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OFFICE LOCATION:
MAILING ADDRESS:
��� O Ol0 P.O. Box 1179
Town Hall Annex ,
Age
" Southold,NY 11971
54375 State Route 25 :�
(cor. Main Rd. &Youngs Ave.) G i
Q Telephone: 631 765-1938
Southold, NY 11971 � �l� ; � .,,� �a���� p
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LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: William Duffy, Town Attorney
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: June 11, 2015
Re: Local Waterfront Revitalization Program Coastal Consistency Review for Strauel/CEM
Appeal
SCTM# 1000.-24-2-21
Note that the 97' section of the dock is mislabeled as a Catwalk. By definition, Chapter 275
defines a Catwalk as an elevated walkway, usually built to gain access to a commercial or
residential dock, built at a fixed height above grade and which is constructed landward of the
high-water mark. The dock"catwalk" extends into Orient Harbor below the high water mark.
On March 18, 2015, the Town of Southold Board of Trustees issued a Wetlands Permit
pursuant to Chapter 275 Wetlands and Shorelines of the Southold Town Code and in the
decision determined that the action was CONSISTENT with the LWRP under that review. A
Chapter 111 Coastal Erosion Hazard Area permit of the Southold Town Code was denied for
the action and a variance from the Town Board is being sought.
The proposed action to construct a fixed timber dock consisting of a 4'x97' fixed timber catwalk
with two sets of 4'x6' steps at landward end; a 3'x14' ramp; and a 6'x20'float secured by two
(2)-pile (10" diameter) dolphins was reviewed pursuant to Chapter 268, Waterfront Consistency
Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program
(LWRP) Policy Standards and was recommended as INCONSISTENT with LWRP policy
standards: 4.1, 6.1 (A.2, and A.3), 6.2, 9.3 (A),.
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Figure 1. Subject property in proximity to Orient Wharf
The location of the proposed dock is within the Coastal Erosion Hazard Area (CERA) and will be
constructed in the Nearshore area. All development is prohibited in the structural hazard area-
Nearshore area pursuant to § 111-11 unless specifically provided for by Chapter 111,
COASTAL EROSION HAZARD AREAS.
•
Pursuant to.§ 111-6, allowable activities within the Nearshore area may include "docks... built
on floats, columns, open timber piles or other similar open work supports with a top surface area
of less than 200 square feet. The dock will occupy approximately 586 square feet of Orient
Harbor, and as proposed, is prohibited in the nearshore area pursuant to Chapter 111,
COASTAL EROSION HAZARD AREAS.
The purpose of Chapter 111, outlined below, supports the INCONSISTENT recommendation
recognizing the threat of structural loss in these areas and speaks to minimize the threat. They
- include:
A. Establish standards and procedures for minimizing and preventing damage to structures from
coastal flooding and erosion and to protect natural protective features and other natural
resources.
B. Regulate, in coastal areas subject to coastal flooding and erosion, land use and development
activities so as to minimize or prevent damage or destruction to man-made property, natural
protective features and other natural resources and to protect human life.
C. Regulate new construction or placement of structures in order to place them a safe distance
from areas of active erosion and the impact of coastal storms to ensure that these structures are
not prematurely destroyed or damaged due to improper siting, as well as to prevent damage to
natural protective features and other natural resources.
. 'i
D. Restrict public investment in services, facilities or activities which are likely to encourage new
permanent development in erosion hazard areas.
E. Regulate the construction of erosion protection structures in coastal areas subject to serious
erosion to assure that when the construction of erosion protection structures is justified, their
construction and operation will minimize or prevent damage or destruction to man-made
property, private and public property, natural protective features and other natural resources.
The action is not supported by the below LWRP policies.
6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats.
The importance of the Orient Harbor habitat has been recognized through the New York
State designation of the area as a Significant Coastal Fish and Wildlife Habitat.
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 structure is located within the Coastal Erosion Hazard Area and
would be subiect to storm surge and potential repetitive damage from
large storms.
• 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, ,
A map showing the location of the dock in relation to the Orient Harbor
mooring field and Orient Wharf has not been provided. The ability to
assess the navigational impacts to these areas in currently unknown.
Mean low water at the dock terminus ranges from 3.0' to 3.5'.
5. effect of the transfer of interest on the natural resources associated with
the lands,
A private, dock structure in this location would extend into public waters
resulting in a net decrease in public access, recreation and use of natural
resources of public underwater lands and the nearshore area.
6. water-dependent nature of use,
The single family residence requesting the private, dock is not a water
dependent use.
7. adverse economic impact on existing commercial enterprises,
Unknown.
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.
The established Orient Harbor vessel mooring field is located in close
proximity to the parcel (directly to the west). The applicant has access to
the public bottomlands and waters to moor a vessel in this area. The
alternative is beneficial in that the permanent net loss of public use of
public waters will not occur. Further the Orient Wharf, an area of high
marine use and activity is located to the south of the action.
Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its
written determination regarding the consistency of the proposed action.
Cc: Elizabeth A. Neville, Town Clerk
MAILING ADDRESS:
PLANNING BOARD MEMBERS �``,��F SO(/,y P.O. Box 1179
__
DONALD J.WILCENSKI I QV" s •;'"� Southold,NY 11971
Chair t -
a �'' OFFICE LOCATION:
WILLIAM J.CREMERS c#' A,t,"." % Town Hall Annex
PIERCE RAFFERTY ; �I 54375 State Route 25
JAMES H.RICH III ®� '�0 (cor.Main Rd. &Youngs Ave.)
MARTIN H.SIDOR `�COUNTV t* d Southold, NY
%i.. ,il°
Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: William Duffy, Town Attorney
, From: Mark Terry, Principal Planner a,
LWRP Coordinator
Date: June 11, 2015
Re: State Environmental Quality Review of Strauel/CEM Appeal
SCTM# 1000.-24-2-21
Note that the 97' section of the dock is mislabeled as a Catwalk. By definition, Chapter 275 defines a
Catwalk as an elevated walkway, usually built to gain access to a commercial or residential dock, built
at a fixed height above grade and which is constructed landward of the high-water mark. The dock
"catwalk" extends into Orient Harbor below the high water mark.
The proposed action to construct a fixed timber dock consisting of a 4'x97' fixed timber catwalk with
two sets of 4'x6' steps at landward end; a 3'x14' ramp; and a 6'x20' float secured by two (2)-pile (10"
diameter) dolphins. Located: 220 Bay Lane, Orient has been reviewed to New York State
Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental
Quality Review and it is my determination that pursuant to Part 617.5c(10), the action, as proposed, is
a Type II action and therefore not subject to SEQR review.
