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HomeMy WebLinkAbout1000-9.-9-27.4Town of Southold LWRP CONSISTENCY ASSESSME~ 0 A. INSTRUCTIONS o permits ' c uding Town of Southold agencies, shall complete this 1. All applicants f~ r * m 1 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 ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this the exempt minor action list, policies and explanations of each Town of Southold Local Waterfront Revitalization Program. be evaluated as to its significant beneficial and adverse effects (which includes all of Southold Town). review in the will the coastal area If any question in Section C on this form is proposed action will affect the achievement of the conditions contained in the consistency review law. cannot be certified as consistent with the LWRP shall not be undertaken. or "no", then the policy standards and each answer must be facts. If an action standards and conditions, it A copy of the LWRP is available in the website (southoldtown.northfork.net), the Department, all local libraries and the Town of online at the Town of Southold's Trustees Office, the Planning B. DESCRIPTION OF SCTM# 1000 - 09 - 9 - 27.4 PROJECT NAME: The Application has been (check NOV 1 3 2012 Town Board Building Dept. Board of Trustees X~ 1. Category of Town action (check appropriate response): a) construction. to Town agency (e.g. capital agency regulation, land transaction) b) Financial assistance (e.g. grant loan subsidy) c) Permit, approval, license, certification: ,,X Nature and extent of action: Construct 118 (+/-) LF of 4-ft wide fixed wood pile and timber pier including two ladders and two outhaul piles, all waterward of the apparent high water line. Construct 11(+/-)LF of 4-FT wide wood deck, landward of the approximate high water line. Location of action: Property located on 33 Reservoir Road Site acreage: Parcel = .35 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: Hiram Moody Jr. b) Mailing Address: Box 2119, Wickanburg, AZ 85358 c) Telephone number: Area Code (928) 684-5944 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 These dock modifications makes appropriate use of an existing waterfront 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 be built to a 4- foot deck height over the bottom sediments until passing the apparent mean low water line. Rails will be 42 inches above the deck. There will be no impairment of waterflow~ navigation or public access. 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 ~ 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 2 The only portion of the proposed work visible to any extent is the construction of a wood timber and pile supported pier and outhaul piles. The only land side visual access affected by this oroiect is at the applicant's site the Ferry District property across the cove and immediate neighbors in this small cove, which is high terrain lined by trees. The facility will be more visible through the leafless trees, in fall, winter, and early spring from the road. The dock's site will be visible from the water only when directly north of the line of the cove. The size of pile's diameters are limited based on the Town of Southoid design requirements. A pier for private recreational boating residential property in an "ad. iacent area" is a compatible use. 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 These proposed dock modifications will take place in Silver Eel Cove and is acknowledged to be in a flood-prone area~ there is wave exposure at this site. The new pier will be designed to accommodate complete submersion and resist hydrostatic and hydrodynamic uplift pressures due to flooding. 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 pr0iect will not have any 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 This pro. iect is consistent with this policy because it proposes the elevation of the pier is at an acceptable heig~at above the bottom sediments through which ad. iacent tidal wetlands vegetation may spr~nd~ the dock site. 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 deelcln? which will be of untreated woods or composite (or plastic) mnterials. The configuration shown on the drawings provides an optimum balance between acceptable design and access standards without depriving the wetlands vegetation the opportunity to spread. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section IH - Policies Pages 32 through 34 for evaluation criteria. Yes __ No X Not Applicable There are no air quality issues related to this pro. iect. No emla~ions 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 pro. iect. The pressure- treated wood trimminEs from 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 Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes __ No X Not Applicable This proiect is being built emanating from private land. The public trust lands and waters constitutes the area between the mean high water line and mean iow water line and the resources are from the hi?h tide line~ out. These environmental resources are being protected by the suitable aliL, nment and height design standards dictated by the NYS DEC. There is virtually no public use of the waterfront in this area and the construction of the pier and outhaul piles all waterward above the apparent high water line are not likely to influence or change this fact. 