HomeMy WebLinkAboutFindings and Determination TOWN BOARD
COASTAL EROSION HAZARD
BOARD OF REVIEW
TOWN OF SOUTHOLD
---------------------------------------------
In the matter of the Application of
HARRINGTON FAMILY
LIMITED PARTNERSHIP FINDINGS AND
Private Road on Clay Point Road DETERMINATION
Fishers Island, NY
SCTM#1000-2-1-12.2
FINDINGS AND DETERMINATION
Based upon the application, documents contained in the Board's file, site
inspections and testimony received at the public hearing held on November 22, 2016, the
Town Board finds and determines as follows:
ISSUE
Harrington Family Limited Partnership have filed an application with the Town
Board, as the Coastal Erosion Hazard Board of Review (the"Board"), dated October 17,
2016, requesting the following relief:
1. A reversal of the Board of Trustees August 17, 2016 determination preventing the
applicant to re-construct an existing dock in-kind within a nearshore area in a
Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-2-1-
12.2 off a Private Road along the west shore of Clay Point, West Harbor, Fishers
Island Sound, Fishers Island, New York 06390, under Chapter 111 Coastal
Erosion Hazard Areas of the Town Code,pursuant to the provisions of§111-9.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
A. Dcsci-iptioii of tic :,c ttal � rets:
The property that is the subject of this application is located on the Private Road
along the west shore of Clay Point and is located on West Harbor. The property consists
of approximately 90,000 square feet of upland area and is improved with a home and
existing dock. The property is located in the residential zone. As confirmed by the
Board of Trustees, and acknowledged by the applicant, the portion of the property where
the proposed work is to be performed is located within the Coastal Erosion Hazard Area
as established by New York State in 1991. The applicant submitted an application to the
Trustees seeking permission to replace existing dock in-kind on the subject parcel.
B. "1 rustm,s Procedural 1 halo :
I. Application
The applicant filed an application with the Board of Trustees on July 20, 2016
which requested a coastal erosion hazard area permit to replace existing dock in-kind
within a nearshore area in a Coastal Erosion Hazard Area located on property on parcel
SCTM# 1000-2-1-12.2.
II. Public Hearing.
The Trustees held a public hearing on this application on September 21, 2016 at
which time all those interested were given the opportunity to speak.
Keith B. Nelson, PE of Docko Inc. on behalf of the applicant addressed the Town
Board's concerns with regards to the application. It was described that the proposed dock
would be re-constructing an existing dock in kind with natural updated materials and
flow through decking. Furthermore the length of the existing dock was necessary to
reach navigable waters of 4 feet depth or more to negate the need for maintenance
dredging in the future.
III. Trustees Determination and Certificate of Compliance.
On September 21, 2016 the Trustees issued a determination stating that the
proposed dock fell outside the jurisdiction of the Board of Trustees due to the proposed
dock's square footage exceeding 200 square feet and therefore they could not issue a
permit under the tidal wetlands act, as such further application would need to be made to
the Town Board, denying the application without prejudice.
IV.The Town Board Proceeding
On October 17, 2016, the property owners timely filed an appeal of the Trustee's
determination pursuant to Town Code Chapterl 11 with the Coastal Erosion Hazard
Board of Review (the Board) seeking the reversal of the Trustees denial. The Board held
a duly noticed public hearing on November 22, 2016 at which time all interested parties
were given the opportunity to present testimony on the application.
Keith B. Nelson, PE of Docko Inc. on behalf of the applicant addressed the Town
Board's concerns with regards to the application. The application is to re-construct an
existing dock in-kind within a nearshore area in a Coastal Erosion Hazard Area located
on property on parcel SCTM# 1000-2-1-12.2 off Private Road along the west shore of
Clay Point, West Harbor, Fishers Island Sound, Fishers Island, New York 06390. This
initial application being made within the Costal Erosion Act as well as the Tidal
Wetlands Act and despite meeting all of the criterial, save one, the limitations on the
proposed square footage of the re-constructed dock is over 200 square feet, was denied.
