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HomeMy WebLinkAbout1000-2.-1-12 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. & Xoungs Ave.) Telephone: 631 765-1938 Southold, NY 11971 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: June 17, 2013 Re: LWRP Coastal Consistency Review for HARRINGTON FAMILY LIMITED PARTNERSHIP, c/o DAVID HARRINGTON SCTM# 1000-2-1-12 Docko, Inc. on behalf of HARRINGTON FAMILY LIMITED PARTNERSHIP, c/o DAVID HARRINGTON requests a Wetland Permit and a Coastal Erosion Permit to reconstruct ±138LF of 5' wide fixed wood pile and timber pier including four batter braced tie-off piles and ladders waten+vard of the apparent high water line; relocate 4' wide stairs with a new 5'x4' fixed landing and reconstruct an existing t3.5' x t34' wood access ramp landward of the apparent high water line. Located: Private Road on Clay Point Road, Fishers Island. SCTM# 2-1-12 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 following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested.• A. 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 allowed under the relevant portions of 6 NYCRR 505.8. A portion of the proposed dock is within the Coastal Erosion Hazard Area (CEHA). All development is prohibited in the nearshore area pursuant to § 111-11. 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 oxen work suoaorts with a toa surface area of less than 200 square feet which are removed in the fall of each vear. Therefore, the dock, as proposed, is prohibited in the nearshore area pursuant to Chapter 111, COASTAL EROSION HAZARD AREAS as it is greater than 200 square feet and not removable. In the event that the action is improved it is recommended that an alternative to CCA pressure-treated pilings for the dock structure are required. 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 Towu 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 aze 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 prepazer 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~roposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal azea (which includes all of Southold Townl. 3. 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 eanlained in detail. Iistin¢ both suanortine and non-suanortin¢ 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 - 02 -1-12 PROJECT NAME: Pier Reconstruction- Harrington Family Limited Partnership The Application has been submitted to (check appropriate response): Town Board Planning Board Building Dept. Board of Trustees X 1. Category of Town of Southold agency action (check appropriate response): _ ; a) Action undertaken directly to Town agetta~+ Qe.g;ca$it~l construction, planning activity, agency regylalion, land transagtfoh) JUN 1 0~~13 a ~ , b) Financial assistance (e.g. grant loan subst}dy~r c) Permit, approval, license, certification: ° R Nature and extent of action: Construct a 138 LF of 5-FT wide fixed wood pile and timber pier includine four batter braced tie- off Hiles and ladders waterwazd of the apparent high water line. Relocate 4-FT wide stairs with a new 5- FT X 4-FT fixed landing and reconstruct an existin¢ wood access ramp landwazd of the apparent high water line. 1 Location of action: Property off of Private Road on Clay Point ' Site acreage: Parcel = 2,1 _ 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: Harrington Familv Limited Partnership C/o David Harrin on b) Mailing Address: 70 Rocky Hill Road Chadds Ford. PA 19317 c) Telephone number: Area Code (978) 505-9277 d) Application number, if any Will the action be duectly undertaken, require funding, of 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 The pier reconstruction makes appromiate beneficial use of an existing waterfront site and complies with environmental desiggn factors published by the NYS DEC and the DOS Coastal Management Program Southold Local Law No 6 2004 and the Southold LWRP The g<ier will be built to a 4-foot deck height (8 FT MLW elevation levellover the bottom sediments at the apparent high water line until passing the apaazent mean high water line where the clearance will be approximately 5 feet and gradually increasing Rails will be 42 inches above the deck. There will be no impairment of waterfrow or navigation. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LW1tP Section III -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 A pier has existed at this site for decades since before current Town regulation permitting programs or the LWItP. This project proposes to reconstruct the deteriorated dock facility to meet current standazds consistent with safe boating and public access standards and typical climatological conditions. The pier will also be typical in construction to docks in similar coastal waters. 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 These Hier reconstruction will take place in West Harbor and is acknowledeed to be in a flood-crone area; there is no wave exuosure at this site The Hier reconstruction will be designed to accommodate comvlete submersion and resist hvdrostatic and hydredyna*~c uplift pressures due to flooding_The height of the decking is svecifically tailored to be above hieh tide storm and waves so as to minimize it susceptibility to damaee in such conditions. 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 X Not Applicable This nmiect will not have anv affect on suitability of or availability of drinking water on Fishers Island Policy 6. Protect and restore the gaslity 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 • This project is consistent with this ~olicv because it proposes the elevation of the Qier reconstruction at an acceptable height above the bottom sediments through which adiacent tidal wetlands vegetation may spread The deck height will also allow sivnificantly improved light passave which will be conducive to growth of eel Brass in the shallow nearshore waters The dock site however is so rocky and so heavilx shaded by brush. understone vegetation and trees surrounding the cove, that tidal vegetation alone the shoreline is minimal. No adverse impact on tidal or submerged vegetation is anticipated as a result of the proposed proiect In addition the NYS DEC prepared a studKshowiny that the proposed pressure treated Southern Pine timber products construction materials aze suitable for this type of project in this location. except for deckinv which will be of untreated woods or composite (or plastic) materials As mentioned eazlier the design parameters shown on the drawings provides an optimum balance between acceptable desian and access standards without de~rivinv the wetlands vegetation the opportunity to spread. 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 aze no air quality issues reeated to this r~oject. No emissions will be venerated by the dock fac'li 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 venerated from this project The pressure-treated wood trimming from the dock construction will be collected and disposed of in accordance with current revolutions so as to minimise 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 4 iuis protect is petng nuut emananng_trom private land with adecLuate clearance for passage alone the beach beneath the framing '['he public trust lands and waters constitutes the area between the mean hitdt water line and mean low water line and the resources aze from the high tide line, out. These environmental resources aze being~trotected by the design standazds dictated by the NYS DEC and the Town There is virtually no public use of the waterfront in this area and the reconstruction of the Hier and landwazd extension above the~nazent high water line are not likely to influence or change this fact. WORHING 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; Pagea 47 through 56 for evaluation criteria. X Yes No Not Applicable This proiect is to reconstruct a Hier for water-dependent recreational and transportation boatine. This u_saee is defined as water-dependent in the LWRP because the pier reconstructi n will be for recreational boating and provide boat transportation access to the mainland. The Hier to shore is to provide access while pmtectine existing habitat. 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 b2 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 aauaculture industries or enterprises Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP 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 anv energy or mineral mining or processing operations. PREPARED BY Keith B. Neilson. P.E. Docko, lnc. TITLE Agent DATE Februarv 2013 5