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 pro. iect is to build a new pier and onthaul piles for water-dependent~ recreational boating. This n~ao.e is def'med as water-dependent in the LWRP. The pier will provide for recreational boafin,o and boat transportation access to the Island or the mainland. The pier will provide access without adverse environmental impact-~ and while protecting existing habitat and limitea resources. Policy 11. Promote sustainable use of living marine resources in Long Island Sound the Peconic Estuary and Town waters. See LWRP Section IH - 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. 4 PART 1--PROJECT INFORMATION Prepared by Project sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action NEW PIER AND OUTHAUL PILES Location of Action (include Street Address, Municipality and County) 33 RESERVOIR ROAD, FISHERS ISLAND Name of ApplicantJSponsor M~. H]]~JVJ MOODY, .iA.. Address P.O. BOX 2119 City / PO WICKENBURG State AZ Zip Code 85358 Business Telephone 928-231-1076 Name of Owner (if different) Address City/PO Business Telephone State Zip Code Description of Action: CONSTRUCT l I8(+/-)LF OF 4~FT WIDE FIXED WOOD PILE AND TIMBER PIER INCLUDING TWO LADDERS AND TWO OUTHAUL PILES, ALL WATERWARD OF THE APPARENT HIGH WATER LINE. CONSTRUCT 1 I(+/-)LF OF 4-FT WIDE WOOD DECK, LANDWARD OF THE APPROXIMATE HIGH WATER LINE. Page 2 of 21 NEW WOOD PIER AND FLOATING DOCK PROPERTY OF HIRAM MOODY 33 RESERVOIR ROAD, FISHERS ISLAND NARRATIVE STATEMENT & SUPPLEMENTAL INFORMATION FEBRUARY 2012 GENERAL DESCRIPTION The Moody's own parcel 1000-9-8-3.2 off Reservoir Road located near the south end of the Silver Eel Cove on Fishers Island. The site is generally moderately sloped, sandy gravel earthen materials and moderately covered with trees and understory along the shore. The frontage of the property is approximately 30 feet along Silver Eel Cove abutted by Donald R. Cleveland, Jr. to the west and across the street and R. Dixon H. Harvey, Jr. and Janet H. Harvey to the north side and William Wood and Wife also across the street. The waterfront consists of a steep bank to a stone and gravel shoreline with small sporadic spartina altemifiora and patens growth areas and either side of an old, long-standing, wood post supported timber pier. It is the Moody's desire to build a wood timber and pile supported pier and two outhaul boat tie-offs, utilities and ladders all waterward of the apparent high water line. The new pier will be at an elevation of 6 feet and crossing over the intertidal zone at a minimum height of five feet above the bottom sediments. This supplemental narrative has been prepared in accordance with the requirements of Town of Southold's, Ordinance No. 6, 2004, and the Local Waterfront Revitalization Program related to docks and shorefront improvements. In addition, various coastal policies under the New York State Coastal Management Act are addressed herein for review by the New York State Department of State and Section 661 of the NYS Department of Environmental Conservation regulations for Tidal Wetlands. SEQUENCE OF WORK As mentioned in the introductory paragraph, this project is to construct a fixed wood pile and timber pier in accordance with existing guidelines set forth in the Town of Southold ordinance No. 6, 2004. It is envisioned that the structures will be built utilizing the following general sequence and methodology. The marine dock contractor will arrive by barge with barge-mounted crane and push boats. New piles will be driven starting at the new landside end of the pier and proceeding waterward to shore at roughly 10-foot intervals. These piles will be driven by double- acting air powered hammer to a bearing resistance of approximately 20 tons. This generally results in about ten feet of embedment of the pile in the bearing stratum. Pier support piles will be 10-inch nominal diameter measured at 3 feet from the butt; outhaul piles will be 12-inch diameter. After the piles are installed, split caps (also known as split clamps) consisting of pressure treated Southern Pine timbers ranging from 3 x 10 to 4 x 12 nominal dimension, will be bolted to the piles transversely forming a pile pair or "bent". Stringers will be then laid on the split caps parallel to the length of the pier. In all likelihood, four runs of stringers will be set and will probably consist of 3 x 10 pressure-treated Southern Pine. The outer stringer on each side will be