HomeMy WebLinkAbout1000-9.-3-5 OP~ICE 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
MEMORANDUM
To~
Jill Doherty, President
Town of Southold Board of Trustees
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: May 17, 2011
Re~
Proposed Wetland Permit for WILLIAM GAILLARD
SCTM#1000-9-3-5
Docko, Inc. on behalf of WILLIAM GAILLARD requests a Wetland Permit to reconstruct an existing 6'X
43' pile supported dock of which 20 If. will have grated decking; construct new 10'X 6' pile supported
timber dock extension with electric and water utilities, davit and a ladder; install new 8'X 20' float with
associated tie-off and restraint piles, hinged ramp and ladder. Located: Bell Hill Ave., Fishers Island.
SCTM#1000-9-3-5
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
A. 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 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. Thns~ each answer mnst be
explained in detail~ listing both supportim, and non-supl~ortin~ facts. If an action
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.northfork.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
SCTM# 1000 - 009 - 3 - 5
PROJECT NAME: WILLIAM GAILLARD
The Application has been submitted to (check appropriate response):
Town Board __ Planning Board __ Building Dept. Board of Trustees
1. Category of Town of Southold agency action (check appropriat~i'e~p6nse):
X
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 an existing 6-ft. wide x 43 (+/-) LF pile supported pier of
which 20 (+/-) will be grate decking, construct a new 10-ft. x 6-ft. wide pile supported timber pier
extension with electric and water utilities and a ladder, install a new 8-ft. x 20-ft. float with
associated restraint piles, a hinged ramp and ladder all at or waterward of the apparent high
water line.
Location of action: Bell Hill Avenue on Hay Harbor
Site acreage: Parcel =1.3 acres, Pier less than 1/10th acre
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: .William Gaillard
b) Mailing Address: P.O. Box 647, Fishers Island, NY 06390
c) Telephone number: Area Code (631) 788-7681
d) Application number, if any _Prior permit No. 6850
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.
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
These dock modifications make 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 configuration and match the deck elevation of the existing pier. The decking
will be open-grate style over areas which typically support tidal wetland vegetation. Piles and rails will
be 42 inches above the deck of the pier 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
LVqRP Section II1 - Policies Page 3 through 6 for evaluation criteria.
Yes No X Not Applicable
P~licy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold.
See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria
Yes No X Not Applicable
The dock modifications 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 will 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 Ill - Policies Pages 8 through 16 for evaluation criteria.
__ Yes __ No X Not Applicable
This pier and the float are built to withstand inundation during flooding conditions. The piles are small
diameter but framing timbers are hefty and, with their composite structural integrity, can typically
handle elevated water levels as well as typical Hay Harbor wave forces. The area is sheltered against all
but the harshest of northwesterly storm winds and even the fetch is only a quarter mile and so wave
forces are minimal. The open-grate decking releases most of the induced uplift forces.
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP
Section Ill - 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 Island;
the project stands in salt water. 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 in Hay Harbor.
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
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 tidal wetlands vegetation may
spread and open-grate decking will be used in the section of the pier where tidal vegetation is capable of
growing, in the intertidal zone. Enclosed is a copy of the NYS DEC Marine Habitat Protection Bureau
e-mail from Ms Karen Gmulich indicating her department's determination of acceptability for this
configuration. 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, which are inert,
for the decking.
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 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 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. There will be no storage or staging of equipment or materials on the
site; all of it will be stored on and staged from the 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 III - Policies; Pages 38 through 46
for evaluation criteria.
__ Yes __ No X Not Applicable
This proiect 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 from the high tide line, out. These
environmental resources are being protected by the design standards dictated by the Town of Southold
and NYS DEC. There is virtually no public use of the waterfront on this property and the waterward
extension of the pier. The project will not adversely affect access or resource quality.
4
WORKING 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 project is to re-build and extend an existing wood pile and timber pier and install a new ramp 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 III - 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 provide
diversity of habitat which is attractive and beneficial to plant and animal communities as well as
protection for juveniles and larvae.
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 pier is not used for or in support of any a~Scultural or aquaculture industries or enterprises.
Policy 13. Promote appropriate use and development of energy and mineral sources.
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.
See LWRP
PREPARED BY: Keith B. Neilson, P.E., Docko, Inc.
TITLE~ DATE April, 2011
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