617.5(C)(10)
"construction, expansion or placement of minor accessory/appurtenant residential structures,
including garages, carports, patios, decks, swimming pools, tennis courts, satellite dishes, fences,
barns, storage sheds or other buildings not changing land use or density;"
SEQR guidance includes structures that are "minor"ones having a "secondary"use, or facilities
adjunct to, or supporting some main use of the facility. A dock is a secondary use to a single family
residence.
Cc: Elizabeth A. Neville, Town Clerk
WILLIAM M.DUFFY ,,. SCOTT-A.RUSSELL
TOWN ATTORNEY s°ti�Q SOU45,- Supervisor
bill.duffy@town.southold.ny.us 0,' St;'"
Ol0
STEPHEN F.KIELY � : Town Hall Annex, 54375 Route 25
ASSISTANT TOWN ATTORNEY
4 P.O.Box 1179
Southold,New York 11971-0959
stephen.kiely@town.southold.ny.us G �Q,'��
�0�0 �� Telephone(631) 765-1939
LORI M.HULSE
ASSISTANT TOWN ATTORNEY =y0OU + ��� Facsimile(631) 765-6639
lori.hulse@town.southold.ny.us P@Jt 141_
111 ECEOVI1
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD MAY 2 2015
SoutholdTown
Planning Board
MEMORANDUM
To: Mark Terry, Principal Planner
From: William M. Duffy, Town Attorney
Date: May 26, 2015
Subject: Strauel/CEM Appeal- SEQRA
Attached please find copies of the following in connection with the above-
referenced matter:
1. Application for Appeal to the Coastal Erosion Hazard Board of
Review; and
2. Survey prepared by Kenneth M. Woychuk, L.S., PLLC, last revised
1/7/15.
Kindly prepare SEQRA and LWRP reviews for this appeal. Please be
advised that the public hearing on this Appeal will be held on June 16, 2015. We
would appreciate these reviews prior to the public hearing.
If you have any questions, please do not hesitate to contact me. Thank
you for your attention.
LMH/lk
Enclosures
cc: Elizabeth A. Neville, Town Clerk (w/o encls.)
5. Is the proposed action, NO YES N/A
a.A permitted use under the zoning regulations? X
b.Consistent with the adopted comprehensive plan? X
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape? X
7. Is the site of the proposed action located in, or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify: Name:Peconic Bay and Environs,Reason:Protect public health,water,vegetation,&
scenic beauty,Agency: Suffolk County,Date 7-12-88 X
8.a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES
X
b.Are public transportation service(s)available at or near the site of the proposed action? X
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X
9.Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
N/A
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No.describe method for providing potable water: N/A
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: N/A
12.a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places?
X
b.Is the proposed action located in an archeological sensitive area?
X
13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency? X
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody?
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: Dock will X
occupy approximately 586 s.f.of Orient Harbor.
14. Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply.
® Shoreline 0 Forest 0 Agricultural/grasslands 0 Early mid-successional
® Wetland 0 Urban ®Suburban
15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES
by the State or Federal government as threatened or endangered? X
16.Is the project site located in the 100 year flood plain? NO YES
X
17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes,
a.Will storm water discharges flow to adjacent properties? 0 NO 0 YES X
b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes,briefly describe: 0 NO 0 YES
Page 2 of 4
18. Does the proposed action include construction or other activities that result in the impoundment of NO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)?
If Yes,explain purpose and size: X
19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES
solid waste management facility?
If Yes,describe: X
20. Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed)for hazardous waste?
If Yes,describe:
X
I AFFIRM THAT THE IN I RMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponsor name: R.i - E.Herrmann,Coastal Mgmt. Specialist Date: January 12,2015
Signature: ;law,
Part 2-Impact Assessment.The Lead Agency is responsible for the completion of Part 2. Answer all of the following
questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or
otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my
responses been reasonable considering the scale and context of the proposed action?"
No,or Moderate
small to large
impact impact
may may
occur • occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land?
3. Will the proposed action impair the character or quality of the existing community?
4. Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area(CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit,biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a.public/private water supplies?
b.public/private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic,archaeological,
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources(e.g., wetlands,
waterbodies,groundwater,air quality,flora and fauna)?
Page 3 of 4
No,or Moderate
small to large
impact impact
may may
occur
10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage
problems?
11. Will the proposed action create a hazard to environmental resources or human health?
Part 3-Determination of significance.The Lead Agency is responsible for the completion of Part 3.For every
question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular
element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part I
Part 3 should, in sufficient detail,identify the impact,including any measures or design elements that have been included by
the project sponsor to avoid or reduce impacts.Part 3 should also explain how the lead agency determined that the impact
may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring,
duration, irreversibility,geographic scope and magnitude.Also consider the potential for short-term,long-term and
cumulative impacts.
❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
Name of Lead Agency Date
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer)
Page 4 of 4
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ADJ. PILINGS (TYP.)
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61 I e Purpose:Private,natcamierrcIal boat dockage
p 2 2. Datum:MUM-.0' -O"
1 ( / PI 3. Water depths(referenced to MLLW)tratscrtbed
from hldro(T c Wvey prepared IN Kemeti,M.Woych.c
M t lad Surveying,RIC,last dated Jauary 7,2015
I'° I4. Pock to consist of pressure-treated struchrd support
111
—8 timbers;udreated decking;aid hot-dipped galvanized steel
hardwae
E 1 5. Pock to be equipped with a licit,water,ad electricttit
to 6. Izanp ad float to be remand seasonally
1. fine-pile bents to be used to support fixed catwalk
8. Plan and arossview dtacfans are schematic in nature ad we
.- Intended Ay to establish project location,scope,aid basic
construction details for permitting prposes ad ore not
intended to serve as or substitute for ergtneerbq or
V \till caistruction plats for construction purposes
9. Project location:220 Dal late,Orient;
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THEODORE AND NATHALIE"STRAUEL,220 BAY LANE,ORIE7,,,,,T
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toward Orient Harbor and Orient Wharf Company pier and marina to south.
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Figure 4. Aerial view of subject property and surrounding dockage facilities to north and south.
Photo by Google Earth.
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
1 . A II applicants for perm its* including Town of Southold agencies, shall cam plete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law . This
assessm ent is intended to supplement other information used by a Town of Southold agency in
making a d e t e r m i n a t i o n of consistency . *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
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 ACTION
SCTM# 24 - 2 _ 21
PROJECT NAME Theodore&Nathalie Strauel
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 a fixed timber dock consisting of a 4'x 97'fixed timber catwalk(with two sets of 4'x 6'steps at landward end),a 3'x 14'
ramp,and 6'x 20'float secured by two(2)-pile(10"diameter)dolphins,all as depicted on the project plan prepared by En-Consultants,
dated January 7,2015.