bolted or spiked to the pile to provide security against uplift forces that this pier might be exposed to. The stringers will run level at an elevation of 5 feet until they reach a point 5 feet above the existing bottom sediments and then slope upward at 1 foot vertically per 10 feet horizontally, more or less paralleling as closely as possible, the slope of the existing inter-tidal zone until reaching an elevation of the patio. At this point, the decking will level off and run straight to the shore landing. After the stringers have been connected to the piles and split caps, the decking will be installed. In accordance with Town of Southold's Ordinance No. 6, 2004, this decking will not be pressure-treated Souihem Yellow Pine but untreated fir, oak, cedar or it could be "Timber Tech" or similar plastic composite material with the rough side mounted up. If plastic is used, it will be gray, brown, or natural in color. Decking will be attached to the stringers utilizing stainless steel flathead square-drive wood screws about 3 inches long and will be set with a lA"(+/-) gap between members. The alignment of the pier will be perpendicular to shore throughout its length. The pier support piles will extend 42 inches alcove the deck surface. Because of the walkway height, the piles will provide the attachment point for horizontal rail members mounted to the piles. Water and electricity will be mn out on the pier in the space between the stringers so that trickle chargers on the boats may be powered during tie-ups. In addition, the water will allow boats to be rinsed off after usage. A power post with an internal light will be mounted to the float or end of the pier with receptacles to provide power to the boats from extension cords. The power post will also have a coiling arm for storage of the hose between uses. Because the dock may be used during the hours of darkness, low-intensity lights will be mounted on staggered piles or dock rail posts to illuminate the walking surface. This system will be manually controlled so that the lights will only be on when necessary for safety of the users. 2 REQUIREMENTS OF SECTION 97-25 OF THE WETLANDS LAW The permittee acknowledges that the validity of this permit is subject to the approval of other governmental or municipal authorities. The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers. The permittee gives consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit. The permittee will notify the Trustees in writing one week prior to initiation of construction operations. The permittee will notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance for a certificate of compliance. In response to Sub-section 2a and the General Rules for Standards of Residential and Commercial Docks, the following additional information is offered. Permits for the work are being applied for through the Town, US ACOE, NYS DEC and a coastal zone consistency determination by the NYS DOS. The new piles to be installed will be of sturdy, durable and stable materials; in all likelihood, CCA pressure-treated Southern Yellow Pine piles with new framing of the same materials. These members will be a minimum of 3 x 8's and more often, 3 x 10's with two ~/4" bolts or one 1" bolt per connection. This dock facility is a fixed, pile-supported timber pier and therefore does not adversely affect the free circulation of water or reduce the effects of fluctuating water levels. In addition, it does not present an adverse modification of the shoreline. The pier's elevation is such that in extreme high flood tides the structure might be flooded. The structure timber materials are specifically grown for this purpose and represent the standard of the industry. With the coimections described above, this structure will be able to survive repeated inundations and even incident waves at higher tide elevations. It is respectfully requested that the use of CCA pressure-treated piles and timbers be approved for this project. The pier will not be decked with CCA pressure-treated Southern Pine. This pier walkway provides a safe pedestrian surface for access to the berthed boat. The 15-foot property line offset clearance specified in this paragraph will be an issue because of the narrow frontage of the lot. This project has been laid out to make reasonable use of a small cove and reaches adequate water depth yet 3 maintains adequate clearance from existing structures and the likely area of new structures on adjacent properties. Upon receipt of the permit for this project, appropriate permit numbers will be affixed to the most seaward face of the pier for identification from the water. There are no permanent structures located above the pier decking other than the tops of piles, power post, lights and railing nor are any planned at this time. There is no room for a five-foot passage way on the upland to get around this pier and so access ability