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HomeMy WebLinkAbout1000-9.-3-1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southald, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southald, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: February 15, 2013 Re: Proposed Wetland Permit and Coastal Erosion Permit for HAY HARBOR CLUB SCTM#1000-9-3-1 J.M.O. Environmental Consulting Services on behalf of HAY HARBOR CLUB requests a Wetland Permit and a Coastal Erosion Permit to reconstruct and realign a 5'x105' dock which was destroyed by Hurricane Sandy by constructing a 5'x30' elevated timber walk; a 4'x100' timber walk on grade and to remove and dispose of existing wood walk and to connect proposed walk to existing walk as required. Located: 990 Fox Avenue, Fishers island. SCTM# 9-3-1 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 me, it is my recommendation that the proposal is INCONSISTENT with LWRP Policies 4.1 (below) and therefore, INCONSISTENT with the LWRP. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The fo/lowing management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically a/lowed under the relevant portions of 6 NYCRR 505.8. Although the action is a water dependent use, the location of the proposed deck is within the Coastal Erosion Hazard Area (CEHA) and will be constructed in the nearshore area and on the beach. All development is prohibited in the nearshore area pursuant to § 111-11. and beach pursuant § 111-12 unless specifically provided for by Chapter 111, COASTAL EROSION HAZARD AREAS. Pursuant to § '111-6, allowable activities in these areas may include open timber piles or other similar open work supports with a top surface area of less than 200 square feet which are removed in the fall of each year. Therefore, the dock, as proposed, is prohibited in the nearshore area and on the beach pursuant to Chapter 111, COASTAL EROSION HAZARD AREAS. § "1tt-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 implementation 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. 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 All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that am subj~t 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 detemfinafion of consistency. *Except minor exempt actions including Building Permits and other ministerlal permtts not located within the Coastal Erosion Hazard Area. .;Before answe~n~ the questions in Section C, the p~par~r of this form. should review the exempt · nlnor action list, policies and explanations of~mch policy contain~xl in the Town of Southold Local Waterfront Revitalization Program. A proposal a~don will be eval,_,~i, as to it~ significant b~a~¢ial and adver~ eff~s u~n ~e ~astal area (which iaeludes all of Sou~hold Town). 3: If any question ia Selden C on this form is answe~d "yes" or "no", thea the proposed action will affect the aehieveraent of the LWRP policy stands,ds and conditions eonmin~l in the consistency t~,,i~w law. Thus~ each answ~ mu~ be explaia~nl in d~l, lisflag bo~ supporting and non- su~ortin~, fac~ ffan action cannot be certified as consisteat wilh the LWRP policy standards and conditions, it shall not be under, ken. A copy of the LWRP is available' in the following plac~ · ,~.li.~*~*h. TO~-~_ local libraries and the Town Clerk s o~iee. '~,ltI~l D SCaU'nONOr srr nm) tmoms mAc-no,n,/Ual dall 2 9 z01a The Applieation has bee~ submitted to, check appropriate response): 1. Cat~:gy of Town of Southold ag~f~n (dae~k appro~'~n~): Action undedaken dLn:ctly by Town agency (e.g. capital construction, plan~in~ a~ivlty, ageacy regn,!afion, land transaction) .Co) Fin~-oial assistance (~.g. gram, loan, subsidy) ~ ~ 1. (c) Permit, approval, license,,x~flc~ion:' Nature aud extent of action: I / ~ Applicant proposes to r~construct~,d._ realign a 5'x105' by Storm Sandy by constru6tin~ a 5'~30' e~tevated walk, dock a 4'x100' timber walk on grade and to remove and dispose of existin~ wood walk and to connect proposed walk to existing as required 990 Fox Avenue, Location of acfiom 9.7 S~ amigo: Club Present zonin~ cl~[ficatio~ Fishers Island R-80 If an application for the proposed action has been filed with the Town of Southold agency, the followin4g informafon sh~l be provided: (a) Name of applicant: Hay Harbor Club P.O. BOX 477 ~) Msllln_o addr~: Fishers Island, NY 06390-0477 (¢) Tel~pho~mnum~.AnmCo&( ) 631-788-7323 (~ Applicafi0~l mlmb~, ifsn~, unknown Will the action be directly undemken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? N. Y. S. r). w.. C. 