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Home My WebLink About1000-47.-2-28OFFICE 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 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: John Bredemeyer, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: February 12, 2015 Re: Local Waterfront Revitalization Program Coastal Consistency Review BARBARA B. DAI & JOSEPH DAI LIVING TRUSTS SCTM# 1000-47-2-28 En -Consultants on behalf of BARBARA B. DAI & JOSEPH DAI LIVING TRUSTS requests a Wetland Permit to construct approximately 101 linear feet of vinyl bulkhead approximately 1 to 2 feet landward of existing timber bulkhead to -be removed (to align new bulkhead with,adjoining bulkheads), and place as backfill landward of new bulkhead up to 10 cubic yards of clean sand fill to be trucked in from an approved upland source and approximately 35 cubic yards of existing 'soil. material to be excavated from behind existing bulkhead to be removed; restore end maintain existing 10' wide non -turf buffer landward of new bulkhead; and construct new fixed timber dock equipped with water and electricity, consisting of a 4'x50' fixed timber catwalk with a set of 4'x12'. steps to beach on landward end; a seasonal 3'x20' ramp; and seasonal 6'x20' float (both to be installed seasonally between April 1 and October 1 each year), secured by two 2 -pile dolphins using 10" diameter piles. Located: 1465 Shore Drive, Greenport. SCTM# 1000-47-2-28 The proposed action to construct approximately 101 linear feet of vinyl bulkhead approximately 1 to 2 feet landward of existing timber bulkhead to be removed (to align new bulkhead with adjoining bulkheads), and place as backfill landward of new bulkhead up to 10 cubic yards of clean sand fill to be trucked in from an approved upland source and approximately 35 cubic yards of existing soil material to be excavated from behind existing bulkhead to be removed; restore and maintain existing 10' wide non - turf buffer landward of new bulkhead is CONSISTENT with the LWRP policies: Aerial photos indicate that a dock structure was located on the parcel up to 1984 (see figure1) prior to the adoption of the Local Waterfront Revitalization Program. Figure 1. Remnants of dock shown on the parcel in 1984. A larger dock structure was located on the parcel in 1974 (figure 2). Figure 2. Dock structure on parcel in 1976. No permits were found for the dock structure. The applicant's agent references four dock reconstructions and/or repairs in the vicinity of the proposed dock. It is my determination that the proposed action to construct new fixed timber dock equipped with water and electricity, consisting of a 4'x50' fixed timber catwalk with a set of 4'x12' steps to beach on landward end; a seasonal 3'x20' ramp; and seasonal 6'x20' float (both to be installed seasonally between April 1 and October 1 each year), secured by two 2 -pile dolphins using 10" diameter piles are INCONSISTENT with the below listed LWRP policy standards; 9.1 (B), 9.2 (A.1 and A.3), 9.3 (A, B, D, E and F) and 9.4 (A and E) and therefore is INCONSISTENT with the LWRP. 9.1 Promote appropriate and adequate physical public access and recreation to coastal resources. B. Provide convenient, well-defined physical public access to and along the coast for water -related recreation. Access to the waterbody is available at the end of Silvermere Road to the northeast of the property. 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. A. Limit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water. Use the following factors in assessing potential adverse impact: 1. environmental impact, The action would result in impacts to benthic organisms in the construction of the dock (piles) and from shading of the substrate. 2. values for natural resource management, public recreation, and commerce, 3. size, character, and effect of the transfer in relation to neighboring uses, 4. potential for interference with navigation, public uses of waterway, and riparian rights, Dock structures impede and interfere with public uses of waterways. The applicant enjoys access to public waters currently and access is available to public water from the parcel and at the end of Silvermere Road. Opportunities to seasonally moor vessels are available. 5. effect of the transfer of interest on the natural resources associated with the lands, 6. water -dependent nature of use, The parcel is improved with a residential structure and in not water dependent. 7. adverse economic impact on existing commercial enterprises, 8. consistency with the public interest for purposes of navigation and commerce, fishing, bathing, and access to navigable waters and the need of the owners of private property to safeguard development. B. Limit the transfer of interest in public trust lands to the minimum necessary conveyance of public interest. 2. Limit the physical extent of any conveyance to the minimum amount of land necessary. Seasonal open water moorings for vessels are available. D. Retain a public interest in the transfer of interest in underwater lands that will be adequate to preserve public access, recreation opportunities, and other public trust purposes. E. Private uses, structures, or facilities on underwater lands are limited to those circumstances where ownership of the underwater lands or riparian interest has been legally validated either through proof of ownership of the underwater lands or adjacent riparian parcel, or by assignment of riparian interest by the riparian owner. The dock structure is proposed on public underwater lands. F. Avoid substantial loss of public interest in public trust lands by assessing the cumulative impact of individual conveyances of grants, easements, and leases of public trust lands. Conglomerate dock structures could result in public exclusion areas due to placement, orientation and length from the shoreline. 