Location of action:220 Bay Avenue,Orient
Site acreage: 0.27 acre
Present land use: Residential,one-family dwelling
Present zoning classification: R-40
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: Theodore&Nathalie Strauel
(b)Mailing address: 680 Croton Lake Road
Bedford Corners,NY 10549
(c) Telephone number: Area Code 914-523-9289
(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.
E Yes No ® 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 n No n Not Applicable
The project will be consistent with Policy 3,as the proposed dock would be located along a historically developed shoreline
characterized by 8 other existing dockage facilities located within a 900'radius of the subject property,most of a similar scope and/or
configuration as the proposed dock,including the longer dock located at the northerly adjacent property and 4 others located within 400
feet to the north of the subject property. The dock would also be situated less than 300 feet from the Orient Wharf Company pier to the
south,which extends approximately 500 feet into Orient Harbor. Therefore,the dock would be in harmony with the visual quality of the
surrounding developed shoreline.
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 n No ❑ Not Applicable
See attached.
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
The project is consistent with Policy 5 to the extent that it is applicable in that the dock will be constructed with untreated decking,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 n No ❑ Not Applicable
LWRP CONSISTENCY ASSESSMENT FORM
Addendum for
Theodore&Nathalie Strauel
220 Bay Lane
Orient, NY
SCTM#1000-24-2-21
NATURAL COAST POLICIES
Policy 4:Although located in the Coastal Erosion Hazard Area,the dock is proposed in a well enough
protected area that more than a half dozen existing dockage facilities located within a 900 I.f. radius of
the subject property along this developed shoreline have been successfully maintained for many
decades, including the immediately adjacent dock to the north that was permitted by the Board of
Trustees in 1988 and the Orient Wharf Company pier that has existed a few hundred feet to the south
for more than a century and extends 500 feet into Orient Harbor. The permanent catwalk portion of the
dock has nonetheless been designed structurally in accordance with its location in the Coastal Erosion
Hazard Area,and the ramp and float would be installed and removed seasonally. Therefore,consistent
with the standards for issuance of Coastal Erosion Management Permits set forth by Chapter 111-9,the
proposed dock a) is reasonable and necessary considering reasonable alternatives and the extent to
which it requires a shoreline location, as the dock is the only means by which to provide safe, private,
dockage for this residential waterfront property and would be consistent in nature and location with the
surrounding permitted dockage facilities; b) is not likely to cause a measurable increase in erosion at the
proposed or adjacent sites;and c) will create no adverse effects on natural protective features and their
functions and protective values or existing erosion protection structures and natural resources.
Due to the presence of the numerous neighboring dock structures,including the larger dock located immediately to the north and the
Orient Wharf Company pier located less than 300 feet to the south,installation of the proposed dock will not cause a"fragmentation of
ecological communities,"nor will construction of the dock result in the physical loss,degradation,or functional loss of ecological
components,as there are no vegetated wetlands or submerged aquatic vegetation located within the vicinity of the proposed dock,and
the catwalk will be elevated and of open-pile construction using untreated decking. The ramp and float will be removed seasonally;and
the project will meet the statutory and regulatory requirements of Article 25 of the New York State Tidal Wetlands Act and Chapter 275
of the Town Code.
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 n 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 U 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 n Non Not Applicable
Due to its proposed location between the larger dock located immediately to the north and the Orient Wharf Company pier located less
than 300 feet to the south,the dock will have no impacts on navigation;and two sets of steps are provided at the landward end of the
dock to allow for pedestrian pass and repass along the shoreline.
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.
F7 Yes n 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 it)
* TITLE Coastal Mgmt. Specialist DATEJanuary 12,2015
Robert E. He J ann
Amended on 8/1/05
•
Ti77117>Lrr rr
OFFICE LOCATION: S`f0`�►��� $U(/j4,Ql.Y,; MAILING ADDRESS:
Town Hall Annex u� '• ;` P.O.Box 1179
54376 State Route 25 t * t, Southold,NY 11971
(cor. Main Rd. &Youngs Ave.) i\ G 4 Telephone: 631 765-1938
Southold, NY 11971 •
�O
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
li •
To: John Bredemeyer, President
Town of Southold Board of Trustees
• r
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: February 11, 2015
Re: Local Waterfront Revitalization Program Coastal Consistency Review for THEODORE &
NATHALIE STRAUEL
SCTM# 1000-24-2-21
En-Consultants on behalf of THEODORE & NATHALIE STRAUEL requests a Wetland Permit and a
Coastal Erosion Hazard Area Permit to construct a fixed timber dock consisting of a 4'x97' fixed timber
catwalk with two sets of 4'x6' steps at landward end; a 3'x14' ramp; and a 6'x20' float secured by two
(2)-pile (10" diameter) dolphins. Located: 220 Bay Lane, Orient. SCTM# 1000-24-2-21
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 us, it is our recommendation that the proposed action is
INCONSISTENT with below LWRP policy standards: 4.1, 6.1 (A.2, and A.3), 6.2, 9.3 (A), and therefore
is INCONSISTENT with the Local Waterfront Revitalization Plan.
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4:1- , -Minimize losses of human life and structures from�tlooding and-erosion hazards. . , „
- ' ' 'Although the action is located' within"-Or,ient.;Harbor 'an area of historic and current maritime-,
- activity,'the proposed dock would'be located within'the••Coastal Erosion,Hazard,Area. ,
' The,'Iocation of'the proposed,dock is within_the Coastal Erosion Hazard Area (CEHA)-and'.will;be
,.. ;b„ •constructed;in •the nears,h,ore,::„Alldeve,lopmeitIs prohibited'in�the•'nearebore•;are ;pursuanttot§; ,,-• • ,,. ” ' 1114'1',unless-specifically-provided'for by Chapter`111,COASTAL EROSION-HAZARD-- 4REAS.- ' '
• F,i?ursuant'to,§-111-6,allowable,'activities-within the` nearshore area_mayinclude''docks.., built`,on -
.,,, ,:floats :columns open xi berlpiles�orothe�crrilarapanvaric:sttp�ortswitliagp;k'su: c
e-u
area`of •
',less #Pan 200's uare•feek. Theack-a5prtpsedispitolititett= te.riearsQre;sreaputsiatt;
to.'Cliapter 11'1,'COASTAL
T LEROSION HAZARD-AREAS: •Th*proposed:Ibeild-portio 4cf the
dock'equals 388 ,s_quare..feet-and would=:not~be 'removed,-each'year`as'erequired"in,`;th'e • • -_
,a•
.C'oastai.Erosion Hazard'Areaa, therefore<the structure Is,t.regulated,activity.'