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 CO~ST POLICY Policy 1. FOster a pattern of development in the Town of So. uthold that enhances community character, preservea open space, makes efficient use of infrastructure, malo~ beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III- Policies; Page 2 for evaluation criteria. ~ Y~ [] No [] Not Applicable The project does not involve i'development" and should have no impact uDon open sDacev the Chara~p~ of ffh~ ~mmnni~y ~tC T~ Attach additional she~s if necessary Policy 2. Protect and preserve historic and archaeological resource~ of the Town of Southold. See LWRP Section HI ~ Polici~ Pages 3 through 6 for evaluation criteria [] C1 so 1-] ot*ppllca le The project will have no impact on any histnrJ~ nr . a~h~nlng~n~l ~:n"~gS. It is felt that tkc projcct is consistent with th~ p~licy At, ch additional sheets ifnece~ary Policy 3. Enhance visual quality and protect scenic resourec~ throughout the Town of Southold. Sec LV(RP Section HI - Policies Pages 6 through 7 for evaluation criteria ~ Yes [] 'o ~'~ Not.Applicable The Droie~ will nnh n~q~vely impa~ ~ny ~m~n~ ~,,~ impact the visual quality of the Town. It is felt that this project is consistent with this policy Attach additional she~ if n~e~ 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 [] Not Applicable The project involves the reconstruction of a storm damaged dock. The proiect will not properties, will not create any aes~h~ti~ impairm~nts~ th~r~ shall be no loss of habitat(marine or wet~ands) and there shall be no loss of Public recreational resources. It is felt that thim prnj~t i~ ~nnq(:fmnf Attach additional sh~ts if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No []Not Applicable The oroiect will have no potable water. It is felt that this.policy upnn fhm q,,mlify nr q,,~ntity of this Droiect is consistent With Attach ~ sheets ffnec~aazy Policy 6. Protect and restore the' quality and function of the Town of Southold ecosystems ineinding Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section ~I - Policies; Page~ 22 through 32 for evaluation criteria. Yes No Not Applicable The project shall have no negative impacts upon quality or function of any wetlands, ecosystems or of Sionifi~nt COastal Figb =n~ w~l~l~{e uabit~tm. It is felt that th~s project iq ~n~=~n~ ~h ~h~ Polity 7. Protect and improve air quality in the Tuwn of Soathold. See LWRP Seetioa llI- Polieks Pages 3.2 through 34 for evaluation criteria. The project shall, have no impact upon air guality. It poli.¢y Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of SouthoM from solM wnst~ omi haznrdom sulmmces and wsstm. See LWRP Section !II- Policies; Pages 34 thFough 38 for evahafion crlteFh. ~-~ Yes [-'] No ~'] Not Appnctble of properlv and no hazardon~ Snh~t~n~s or w~gtm~ ~r~ invg~ed with the proj.ect. It is felt that this DroJ~ is consistent with this po]~y 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 HI - Policies; Pages 38 through 46 for evaluation criteria. [] Y~--~ NO [] Not Applicable The project will have no impact upon public access to lands or the public resources of the Town. It is felt that this proi~_ct policy Attach additio~l sl~-~s if necessary COAST POLICIES Policy 10. Pro~ec~ Southold's mr-dependent uses and promote siting of new water-dependent uses in mdtable locations. See LWRP Section m- Polk;-k~; Pages 47 fltrough $6 for evaluation criteria. [] Yes [] No [--] Not App~enble The project will have no impact upon Southold's water-dependent uses or the siting of new water-dependent uses in.suita,ble locations. I~ is f~]~ ~h~ ~hi~ proj~_ct is consistent with ~his policy Attach additional ~ if ~ Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Torsi waters. See L%¥RP Section l~ - Policies; Pages S7 through 62 for evaluatlan criteria. [-~ Yes ['-] NO [--] Not Applicable ' The project will have no impacts upon the substainable use of living marine resources. It is felt that this Drofiect is ~Qnsistent with this policy Atlaoh .cldltional sheets if neoessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. The Dro~ect does not involve agricultural land. It is felt that this. policy is not appicable to this prosect Attach additional shoots if nocos,xary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section IH- policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable The pro~ect does not involve the 'use of or the development of energy or mineral resources. It is felt that this policy is not applicable to this PREPARED BY Glenn E~ Just TITLE agen~ DATE..LL2_~ ITE 1.) THIS SURVEY WAS PREPARED FOR ~ F ENGAGEMENT. 