9.4 Assure public access to public trust lands and navigable waters. A. Provide free and substantially unobstructed passage along public trust shorelands. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. The LWRP does not support the construction of private, dock structures over/in the public trust lands and waters in Peconic Bay (Pipes Cove). Structures located within these areas suffer repetitive damage and loss during storm events. Further, the dock structure will result in the loss of public use of public waters and underwater lands. The LWRP supports the use of seasonal moorings and the mooring of vessels in nearby marinas. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed actions. Cc: Lori Hulse, Assistant Town Attorney ff Town of Southold li ig LWRP CONSISTENCY ASSESSMENT FORM p A. INSTRUCTIONS 1. All applicants for perm its* including Town of Southold agencies, shall proposed actions that are subject to the Town of Southold W aterfront Consistency Review Law, This assessm ent is intended to supplem ent other inform anon used by a Town of Southold agency in m a k i n g a d e t e r m i n a t i o n o f c o n s i s t e n c y, *Except 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 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 icant 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 - supporting 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 ACTIO )1JL-j V� SCTM# 47 - 2 _ 28 I, PROJECT NAME Barbara B. Dai & Jose h Dai Living Trusts JAN 2 2 ?ply The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board ❑ Building Dept. ❑ Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by 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: Nature and extent of action: Construct approximately 101 linear feet of vinyl bulkhead avoroximate4v 1 to 2 feet landward of existine timber bulkhead to be removed (to align new bulkhead with adjoining bulkheads) and place as baZ'kfft9idward of new bulkhead up to 10 cy of clean sand fill to be trucked in from an approved upland source and approximately 35 cy of existing soil material to be excavated from behind existing bulkhead to be removed; restore and maintain existing 10' nonturf buffer landward of new bulkhead; and construct new fixed timber dock (equipped with water and electricity), consisting of a 4' x 50' fixed timber catwalk (with a set of 4' x 12' steps to beach on its landward end), a 3' x 20' ramp (to be installed seasonally between April 1 and October 1 each year), and a 6' x 20' float (to be installed seasonally between April 1 and October 1 each year) secured by two 2 -pile dolphins (10" diameter piles), all as depicted on the project plan prepared by En -Consultants, dated January 13, 2015. 2. Location of action: 1465 Shore Drive, Greenport Site acreage: 13,110 s.f. Present land use: Residential, single family dwelling Present zoning classification: R-40 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: Barbara B. Dai & Joseph Dai Living Trusts (b) Mailing address: c/o Barbara Dai, Trustee 1465 Shore Drive, Greenport, NY 11944 (c) Telephone number: Area Code 631-477-2130 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No ❑ If yes, which state or federal agency?NYS DEC, USA COE, NYS DOS 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. F]Yes 1:1No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary 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 ❑ Not Applicable See attached. Attach additional sheets if necessary 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 ❑ Not Applicable The project seeks to replace an existing, permitted timber bulkhead (Town Wetlands Permit No. 300) with a vinyl bulkhead to be located 1 to 2 feet landward of the existing bulkhead and thus in line with the neighboring bulkheads, for the purpose of maintaining the property's historical and permitted method of protection against erosion and flooding. The existing, developed site has been improved with and supported and protected from flooding and erosion by a bulkhead since prior to 1977, and there is no viable non-structural alternative means of maintaining and protecting the upland portion of the property in its current location. Without replacement and maintenance of the bulkhead, the subject and adjacent properties would be exposed to severe erosion, flooding, and damage to the residential structures located thereon. Therefore the project is consistent with Policy 4. Attach additional sheets if necessary 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 ❑ Not Applicable To the extent that Policy 5 is applicable, the project is consistent because the dock will be constructed with untreated decking and the existing treated timber bulkhead will be replaced with a bulkhead constructed with untreated vinyl sheathing, as required by Chapter 275 of the Town Code. Attach additional sheets if necessary 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. ® Yes ❑ No ❑ Not Applicable LWRP Consistency Assessment Form Addendum for BARBARA B. DAI & JOSEPH DAI LIVING TRUSTS 1465 SHORE DRIVE GREENPORT, NY 11944 SCTM #SCTM 1000-47-2-28 Policy 3: The proposed dock would be located along a historically developed shoreline characterized by 4 other existing docks located within a 400 I.f. radius of the subject property, including 3 floating docks located within 4 properties to the southwest. All 3 of the neighboring southwesterly properties have been characterized by a dock since at least 1976, and all 3 exist in their current form with the benefit of Town Wetland Permits that allowed previously existing fixed docks to be reconstructed and extended with new ramps and floats, including those issued for 1555 Shore Drive (Permit 333, as amended November 25, 1996); 1755 Shore Drive (Permit 6829, February 27, 2008); and 1875 Shore Drive (Permit 5418, September 19, 2001). The fixed dock located two properties to the northeast at 1265 Shore Drive was recently repaired pursuant to Permit 7766, issued April 18, 2012. A dock also previously existed on the subject property during