. § 111-11. Nearshore area.
C. All development is prohibited in nearshore areas unless specifically provided for by ,
this chapter.
§ 111-6. 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.
6.1 Protect and restore ecological quality throughout the Town of Southold
The role of the Southold Town Board of Trustees in the protection and management of the
Town's ecosystem, particularly as it relates to surface waters is recognized by the Town
(LWRP).
6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats.
The importance of the Orient Harbor habitat has been recognized through the state designation
of area as a Significant Coastal Fish and Wildlife Habitat.
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,
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,
5. effect of the transfer of interest on the natural resources associated with the
lands,
6. water-dependent nature of use,
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.
A private, dock structure in this location would extend into public waters resulting in a net
decrease in public access to public underwater lands and the nearshore area. Further the
single family residence requesting the private, dock is not a water dependent use.
The LWRP does not fully support the construction of docks or structures in Orient Harbor and
recommends alternatives such as the mooring of boats and mooring 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
�'�;oF
sou
John M. Bredemeycr III, President I,����� yOj_\� Town Hall Annex
Michael J. Domino,Vice-President
54375 Main Road
lig 111" P.O. Box 1179
James F. King,Trustee ; y Southold, New York 11971-0959
Dave Bergen,Trustee ��G,'2► ,C,;) �
Charles J. Sanders,Trustee O
(C D Telephone(631) 765-1892
` � ��� Fax(631) 765-6641
g''
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
March 18, 2015
Mr. Robert E. Herrmann
En-Consultants
1319 North Sea Road
Southampton, NY 11968
RE: THEODORE & NATHALIE STRAUEL
220 BAY LANE, ORIENT
SCTM#24-2-21
Dear Mr. Herrmann:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, March 18, 2015 regarding the above matter:
WHEREAS, En-Consultants on behalf of THEODORE & NATHALIE STRAUEL applied
to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the
Southold Town Code, the Wetland Ordinance of the Town of Southold, application
dated January 14, 2015, and,
WHEREAS, said application was referred to the Southold Town Conservation Advisory
Council and to the Local Waterfront Revitalization Program Coordinator for their findings
and recommendations, and,
WHEREAS, the LWRP Coordinator recommended that the proposed application be
found Inconsistent with the LWRP due to noncompliance to Chapter 111 of the Southold
Town Code, Coastal Erosion Hazard Areas, and,
WHEREAS, the Board of Trustees has furthered Policies 4.1, 6.1 (A.2 and A.3), 6.2 and
9.3 (A) of the Local Waterfront Revitalization Program to the greatest extent possible
through the imposition of the following Best Management Practice requirements: the
proposed dock meets all standards set forth in Chapter 275 of the Southold Town Code,
Wetlands Ordinance; the dock proposal is located within a sheltered area that contains
several other docks; and
2
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said
application on March 18, 2015, at which time all interested persons were given an
opportunity to be heard, and,
WHEREAS, the Board members have personally viewed and are familiar with the
premises in question and the surrounding area, and,
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
WHEREAS, the structure complies with the standards set forth in Chapter 275 of the
Southold Town Code,
WHEREAS, the Board has determined,that the project as proposed will not affect the
health, safety and general welfare of the people of the town,
NOW THEREFORE BE IT,
RESOLVED, that for the mitigating factors and based upon the Best Management
Practice requirement imposed above, the Board of Trustees deems the action to be
Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5
of the Southold Town Code, and,
RESOLVED, that the Board of Trustees approves the application of THEODORE &
NATHALIE STRAUEL to construct a fixed timber dock consisting of a 4'x97' fixed
timber catwalk with two sets of 4'x6' steps at landward end; a 3'x14' ramp; and a 6'x20'
float secured by two (2)-pile (10" diameter) dolphins; and as depicted on the site plan
prepared by En-Consultants, last dated January 7, 2015, and stamped approved on
March 18, 2015.
Permit to construct and complete project will expire two years from the date the permit
is signed. Fees must be paid, if applicable, and permit issued within six months of the
date of this notification. .
Inspections are required at a fee of$50.00 per inspection. (See attached schedule.)
Fees: $0.00
Very truly yours,
gw".‘-- .N etAye°)"‘P;.=
John M. Bredemeyer III
President, Board of Trustees
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BOARD OF SOUTHOLD TOWN TRUSTEES `'
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. 1, PERMIT NO. SOUTHOLD,NEW YORK
DATE: MARCH 18,2015 '1),—_,.\,-a ,,,,
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51; 1 ISSUED TO: THEODORE& NATHALIE STRAUEL K '
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l_ (" I PROPERTY ADDRESS: 220 BAY LANE,ORIENT I r =
lifis SCTM#24-2-21
' ' AUTHORIZATION "%
"e; I Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in ;,1,`;•"` '.
accordance with the Resolution of the Board of Trustees adopted at the meeting held on March 18.2915,and in
: ' consideration of application fee in the sum of$500.00 paid by En-Consultants and subject to the Terms and '�
7 Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the
following:
�"
Wetland Permit to construct a fixed timber dock consisting of a 4'x97' fixed =
" i timber catwalk with two sets of 4'x6' steps at landward end; a 3'x14' ramp; and a I ' , /
6'x20' float secured by two(2)-pile(104 diameter)dolphins; and as depicted on the site 1 .,:
- % plan prepared by En-Consultants,last dated January 7,2015,and stamped approved .I''"
on March 18,2015. , c ,.
IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, r'••••:(,; :'r
and these presents to be subscribed by a majority of the said Board as of this date.
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TERMS AND CONDITIONS
The Permittee, Theodore& Nathalie Strand,residij,at 2 0 Bay Lane,Orient,New York as
part of the consideration for the issuance of the Permit does understand and prescribe to the
following:
I. That the said Board of Trustees and the Town of Southold are released from any and all
damages,or claims for damages,of suits arising directly or indirectly as a result of any
operation performed pursuant to this permit,and the said Permittce will,at his or her own
expense,defend any and all such suits initiated by third parties,and the said Permittee
assumes full liability with respect thereto,to the complete exclusion of the Board of
Trustees of the Town of Southold.
2. That this Permit is valid for a period of 24 months,which is considered to be the estimated
time required to complete the work involved,but should circumstances warrant,request for
an extension may be made to the Board at a later date.
3. That this Permit should be retained indefinitely,or as long as the said Permittee wishes to
maintain the structure or project involved,to provide evidence to anyone concerned that
authorization was originally obtained.
4. That the work involved will be subject to the inspection and approval of the Board or its '
agents,and non-compliance with the provisions of the originating application may be cause
for revocation of this Permit by resolution of the said Board.
