L.AN VI~EW / / ALTERNIFLORA (TYP) " MON ' I I I ~urvey by CME Engineering, L.~nd ~ur~eyir~j and .Ar'ch~ec~re / J / / EL 10-FT N®VD / WM~f ~ NY DEC JUPJEOICllON and L.ANDIN~ BP4J~H ~d TEEE TOP d BANK / TOP OF MONUMENT ELEVATION = 4-,5~ / / / N/F OF RICHAP-D E,AKER PP-OJECT: NEVi/!.-ANL~IN~-~ and ~TAIt~ LOCATION: FI~HEP~ I~LAND, TOWN OF SOUTHOLD .SUfFOIJC COUNT'f', NE~V YORK WATEI~AY: I~AP.~IF.~ COVE DATE: JUNE 5, :2OO~ JAME~ E, AK. ER .E~HEET 2 OF 4 DOC, KO, INC. Kelth ~,. Ndl~on, ~ My~c, CT 8~ 572 E,~3-~ FAX ~ 572 / ~ / .I'// // // / NEW' ~-FT WIDE X ~ ~ TF,3PJ~I ~h 12,AI!.~ :::;E~.K EL ~b. FT--, ~. .' Nk-%V g: ",-~ TONE/'nh"IE~ER ~, TEI:~_~ -/ ~ET iAi ~.,ANK CTy;2) I / NEVV IO-FT WIDE X 8..F'i' I NE~V I..C~,V W'ATTAC-E J DECK E,L 13z.~T TO !4~.-FT,~ LIE;t.fT ('i~) ' I I ~urve,/by CI"IE Engineering. L~nd 55urve'Cng ond ,ArchitechJre I::U-C - ';-.31...O~ I:~.OJECT: NE~V !~IDIN~ ond LOCA'~ON: '¢/ATEIL::%VAY: DAEBIE.~ COVE OAFE: JUNE APPLICANT: JAt'IE.~ SHEET EDOCKO, INC. Kelth B. Neil~on, hl~-~c. CT 0~355 FI~HER~ IE, LAN[D. TCAM'4 OF .~DUTHOLD f::,UFFOLK COUN"Pr', NEW' yOI2J< E:~V~ O~-15-1&'L3 C42NR:2.Gn-E PLAGTIC ~r ~A/OOD DECKIN~ NON IRm, E.G..GU, PJ~ TP, EATEI2 - 1/2-1N ~ TYI~ III ~:~UTHE~N YELLOW ..... : :. fINE O~ CEO~. - BAGKFILL when : EXGAVAT/~D ~/;~AVEL. ~ I~T~nd ~/~VANIZED ~7~_~1 I2~£) PiN PlA. X 3~IN ,~:' '; wffhCON.-~ALIDATEDL~:~'.i!t?:; ~TAIlalE DETAIL I I I 50~FT NEWd-FT W/DE X OECK EL -~- Fr' NE~V ~ ~VATT~E ~ NEW ~ WIDE ~K ~ ~ TO 1~- ~ V~ ~N ~IN TO ~ ~TCH ~ OF HI~ ~ NOT~ OECKIN~ - NON C, CA 'I]~.-A3H), HARDWOOD~ MUST E~ C,P-.K I Mm.~ BY FCYI2E..~T ~OUNCL 1:TP. OJECT: N~-~/ ~ANDIN~ ond ~T~IIR~ LOCATION: FI~HER~ I~LAND, TOWN OF .~UTHOLD .GUFFOL.K. COUNTY, NE'vV YORK WATEI~:%VAY: DA,.c~51E..G COVE ~ DAT~ JUNE 5, 12009 .APPLICANT: JA~E.G ~ A~ENT: SHEET 4 OF 4 EDOCt ..O. INC. ~ B. Nellr, on. P'E ~s'~¢. CT O~355 ~ 57~ 8939 FAX ~ 572 7569 EA,V~ 06-15-18t~ : EI'.!,AJk d~c;kc~,i'.net