will be retained by keeping the pier high enough to allow foot traffic to pass beneath the structure. There is little room to walk along the narrow shoreline between the house and water at low tide; foot traffic in this area is rare, if at all. NYS DEC Tidal Wetlands Regulations - Sections 661.5 and 661.9 This project represents the construction of a new dock facility at the Moody property at the far south end of Silver Eel Cove. The dock facilities to be built include a pier and pier landing over the intertidal zone. The two outhaul piles will help hold the boat in place as shown in the application drawings. The wetland vegetation in the vicinity of the dock site does consist of isolated growth areas and does not constitute a "wetland"; the dock site is an "adjacent area". Piers for recreational boating at residential properties on the waterfront are considered to be generally compatible use in an adjacent area (AA) with a permit being required under Section 661.5 (b) (1), 15 and 24. Under Section 661.9, the standards for issuance of permits of NYS DEC regulations, the following are considered to be pertinent considerations. The policies are created to preserve and protect tidal wetlands and prevent their despoliation and destruction. Regulated activities will not have an undo adverse impact on the present or potential value of the affected tidal wetlands. Sporadic clumps of tidal wetlands vegetation does exist in the vicinity of the dock site at the toe of the bank interface between the existing stone seawall and the exposed rock-covered, sandy bottom sediments in the intertidal zone. This spartina patens vegetation however, does not constitute a tidal wetlands and, in any case, the proposed dock facility is clear of it. This dock facility construction project is compatible with public health and welfare policies of the State. The project complies with development restrictions contained in Section 661.6. Furthermore, the project is a waterfront dock facility structure and is compatible with the use of the site, zoning, and the long-standing use along the waterfront. This project will not have an undo or adverse impact on the present or potential value of nearby tidal wetlands vegetation. Town of Southold - Local Waterfront Revitalization Program These application documents include a copy of the Federal Consistency Assessment Form utilized for the New York State Coastal Management Program under the jurisdiction of the New York State Department of State. The following policies have been identified as pertinent to this application and the reason for consistency associated with this project is outlined in each respective case. Policy 2 -Water Dependent Uses - This project is to construct a fully functional water dependent use, a docking facility for recreational boating at this site. Policy 5 - Use of Existing Developed Shorefront - This project will be primarily to build a pier to a logical shoreward point of origin, the existing pier (which will be replaced) on the westerly side of the home, elevated well above sensitive habitat or tidal wetlands and make it safe and reliably usable in all weather conditions. Policy 7 - Significant Fish & Wildlife Habitat - Protection of significant fish and wildlife habitat has been considered in the development of this project layout. The pier's shore point of beginning will be at the toe of the steep bank with an initial landing for the stair and then a level segment to the ramp landing, with five feet of height will be maintained above bottom sediments between the mean high and mean low water lines. Policy 8 - Protection & Preservation of Habitat - Protection and preservation of habitat has also been considered in this project and the dock structure is being kept to its minimal configuration consistent with standards of the industry and restrictions set forth in the Wetlands Law, No. 6, 2004 set forth by the Town of Southold. The pier alignment has been laid out to suit the shoreline terrain and characteristics of the cove. The landside end of the pier is elevated as much as possible to allow stmlight to reach the bottom sediments. This is, however, a shaded shoreline in Silver Eel Cove. Policy 11 - Minimize Damage to Natural Resources - The shoreline is shaded by the trees from the east and south. The pier construction project has been laid out in such a way so as to minimize impact to natural resources as identified in Policy 7 above by alignment, light transmissive deck material, and elevation. The point of landfall is an existing pier beneath, trees on the steep bank. The higher end of the pier will cross will above the small fringe growth and the narrower hinged ramp will span submerged aquatic vegetation in the shallow sub-tidal zone where the dock facility is to be located. Policy '14 - No Measurable Increase in Flooding - This project consists of construction of an open wood pile and