5. That there will be no unreasonable interference with navigation as a result of the work
herein authorized.
6. That there shall be no interference with the right of the public to pass and repass along the
beach between high and low water marks.
7. That if future operations of the Town of Southold require the removal and/or alterations in
the location of the work herein authorized,or if,in the opinion of the Board of Trustees,
the work shall cause unreasonable obstruction to free navigation,the said Permittee will be
required,upon due notice,to remove or alter this work project herein stated without
expenses to the Town of Southold.
8. That the said Board will be notified by the Permittee of the completion of the work
authorized.
9. That the Permittee will obtain all other permits and consents that may be required
supplemental to this permit,which may be subject to revoke upon failure to obtain same.
10. This permit does not convey to the permittee any right to trespass upon the lands or
interfere with the riparian rights of others in order to perform the permitted work nor does
it authorize the impairment of any rights,title,or interest in real or personal property held
or vested in a person not a party to the permit.
I
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EN-CONSULTANTS
April 16,2015 r
Elizabeth A.Neville,Town Clerk RECEIVED G}(
Town of Southold
Town Hall,53095 Main Road APR 1 7 2015
Southold,NY 11971 kAitu- 1M
Attn.: Ms.
outhold Town Cleric
A
Re: Theodore&Nathalie Strauel -b.a.pvil
220 Bay Lane,Orient •
SCTM#1000-24-2-21
Dear Ms.Neville:
RECEIVED
In regard to the above referenced property,enclosed are the following for review:
' APR 2 3 '/'015
1. Application for Appeal to the Coastal Erosion Hazard Board of Review
2. Cover letter. Town Attorney's Office
3. Letter of Authorization.
4. One set of site photographs
5. Board of Trustees Letter of Denial.
6. Copy of Section of Town of Southold Coastal Erosion Hazard Area LAw
7. Copy of Section of NYS Coastal Erosion Hazard Areas Act,"Coastal Erosion Management
Regulations." .
8. Copy of Application package to Town Trustees including:
a) Project Plan prepared by En-Consultants,dated January 7,2015.
b) Survey prepared by Kenneth M.Woychuk Land Surveying,PLLC,last dated January 7,2015.
c) Notice to Adjacent Property Owner,Proof of Mailing,and Return Receipts.
d) Affidavit of Posting.
9. Copy of Local Waterfront Revitalization Program Memorandum dated February 11,2015.
10. Copy of Board of Trustees and New York State DEC Wetland Permits.
11. Application fee of$250.
6444
EN-CONSULTANTS
1319 NORTH'SEA ROAD-PH.(831)283-6380 o °i°.r"".
- -SOMTI•lAMPTON,NY 11988
50-666-214
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TOWN OF SOUTHOLD
APPLICATION FOR APPEAL TO
THE COASTAL EROSION HAZARD BOARD OF REVIEW
DATE4/16/15
NAME OF APPLICANT:Theodore&Natalie Strauel
ADDRESS: 680 Croton Lake Road,Bedford Corners,NY 10549
DATE OF DECISION APPEALED FROM March 18,2015
SPECIFIC CHAPTER/SECTION INVOLVED Chapter 111-11(c)
THE ALLEGED ERRORS IN THE DETERMINATION ARE: See attached cover letter.
INTERPRETATION THAT IS CLAIMED TO BE CORRECT: See attached cover
letter.
RELIEF SOUGHT:Authorization to construct within a nearshore area a fixed timber dock
consisting of a 4'x 97'fixed timber catwalk(with two sets of 4'x 6'steps at landward end),a 3'x 14'
ramp,and 6'x 20'float secured by two(2)-pile(10"diameter)dolphins,all as depicted on the project
plan prepared by En-Consultants,dated January 7,2015.
*COPY OF THE ENTIRE BOARD OF TRUSTEE FILE INCLUDING ANY
RELEVANT MAPS MUST BE ATTACHED TO THIS APPEAL
SIGNA U' OF APPLICANT
j=irAt
EN-CONSULTANTS
April 15,2015
Scott A.Russell,Town Supervisor
Town of Southold
P.0,Box 1179
Southold,NY 11971
Re: Coastal Erosion Management Permit Appeal for Theodore&Nathalie Strauel,220 Bay Lane,Orient
Dear Mr.Russell:
I am writing to the Town Board pursuant to Sections 111-20 and 111-21 of the Town Code, which allow the
standards and restrictions of Chapter 111, "Coastal Erosion Hazard Areas," to be varied or modified by the
Town Board in their designated capacity as the Coastal Erosion Hazard Board of Review pursuant to Section
111-25. Specifically, we are requesting that the Town Board grant the relief necessary to allow a fixed timber
dock to be constructed at the captioned property, where the proposed dock would be located in the "nearshore
area" of the Coastal Erosion Hazard Area and was thus denied a Coastal Erosion Management Permit by the
Board of Trustees pursuant to Section 111-11(C),as described below.
Before applications for the Town Wetlands and Coastal Erosion Management Permits necessary to construct the
proposed dock were submitted to the Board of Trustees in January 2015, the applicants and I met with the
Trustees during a pre-application conference at the property on November 12, 2014, at which time a slightly
different dock configuration from what is currently proposed had been lathed out for the Trustees inspection and
consideration. The purpose of the meeting was to determine whether the Trustees might have any substantive
objections to the proposed dock before the applicants fully invested in the application process. During that
meeting, the Trustees voiced no such objections but recommended that the dock be realigned to achieve a
greater setback from the property to the south, which does not currently have a dock, while maintaining the
minimum required separation from the property to the north, which contains a dock that is angled in a northerly
direction. The dock design was thus modified in accordance with the Trustees' recommendation and again
lathed out for their inspection prior to the public hearing that was held on both applications on March 18, 2015.
During the public hearing, one neighbor spoke in support of the proposal, and neither the Trustees nor any
neighboring property owner voiced any objections. At the conclusion of the hearing,the Trustees resolved that
the proposed action was consistent with the Local Waterfront Revitalization Program and voted unanimously to
grant the requested Wetlands Permit for the dock as it was proposed. However, the Trustees also determined
that they had no choice but to deny the application for a Coastal Erosion Management Permit due to the
language of Section 111-11(C), which states that "all development is prohibited in nearshore areas unless
specifically provided for by this chapter"(copies of code section and Trustees decision attached).