2
Mr. Nelson addressed the Board's concerns over the length of the proposed dock
stating that the proposed is actually 30 feet shorter than the existing dock, the length is
needed to reach the navigable waters with a minimum depth of 4 feet, as well as the use
of flow through decking will be used to promote eel grass growth.
Mr. Nelson further addressed the Board's concern over the environmental impacts
of dockage over mooring, natural materials over steel, stand-alone piles, or single pile
construction.
Assistant Town Attorney Damon Hagan subsequently appeared and conveyed to
the Town Board that the Board of Trustees were familiar with the proposed plans, the
materials to be used, and the overall project. He further stated that the Board of Trustees,
although the project is outside their jurisdiction, had no objection to the application.
No other members of the public appeared in support or opposition to the
application and the record was closed on November 22, 2016.
APPEAL OFT.- E TRUSTEE'S DETEI .MINATI N
Pursuant to §111-24 the Town Board is designated as the Coastal Erosion Hazard
Board of Review and has the authority to "[h]ear and decide appeals where it is alleged
there is error in any order, requirement, decision or determination made by the
Administrator in the enforcement of this chapter." See, Town Code §111-24 (B).
Furthermore, the Coastal Erosion Hazard Board of Review has the authority to "reverse
or affirm, wholly or partly, or may modify the order, requirement, decision or
determination of the Administrator, including stop or cease-and-desist orders." See,
Town Code §111-25.
When considering appeals pursuant to §§ 111-24 & 25, the Board is limited to the
record on appeal and the arguments made before the Board of Trustees. In this instance,
this Board finds, based upon the record before it, that the applicant has supplied the
sufficient information regarding the criteria set forth in §111-9(A-C) of the Town Code to
support the granting of a Coastal Erosion Management Permit.
CONCLUSION
Therefore, in the interests of justice and for the reasons set forth herein, this Board
grants the appeal of the Harrington Family Limited Partnership pursuant to Chapter 111
of the Town Code to re-construct an existing dock in-kind within a nearshore area in a
Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-2-1-12.2 off
Private Road along the west shore of Clay Point, West Harbor, Fishers Island Sound,
Fishers Island, New York 06390.
Dated: November 22, 2016
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TOWN BOARD
COASTAL EROSION HAZARD
BOARD OF REVIEW
TOWN OF SOUTHOLD
In the matter of the Application of
HARRINGTON FAMILY
LIMITED PARTNERSHIP FINDINGS AND
Private Road on Clay Point Road DETERMINATION
Fishers Island, NY
SCTM#1000-2-1-12.2
FINDINGS AND DETERMINATION
Based upon the application, documents contained in the Board's file, site
inspections and testimony received at the public hearing held on November 22, 2016, the
Town Board finds and determines as follows:
ISSUE
Harrington Family Limited Partnership have filed an application with the Town
Board, as the Coastal Erosion Hazard Board of Review (the "Board"), dated October 17,
2016,requesting the following relief:
1. A reversal of the Board of Trustees August 17, 2016 determination preventing the
applicant to re-construct an existing dock in-kind within a nearshore area in a
Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-2-1-
12.2 off a Private Road along the west shore of Clay Point, West Harbor, Fishers
Island Sound, Fishers Island, New York 06390, under Chapter 111 Coastal
Erosion Hazard Areas of the Town Code, pursuant to the provisions of§111-9.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
A. Description of the property and anticant :
The property that is the subject of this application is located on the Private Road
along the west shore of Clay Point and is located on West Harbor. The property consists
of approximately 90,000 square feet of upland area and is improved with a home and
existing dock. The property is located in the residential zone. As confirmed by the
Board of Trustees, and acknowledged by the applicant, the portion of the property where
the proposed work is to be performed is located within the Coastal Erosion Hazard Area
as established by New York State in 1991. The applicant submitted an application to the
Trustees seeking permission to replace existing dock in-kind on the subject parcel.
B. 1 mstees 1''M occdural 11mstory:
I. Application
The applicant filed an application with the Board of Trustees on July 20, 2016
which requested a coastal erosion hazard area permit to replace existing dock in-kind
within a nearshore area in a Coastal Erosion Hazard Area located on property on parcel
SCTM# 1000-2-1-12.2.