timber pier that will in no way adversely affect water flow and circulation or flooding potential of the area. Flood levels all around Fishers Island are dictated by water levels in Long Island Sound and Block Island Sound and this structure will have no adverse influence on those flood levels. Policy 15 - No Dredging - Dredging is not required in this project. The pier has been laid out and configured to avoid dredging requirements. The water in this cove does get appreciably deeper further out to the north. The pier is of adequate length to reach 4 feet of water and will not exceed the "25% width of waterway criteria"(US ACOE), more restrictive then the Tmstee's 33% criteria. Policy 19 - Impact on Public Access -Public access will not be jeopardized or impeded as a result of this project. As a matter of fact, there is almost no public access usage of the public trust lands or waters at this site. The intertidal zone hosts two small tidal wetlands fringe growth areas and the shallow sub-tidal waters do not present any opportunity or enticement for public access in the area. Thus, public access to the public trust lands and waters will not be adversely affected by the project. 5 Policy 20 - Public Trust Compatibility with Existing Adjoining Properties and Land Uses- Public Trust compatibility with borders and existing adjoining properties and land uses has also been considered in this project. This pier will not interfere with any existing or possible future facilities on immediately adjoining properties. This dock facility is situated and configured within the 25% of the waterway width from shore (US ACOE criteria), which is more restrictive than the Trustee's 33% criteria. Policy 21 - Water Dependent Recreation - This project is consistent with water-dependent recreational opportunities policies set forth in this section. The dock system will be used for recreational boating and water recreation. Policy 24 -Scenic Resources, Impairment or Loss -This policy is designed to prevent impairment or loss of scenic resources. The construction of the fixed wood pile and timber pier, will represent new encroachment or structure but one which will not create a loss of scenic resources below the horizon. The elevated inboard section will be largely obscured by the tree growth on the site on the bank and the other dock facilities in this cove. Policy 25 - Enhance Overall Scenic Quality - The new dock structure will be consistent with the scenic quality of the area and prevent loss of scenic resources as described in Policy 24 above. Policy 44 - Preserve and Protect Tidal Wetlands - It is acknowledged that the Sporadic fringe growth areas of spartina alterniflora along the shorefront is a valuable, though extremely limited, resource. The existing fringe growth and patches of spartina are certainly not acting as a marsh nor do they create a substantial amount of habitat but nonetheless, they will not physically be disturbed and the pier will remain in the footprint of the long-standing deck so as not to move closer to the sporadic clumps. The raised height of the pier should allow the continued health of the spartina fringe marsh adjacent to the wood pier. SUMMARY This project represents a new fixed pier and outhaul piles for recreational boating access for the Moody property on Fishers Island. A copy of all US Army Corps of Engineers, NYS DEC, and DOS and Town of Southold applications are attached as substantiation for this project. This project complies with applicable standards of the New York State Coastal Management Act, Town of Southold Local Ordinance No. 6, 2004 and Local Waterfront Revitalization Program and is a presumptively compatible use under NYS DEC Regulations Part 661; its approval is respectfully requested. Respectfully submitted, DOCKO, INC. Keith B. Neilson, P.E. 6 , RgHEI~S I~LAND ~SOUND N 1. ELEVATION DAI~JM I,~ AI:~A~ENT MEAN LO~V LOWER WA'TE~ (M~. 2 ~DE DATA IS T~ ~M ~ ~ ~ T~ ~: ~L~ ~ ~ 5. ~J~ D~: ~N~ ~ Of ~ ~DE ~ ~ ~ Of ~ ~DE ~ D~ ~ Of "" '-'' ": ' """ '"" ":: ..... ~ ~ H~ ~A~ ~NE. ' ..'.: - -' "~ .......... 4-. PI~OJF:6-T ThIS LG A IR~JVATE DOCK ~ IP~E:I~EA~ONAL TOWN BUILDfN~ I::~I2MiT I~L~.y BE I~EQUI~. PP~DPEI~r'Y MOODY and OUTHAU!.. I::'II_E~ I~IDD(ONH.~JANETH.~ DONALDI~CLEVELANIDjI~'"' '"' '~ :':"'-'"'."'%::' SP/s~KS, MD 2~1.52 STAMr-OI~, CT O~90D P-EWE, E~ COUNTY, NEW O I I I CONIZ21-r-IONS I EAJK~v'EY by C.,M~ ~1 ~=VATiONS A~E ~ ON MEAN LOW' ~R '~/ATER O'"ILL'~ !0/10/2012 9 37 AM N~F I::~IE[~ and OUTHAU1 I~1..~_~ .SUFFOLK C, OU NI'~, NEV/YORK N ~ ~L~ ~.o x E LJMIT~ AC~pP.D~MATE LJMIT~ OF EEL~RA55 OF DENSE E~.~p~ ~ UMrr~ SURVEY b~ GME ~'l'~ / EL~V^~.~ ~ ~ ON M~I LOW ~ WA~ ~ ~J~: N~ ~ and O~L ~ ~A~ON: R~ l~ ~D - T~ ~ ~ ~ ~, N~ Y~ WAi'~Ay: 5~ ~ ~ E~OCI(.O, INC. ~ CT 0~5355 8E~0 572 8939 FAX ~=0 572 '75~9 O~ 10/26/2012 12:20 PM WATF-J2WAy: FISFIE~5 ~O DATE: OC'FOB/~ 14 2011 ~: HIRAt"I F. MOOEFY EDOCKO, INC. Moody_4F dwg