The Trustees' interpretation that they were bound by code to render this determination reveals an inconsistency
between the Town of Southold Coastal Erosion Hazard Area Law and the New York State Coastal Erosion
Hazard Areas Act and the corresponding"Coastal Erosion Management Regulations,"6 NYCRR Part 505,with
respect to the permissibility of constructing a dock within the nearshore area. Specifically, while Section
505.8(aX2) of the State regulations similarly stipulates that "all development is prohibited in nearshore areas
unless specifically allowed by subdivision 505.8(a) of this Part," Section 505.8(ax5), which follows, explicitly
allows for the construction of docks in a nearshore area pursuant to a Coastal Erosion Management Permit. To
wit, "A coastal erosion management permit is required for new construction, modification, or restoration of
docks, piers, wharves, groins, jetties, seawalls, bulkheads, breakwaters, revetments, and artificial beach
nourishment"(copy of code section attached).
. __. 1319 North Sea Road I Southampton,New York 11968 I p 631.283.6360 I f 631.283.6136 www.enconsultants.com "-_
environmental consulting '
Regardless of whether the omission of this paragraph from the Town's Coastal Erosion Hazard Area Law was
intentional or the result of an oversight at the time Chapter 111 was drafted, it has the effect of removing from
the Board of Trustees the power to ever render a substantive decision on a Chapter 111 application to construct a
dock in the Coastal Erosion Hazard Area and instead passes that decision making power to the Town Board.
Because if a dock is seasonal or has a top surface area of 200 square feet or less, it is considered an unregulated
activity that_requires no Chapter 111 review, and if it is permanent with a top surface area greater than 200
square feet;the Trustees must summarily deny the Chapter 111 application, assuming their interpretation of the
code is correct. And because the Trustees are entrusted with the power and responsibility of determining
whether,where, and how docks and other shoreline structures may be constructed throughout all Town waters,
one must question whether it would have been the Town's intention to legislatively prohibit the Trustees from
rendering their own decision on an application to construct a dock in a Coastal Erosion Hazard Area.
It is also worth noting that by fmding that a Coastal Erosion Management Permit cannot be issued for a dock in
the Coastal Erosion Hazard Area due to the fact that all development is prohibited in nearshore areas, the
Trustees have determined that dock construction constitutes "development," a team which is undefined by
Section 111-6. The omission of this definition is also problematic since customarily the Town would not deem
an otherwise unimproved parcel "developed" due to the presence of an in-water structure such as a dock or
bulkhead. Therefore, it is questionable whether dock construction would even constitute "development" as the
term was intended in the code.
Nevertheless, the Trustees denied the Strauels' application for a Coastal Erosion Management Permit in
accordance with their interpretation of the code as currently written and so we are petitioning the Town Board
for relief pursuant to Section 111-20,which allows for the standards and restrictions of Chapter 111 to be varied
or modified when it can be demonstrated that strict application of such standards and restrictions may cause
practical difficulty or unnecessary hardship,provided the variance criteria set forth in Section 111-20 are met.
In this case, the applicants are seeking relief from the practical difficulty and unnecessary hardship created by
the denial of their ability to construct a dock for their private, noncommercial use pursuant to a Town Coastal
Erosion Management Permit,an ability that has otherwise been granted to them by the Town of Southold in the
form of a Town Wetlands Permit. Coastal Erosion relief should be granted by the Town Board since the
variance criteria set forth in Section 111-20 are in fact met by the proposed project:
A. No reasonable,prudent, alternative site is available. The dock can of course only be placed in
the water along the applicant's shoreline,and anywhere it is placed along the applicant's
shoreline will be located in the nearshore area of the Coastal Erosion Hazard Area. Therefore,
there is no alternative location for the dock that would not require variance relief pursuant to the
Trustees' interpretation of the code. However,within the boundaries of the applicant's
property,the dock has been proposed roughly in the center of the property with a slight angle to
the north for the purpose of maximizing the dock's separation distance from the property to the
south while maintaining the minimum required separation distance from the property to the
north,as was recommended by the Trustees.
B. All responsible means and measures to mitigate adverse impacts on natural systems and their
functions and values have been incorporated into the activity's design at the property owner's
expense. The proposed dock would be located along a historically developed shoreline
characterized by 8 other existing docks located within a 900 linear foot radius of the subject
property, including the longer dock located on the northerly adjacent property and 4 others
located within 400 feet to the north of the subject property(see attached photos). The dock
would also be situated less than 300 feet from the Orient Wharf Company pier to the south,
which extends approximately 500 feet into Orient Harbor. Due to the presence of these
neighboring dockage facilities and the absence of vegetated wetlands or submerged aquatic
• 2
• •
vegetation within the vicinity of the proposed dock,the introduction of the proposed dock,
whose catwalk will be constructed of untreated decking and whose ramp and float will be
removed seasonally,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 functions or values of the surrounding natural systems,including the wetlands or
tidal waters of the Town.
C. The development will be reasonably safe from flood and erosion damage. Although located in
the Coastal Erosion Hazard Area,the dock is proposed in a well enough protected area that
eight existing dockage facilities located within a 900 linear foot radius of the subject property
along this developed shoreline have been successfully maintained for many decades, including
the adjacent dock to the north that was permitted by the Trustees in 1988 and the Orient Wharf
Company pier that has existed a few hundred feet to the south for more than a century and
extends 500 feet into Orient Harbor. The permanent catwalk portion of the dock has
nonetheless been designed structurally designed in accordance with its location in the Coastal
Erosion Hazard Area,and the ramp and float would be installed and removed seasonally.
D. The variance requested is the minimum necessary to overcome the practical difficulty or
hardship which was the basis for the requested variance. As discussed with the Trustees,the
dock has been designed with the minimum length necessary to reach safe,navigable water
depth at this location.
E. Where public funds are utilized, the public benefits must clearly outweigh the long-term adverse
effects. Public funds will not be utilized in connection with this privately sponsored project.
In addition to meeting these variance criteria,the project also meets the criteria for issuance of a Coastal Erosion
Management Permit as set forth by Section 111-9 because a)the proposed dock is reasonable and necessary
considering reasonable alternatives and the extent to which it requires a shoreline location,as the dock is the
only means by which to provide safe,private,dockage for this residential waterfront property and would be
consistent in nature and location with the surrounding permitted dockage facilities;b)the proposed dock is not
likely to cause a measurable increase in erosion at the proposed site and at other locations or adjacent sites;and
c)the proposed dock will create no adverse effects on natural protective features and their functions and
protective values or existing erosion protection structures and natural resources.
Therefore,for all the reasons described above,we respectfully request that the Town Board grant the applicants .
the variance relief necessary to construct their dock as it has been proposed and otherwise approved by the
Board of Trustees and New York State Department of Environmental Conservation,whose approval is also
enclosed herewith. Should you have any questions or require any additional information from me in support of
our request,please let me know,and we thank you in advance for considering our request.