the late 1970s and 1980s, as evidenced by an aerial photograph provided by Aerial Image Resources, dated April 6, 1976; a survey prepared by Roderick Van Tuyl, P.C., dated June 23, 1982; and on plans submitted to the Board of Trustees in 1986 as part of an application for a bulkhead replacement within 18" on the subject property. Therefore, the dock would be in harmony with the visual quality of the surrounding developed shoreline as it has been historically established and more recently permitted. Policy 6: The proposed dock would be located along a historically developed shoreline characterized by 4 other existing docks located within a 400 I.f. radius of the subject property, including 3 floating docks located within 4 properties to the southwest. All 3 of the neighboring southwesterly properties have been characterized by a dock since at least 1976, and all 3 exist in their current form with the benefit of Town Wetland Permits that allowed previously existing fixed docks to be reconstructed and extended with new ramps and floats, including those issued for 1555 Shore Drive (Permit 333, as amended November 25, 1996); 1755 Shore Drive (Permit 6829, February 27, 2008); and 1875 Shore Drive (Permit 5418, September 19, 2001). The fixed dock located two properties to the northeast at 1265 Shore Drive was recently repaired pursuant to Permit 7766, issued April 18, 2012. It should also be noted that a dock previously existed on the subject property during the late 1970s and 1980s, which was originally permitted by the New York State DEC on June 13, 1975. As evidence of its presence during that time, the dock appears on an aerial photograph provided by Aerial Image Resources, dated April 6, 1976; a survey prepared by Roderick Van Tuyl, P.C., dated June 23, 1982, and on plans submitted to the Board of Trustees in 1986 as part of an application for a bulkhead replacement on the subject property. Due to the presence of these neighboring permitted docks, the proposed dock will create no impacts on navigation; the height of the dock over the beach and steps proposed at the landward end of the dock will maintain public pass and repass along the shoreline; and as required by the Board of Trustees in relation to the ramp and float extensions that were approved by Wetland Permits 5418 and 6829 referenced above, the proposed ramp and float would be installed only seasonally each year between April 1 and October 1. Given these considerations, together with the absence of vegetated wetlands and submerged aquatic vegetation within the vicinity of the proposed dock, the installation of the dock would not cause a "fragmentation of ecological communities;" result in the physical loss, degradation, or functional loss of ecological components; or otherwise adversely impact the wetlands or tidal waters of the Town. Regarding the proposed bulkhead replacement, the above referenced 1986 application for bulkhead replacement resulted in Wetlands Permit No. 300 (copy enclosed), which authorized construction of the existing bulkhead that protrudes seaward of the adjoining bulkheads. However, the current application proposes to remove the existing treated timber bulkhead and replace it with a vinyl bulkhead that will be realigned with the adjoining walls, thereby restoring one to two horizontal feet and approximately 150 square feet of existing upland to beach, an obvious environmental benefit to the adjacent unvegetated tidal wetlands and waters of the Town. Therefore, the project in its entirety will be consistent with Policy 6. See attached. Attach additional sheets if necessary 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 ® Not Applicable Attach additional sheets if necessary 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 ® Not Applicable 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 ❑ Not Applicable Due to its proposed location and scope being consistent with the similarly configured neighboring docks, the dock will have no impacts on navigation; and the height of the catwalk over the beach and steps provided at the landward end of the dock will allow for pedestrian pass and repass to be maintained along the shoreline. And the new bulkhead is proposed to be located 1 to 2 feet landward of the existing permitted bulkhead and in line with the neighboring bulkheads, thus eliminating its existing seaward protrusion relative to the adjacent walls and providing an increase in the width of the beach seaward of the bulkhead. The project is therefore consistent with Policy 9. Attach additional sheets if necessary 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. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary 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 ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PREPARED BY Amended on 811105 TITLE Coastal Mgmt. Specialist DATEJanuary 15, 2015 - — NOTICE o a COUNTY OF SUFFOLK U x oa a. soumo�n 1Or Real Property Tax Se-ce Agency'_v K.y3 PROPFRi JOSEPH AND BARBARA DAI, 1465 SHORE DRIVE, GREENPORT Figure 1. Looking northwest from Pipes Cove over location of proposed dock and toward existing bulkhead to be replaced. Figure 2. Looking southeast from upland toward Pipes Cove and over locations of proposed dock and existing bulkhead to be replaced JOSEPH AND BARBARA DAL 1465 SHORE DRIVE, GREENPORT Figure 3. Looking northeast at face of bulkhead to be replaced and at existing return to be eliminated via landward realignment of new vinyl bulkhead. Figure 4. Looking southwest along top of bulkhead to be replaced and at existing return to be eliminated via landward realignment of new vinyl bulkhead. JOSEPH AND BARBARA DAI, 1465 SHORE DRIVE, GREENPORT Figure 5. Aerial view of fixed dock on subject property and neighboring fixed docks to southwest on April 6, 1976. Photo by Aerial Image Resources. Figure 6. Aerial view of subject property and neighboring floating docks to southwest on June 19, 2014. Photo by Google Earth.