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN ITEM IN ANY WAY. 5.) ONLY COPIES OF THIS SURVEY MARKED W1TH THE LAND SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED or INK SEAL ARE THE PRODUCT OF THE LAND SURVEYOR. 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC SURVEY TRIANGULATION STATION "PROS". 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, SECTION 009, BLOCK 5, LOT 1. 6.) TOTAL AREA = +9.7 ACRES. 7.) BASE FOR LEVELS - MLLW CMI '% REVISIONS I PLAN OF PROPOSED DOCK REPLACEMENT PREPARED FOR HAY HARBOR CLUB 990 FOX AVENUE FISHERS ISLAND, NEW YORK CME Associates Engineering, Land Surveying & Architecture, PLLC DATE: 0~/o2/~31 SCALE:AS .OTEOI SHEET: 1 OF 5 JOB I~2012854 [ --- 4. --- EXISTING CONTOUR x 9.2 EXISRNG SPOT GRADE ELEVATION APPROXIMATE OF TIDAL HIGH WATER LII~IE EXISTING FIXED :~6' WIDE WOOD DOCK TO REMAIN MF.~ HIGH APPROXIMATE APPARENT LOW WATER UNE EXIS~NG CONCRETE FOUNDA~ON ROCK SHORE PROTEC~ON APPROXIMATE LOCA~ON OF ±105 LF OF DESTROYED DOCK 30 15 0 50 GRAPHIC SCALE IN F,~:~.i REVISIONS I i I / ! I I I PLAN OF PROPOSED DOCK REPLACEMENT PREPARED FOR HAY HARBOR CLUB 990 FOX AVENUE FISHERS ISLAND, NEW YORK ~TE: m/o2/~31 sc~e~'=3o' J S.EZT:2 o~ 5 CME Associates Engineering,  Land Surveying & C Architecture, PLLC JOB ~2012854 I ~.~,.o~,..~,~.*.~.=rm.. ~ x 9,2 EXISTING CONTOUR EXISTING SPOT GRADE ELEVATION PIUNG TO BE SET OF TIDAL EXISTiNG FIXED ±6' WlDE WOOD DOCK TO REMAIN UF. AN HIGH IOW WA'IER UNEEi.~V.~.O)' EXISTiNG CONCRETE FOUNDATiON ELEVATED VKXX) (a.L=V, V~S S~ S~mT 4) ROCK SHORE PROTEC'flON APPROXIMATE LOCATION OF +105 LF OF DESTROYED OOCK PROPOSED 4' WDE X +100' ~ WOOD WALK (a. ZV, W~S Sa[ s~r 4) w(x3O WALK 30 15 0 30 GRAPHIC SCALE IN FEET REVISIONS I I PLAN OF PROPOSED OOCK REPLACEMENT PREPARED FOR HAY HARBOR CLUB 990 FOX AVENUE FISHERS ISLAND, NEW YORK / / '--\ EXISTING WOOD WALK DATE: 01/02/1.3I SCALE:l"-- 50' I SHEET:3 OF 5 i I I , PROPOSED DOCK CME Associates E'nginecring, Land Surveying & Architecture, PLLC JOB ~2012854 I ==~.m.,o¢..~.~.~.~c~o~ p~os~ P~ (6) PROPOSED / ~ 4' ~ X ~1~ ~l I EXISTING PILE F~ ~ AT ~E / / ~ TO REMAIN EXlSnNG h ], ~; [1 EXISTING WOOD DOCK ~OD WALK~ : h TO REMAIN ~P~ UM~ ~~ ~ H ~ !~ ~]~ELEV.=~6,~ ~ ~ ~ ~ ~ ~ ::::::::::::::::::::::::::::::::::::::::::: ........ ~.: .......... ~..--~ ....... ,7 ....... ~ :.. :[" ~: .. ~ "~ 0+00 0+50 1+~ 1+50 1+75 ~ 15 o 30 REViSiON S PROPOSED DOCK PRO~LE I I I P~N OF PROPOSED ~CK REP~CEMENT C~Ass~J~t~ PREPPED FOR ~90 FOX AVENUE HORZ.=I'=30' ~ ~a,~.~[aam~ ~ISHERS IS~D, N~ YORK VERT.=I DATE: 01/02/13] S~:AS .O~EDI ~EET:4 OF PLAN VIEW-- WALK At"11.I S_/4" DECKIIdP- NOT TO SCALE 4*' VJD~ WAlK ~tTH 5/4' DECKING NOT TO SCALE ~lmI WALK WITH 5/4' DEC~ING (FLFVATED~ NOT TO SCALE REVISIONS t I I PLAN OF PROPOSED DOCK REPLACEMENT PREPARED FOR HAY HARBOR CLUB 990 FOX AVENUE FISHERS ISLAND, NEW YORK ~A~ o~/o~/~I sc~:.~s [ st~:5 o~ 5 CME Associates Engineering, Land Surveying & Architcctm~, PLLC ,JOB ~2012854 I --~ 4 --- EXJS'nNG CONTOUR x 9.2 E~XISTING SPOT GRADE ELEVATION N~XIMATE UMITS OF TIDAL APPARENT HIGH WATB~ LIN_E_(.AI.I~_ _~ E~STING FI~ · 6' ~DE WO~ DO~ TO REMNN M~ HI~ WA~ N~:~OXIIdATE APPARENT LOW WA'I~R UNE EXISTING CONCR£'I~ FOUNDATION ('PfP ROCK SHORE PROTECTION APPROXIMATE LOCATION OF · 105 LF OF DESTROYED DOCK 30 15 0 30 GRAPHIC SCALE IN REVISIONS I PLAN OF PROPOSED DOCK REPLACEMENT PREPARED FOR HAY HARBOR CLUB 990 FOX AVENUE FISHERS ISLAND, NEW YORK ,,\ I 1 I / / / I ( il dAN 2 9 2013 EXISTING I WOOD WALK J I '~-~ uoard of Tr'~te~ EXISTING CONDITIONS CME Associates Engineering,  Land Surveying C Architecture, PLLC JOB ~[2012854. 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