Res Ily yours,
Robert E.Herrmann
Coastal Management Specialist
Attachments
cc: John Bredemeyer,Chairman,Board of Trustees
Lori Hulse,Assistant Town Attorney
Theodore and Nathalie Strauel
3
\\_.„
EN-CONSULTANTS
TO WHOM IT MAY CONCERN:
This letter will authorize En-Consultants to access my property for the purpose of
evaluating and/or delineating wetlands and other environmental features and/or making
official inquiries on my behalf and/or representing me and acting as my agent for the
purpose of securing regulatory approvals and related matters.
4iedir#
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Print Name
Dated
1319 North Sea Road I Southampton,New York 11968 p 631.283.6360 I f 631.283.6136 www.enconsultants.com
environmental consulting
THEODORE AND NATHALIE STRAUEL,220 BAY LANE, ORIENT
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John M.Bredemeyer III,President .t`
',e- �Ury0 Town Hall Annex
Michael J.Domino,Vice President ~ 54375 Main Road
411 41, P.O.Box 1179
James F.King,Trustee Southold,New York 11971-0969
Dave Bergen,Trustee " Cl� Telephone(631) 765-1892
Charles J.Sanders,Trustee 4.4.001.0 \�'' Fax(631)765-6641
"�Illli�
•
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
March 18, 2015
Mr. Robert E. Herrmann
En-Consultants
1319 North Sea Road
Southampton, NY 11968
RE: THEODORE &NATHALIE STRAUEL
220 BAY LANE, ORIENT •
SCTM#24-2-21
Dear Mr. Herrmann:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, March 18, 2015 regarding the above matter:
WHEREAS, En-Consultants on behalf of THEODORE &NATHALIE STRAUEL
applied to the Southold Town Trustees for a permit under the provisions of Chapter 111
Coastal Erosion Hazard Areas of the Town Code of the Town of Southold, application
dated January 14, 2015, and,
WHEREAS, said application was referred to the Southold Town Conservation Advisory
Council and to the Local Waterfront Revitalization Program Coordinator for their findings
and recommendations, and,
WHEREAS, the LWRP Coordinator recommended that the proposed application be
found Inconsistent with the LWRP, and specifically Inconsistent with the following
coastal policies pursuant to Chapter 111 Coastal Erosion Hazard Areas of the Town
Code: Policy 4.1- Minimize losses of human life and structures from flooding and
erosion hazards, Policy 6.1-Protect and restore ecological quality throughout the Town
of Southold, Policy 6.2-Protect and restore Significant Coastal Fish and Wildlife
Habitats, Policy 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, and,
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said
application on March 18, 2015, at which time all interested persons were given an
opportunity to be heard, and,
2
WHEREAS, the Board members have personally viewed and are familiar with the
premises in question and the surrounding area regarding the location of the proposed
development, and,
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
WHEREAS, the proposed structure, as applied for, is located in a nearshore area as per
the Definitions in Chapter 111 Coastal Erosion Hazard Areas of the Town Code and
governed by Section 111-11 (C)-All development is prohibited in nearshore areas
unless specifically provided for in Chapter 111, Section 111-6 Definitions Unregulated
Activity-docks, piers, wharves or structures built on floats, columns, open timber piles
or other similar open work supports with a top surface area less than 200 square feet or
which are removed in the fall of each year, and,
NOW THEREFORE BE IT,
RESOLVED, for the foregoing reasons, and because the proposed action is located
entirely within the coastal erosion hazard area and in a nearshore area, and because
the proposed action is not permitted in such areas pursuant to Chapter 111 of the Town
Code, that the Trustees deem the proposed project to be impermissible under Chapter
111, and,
BE IT FURTHER,
RESOLVED, that for the foregoing reasons, the Board of Trustees DENIES the Coastal
Erosion Permit application of THEODORE & NATHALIE STRAUEL to construct a fixed
timber dock consisting of a 4'x97'fixed timber catwalk with two sets of 4'x6' steps at
landward end; a 3'x14' ramp; and a 6'x20'float secured by two (2)-pile (10"diameter)
dolphins; and as depicted on the site plan prepared by En-Consultants, last dated
January 7, 2015, and stamped approved on March 18, 2015.
This determination should be not considered a determination made for any other
Department or Agency, which may also have an application pending for the same or
similar project.
Very truly yours,
4)0C— 6140144.7401 Jr-
John M. Bredemeyer III
President, Board of Trustees
JMB/amn
NIL V1 OVUL11VILL, 1`1 I %.0u1.vaN t av t.
Thb following restrictions apply to regulated activities within structural hazard areas:
A. A coastal erosion management permit is required for the installation of public service distribution,
transmission or collection systems for gas, electricity, water or wastewater. Systems installed along the
shoreline must be located landward of the shoreline structures.
B. The construction of nonmovable structures or placement of major nonmovable additions to an existing
structure is prohibited.
'
C. Permanent foundations may not be attached to movable structures, and any temporary foundations are to
be removed at the time the structure is moved. Below-grade footings will be allowed if satisfactory
provisions are made for their removal.
D. No movable structure may be located closer to the landward limit of a bluff than 25 feet.
E. No movable structure may be placed or constructed such that according to accepted engineering practice,
its weight places excessive groundloading on a bluff.
F. Plans for landward relocation of movable structures must be included with each application for a permit.
Movable structures which have been located within a structural hazard area pursuant to a coastal erosion
management permit must be removed before any part of the structure is within 10 feet of the receding
edge. The last owner of record, as shown on the latest assessment roll, is responsible for removing that
structure and its foundation, unless a removal agreement was attached to the original coastal erosion
management permit. With the attachment of a removal agreement to the coastal erosion management
permit, the landowner or the signatory is responsible for the landward relocation of movable structures.
Removal agreements may be made when the last owner of record and the owner of the structure are
different, with the approval of the Town at the time the permit is issued.
G. Debris from the structural damage which may occur as a result of sudden unanticipated bluff edge
failure, dune migration or wave or ice action must be removed within 60 days of the damaging event.
H. Any grading, excavation or other soil disturbance conducted within a structural hazard area must not
direct surface water runoff over a bluff face.
§111-11. Nearshore area.
Nearshore areas dissipate a substantial amount of wave energy before it is expended on beaches, bluffs or dunes
by causing waves to collapse or break. Nearshore areas also function as reservoirs of sand, gravel and other
unconsolidated material for beaches. Sandbars, which are located in nearshore areas, control the orientation of
incoming waves and promote the development of ice cap formations which help protect shorelines during winter
storms. The roots of aquatic vegetation in nearshore areas bind fine grained silts, clays and organic matter to
form a fairly cohesive bottom that resists erosion. The following restrictions apply to regulated activities in
nearshore areas:
A. Excavating, grading, mining or dredging which diminishes the erosion protection afforded by nearshore
areas is prohibited, except construction or maintenance of navigation channels, bypassing sand around
natural and man-made obstructions and artificial beach nourishment, all of which require a coastal
erosion management permit.
B. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be
deposited within nearshore areas. Any deposition will require a coastal erosion management permit.
C. All development is prohibited in nearshore areas unless specifically provided for by this chapter.
§111-12. Beach area.
Beaches buffer shorelands from erosion by absorbing wave energy that otherwise would be expended on the toes
of bluffs or dunes. Beaches that are high and wide protect shorelands from erosion more effectively than beaches
I,ffn•lluru u Prnrie1 al nom/S l 57845?all=true 9/23/2011
(6) Debris from structural damage which may occur as a result of sudden, similar open-work supports having a top surface area of 200 square feet ur
unanticipated bluff edge failure or erosion must be removed within 60 days less,or docks,piers,wharves,or other structures built on floats and removed
of the damaging event. in the fall of each year are excepted from this permit requirement.
(7)The last owner of record,as shown on the latest assessment roll, of real (b)Beaches. The following restrictions and requirements apply to regulated ac-
tivitiesproperty upon which a movable structure is placed is responsible for remov on beaches.
ing that structure and its foundation, unless the last owner of record and (1)Excavating, grading, or mining which diminishes the erosion protection
the owner of the structure, if the structure is not owned by the last owner afforded by beaches is prohibited.
of record, have made an agreement providing otherwise in a form accepta (2)All development is prohibited on beaches unless specifically allowed by
ble to the department. subdivision 505.8(b) of this Part.
(b)The construction or placement of a non-movable structure, or non-movable
major addition to an existing structure,is prohibited within structural hazard areas. (3) The normal maintenance of structures may be undertaken without a
coastal erosion management permit.
(c)A coastal erosion management permit is required for the installation of public
service distribution, transmission, or collection systems for gas,electricity, water, (4)The restoration of existing structures that are damaged or destroyed by
or wastewater. Systems installed to serve coastline development along mainland events not related to coastal flooding and erosion may be undertaken without
a coastal erosion management permit.
shorelines must be located landward of the shoreline structures being served.
(d) Any grading, excavating, or other soil disturbance conducted within a strut (5) Non major additions to existing structures may be allowed on beaches
tural hazard area must not direct surface water runoff over a bluff face. pursuant to a coastal erosion management permit.
(6)The following restrictions apply to the use of motor vehicles on beaches:
505.8 Restrictions on regulated activities within natural protective feature (i)motor vehicles must operate seaward of the upper debris lines at all
areas. times.On those beaches where no debris line exists motor vehicles must
(a)Nearshore areas. The following restrictions and requirements apply to regu operate seaward of the toe of the primary dune; and
lated activities in nearshore areas. (ii) motor vehicles must not travel on vegetation.
(1)Excavating, grading, mining, or dredging, which diminishes the erosion (7) A coastal erosion management permit for deposition of material on
protection afforded by nearshore areas is prohibited.However,coastal ero beaches will be issued only for expansion or stabilization of beaches; clean
sion management permits for dredging may be issued for constructing or sand or gravel of an equivalent or slightly larger grain size must be used.
maintaining navigation channels, bypassing sand around natural and man- (8)Beach grooming or clean-up operations do not require a coastal erosion
made obstructions, or artificial beach nourishment. management permit.
(2)All development is prohibited in nearshore areas unless specifically al- (9)A coastal erosion management permit is required for new construction,
lowed by subdivision 505.8(a)of this Part. modification,or restoration of docks,piers, wharves, boardwalks,groins,jet-
(3) The normal maintenance of structures may be undertaken without a
ties, seawalls, bulkheads, breakwaters, revetments, and artificial beach
coastal erosion management permit. nourishment. Docks, piers, wharves, or structures built on floats, columns,
open timber, piles,or similar open-work supports having a top surface area
(4)Clean sand or gravel of an equivalent or slightly larger grain size is the of 200 square feet or less or docks,,piers, wharves, or other structures built
only material which may be deposited within nearshore areas.Any deposi- on floats and removed in the fall of each year are excepted from this permit
tion will require a coastal erosion management permit. requirement.
(5)A coastal erosion management permit is required for new construction,
(10)Active bird nesting and breeding areas must not be disturbed unless such
modification,or restoration of docks,piers,wharves,groins,jetties,seawalls, disturbance is pursuant to a specific wildlife management activity approved
bulkheads,breakwaters,revetments,and artificial beach nourishment.Docks, in writing by the department.
piers,wharves, or structures built on floats,columns,open timber,piles,or
11 12
617.20
Appendix B
Short Environmental Assessment Form
Instructions for Completing
Part I-Project Information.The applicant or project sponsor is responsible for the completion of Part I.Responses
become part of the application for approval or funding,are subject to public review,and may be subject to further verification.
Complete Part I based on information currently available. If additional research or investigation would be needed to fully
respond to any item,please answer as thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful
to the lead agency;attach additional pages as necessary to supplement any item.
Part I-Project and Sponsor Information
Name of Action or Project:
Strauel Dock
Project Location(describe, and attach a location map):
220 Bay Lane,Orient,Town of Southold,Suffolk County;SCTM#1000-24-2-21,property is located on east side of
Bay Lane,+/-170'north of Village Lane,refer to provided maps.
Brief Description of Proposed Action:
Construct a fixed timber dock consisting of a 4'x 97'fixed timber catwalk(with two sets of 4'x 6'steps at landward
end),a 3'x 14'ramp,and 6'x 20'float secured by two(2)-pile(10"diameter)dolphins,all as depicted on the project
plan prepared by En-Consultants,dated January 7,2015.
Name of Applicant or Sponsor: Telephone: 914-523-9289
Theodore&Nathalie Strauel E-Mail: tstrauel@gmail.com
Address:
680 Croton Lake Road
City/PO: State: Zip Code:
Bedford Corners NY 10549
1.Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES
administrative rule.or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES
If Yes, list agency(s)name and permit or approval:
X
NYS DEC,USA COE,NYS DOS
3.a.Total acreage of the site of the proposed action? 11,702 s.f. acres
b.Total acreage to be physically disturbed? N/A acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 11,702 s.f. acres
4. Check all land uses that occur on, adjoining and near the proposed action.
❑Urban 0 Rural(non-agriculture) 0 Industrial 0 Commercial ®Residential(suburban)
O Forest 0 Agriculture ®Aquatic 0 Other(specify):
❑Parkland
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