II. Public Hearing:
The Trustees held a public hearing on this application on September 21, 2016 at
which time all those interested were given the opportunity to speak.
Keith B. Nelson, PE of Docko Inc. on behalf of the applicant addressed the Town
Board's concerns with regards to the application. It was described that the proposed dock
would be re-constructing an existing dock in kind with natural updated materials and
flow through decking. Furthermore the length of the existing dock was necessary to
reach navigable waters of 4 feet depth or more to negate the need for maintenance
dredging in the future.
III. Trustees Determination and Certificate of Compliance.
On September 21, 2016 the Trustees issued a determination stating that the
proposed dock fell outside the jurisdiction of the Board of Trustees due to the proposed
dock's square footage exceeding 200 square feet and therefore they could not issue a
permit under the tidal wetlands act, as such further application would need to be made to
the Town Board, denying the application without prejudice.
IV.The Town Board Proceeding
On October 17, 2016, the property owners timely filed an appeal of the Trustee's
determination pursuant to Town Code Chapterl l l with the Coastal Erosion Hazard
Board of Review (the Board) seeking the reversal of the Trustees denial. The Board held
a duly noticed public hearing on November 22, 2016 at which time all interested parties
were given the opportunity to present testimony on the application.
Keith B. Nelson, PE of Docko Inc. on behalf of the applicant addressed the Town
Board's concerns with regards to the application. The application is to re-construct an
existing dock in-kind within a nearshore area in a Coastal Erosion Hazard Area located
on property on parcel SCTM# 1000-2-1-12.2 off Private Road along the west shore of
Clay Point, West Harbor, Fishers Island Sound, Fishers Island, New York 06390. This
initial application being made within the Costal Erosion Act as well as the Tidal
Wetlands Act and despite meeting all of the criterial, save one, the limitations on the
proposed square footage of the re-constructed dock is over 200 square feet, was denied.
2
Mr. Nelson addressed the Board's concerns over the length of the proposed dock
stating that the proposed is actually 30 feet shorter than the existing dock, the length is
needed to reach the navigable waters with a minimum depth of 4 feet, as well as the use
of flow through decking will be used to promote eel grass growth.
Mr. Nelson further addressed the Board's concern over the environmental impacts
of dockage over mooring, natural materials over steel, stand-alone piles, or single pile
construction.
Assistant Town Attorney Damon Hagan subsequently appeared and conveyed to
the Town Board that the Board of Trustees were familiar with the proposed plans, the
materials to be used, and the overall project. He further stated that the Board of Trustees,
although the project is outside their jurisdiction,had no objection to the application.
No other members of the public appeared in support or opposition to the
application and the record was closed on November 22, 2016.
APPEAL OF THE TRUSTEE'S DETERMINATION
Pursuant to §111-24 the Town Board is designated as the Coastal Erosion Hazard
Board of Review and has the authority to "[h]ear and decide appeals where it is alleged
there is error in any order, requirement, decision or determination made by the
Administrator in the enforcement of this chapter." See, Town Code §111-24 (B).
Furthermore, the Coastal Erosion Hazard Board of Review has the authority to "reverse
or affirm, wholly or partly, or may modify the order, requirement, decision or
determination of the Administrator, including stop or cease-and-desist orders." See,
Town Code §111-25.
When considering appeals pursuant to §§ 111-24 & 25, the Board is limited to the
record on appeal and the arguments made before the Board of Trustees. In this instance,
this Board finds, based upon the record before it, that the applicant has supplied the
sufficient information regarding the criteria set forth in §111-9(A-C) of the Town Code to
support the granting of a Coastal Erosion Management Permit.
CONCLUSION
Therefore, in the interests of justice and for the reasons set forth herein, this Board
grants the appeal of the Harrington Family Limited Partnership pursuant to Chapter 111
of the Town Code to re-construct an existing dock in-kind within a nearshore area in a
Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-2-1-12.2 off
Private Road along the west shore of Clay Point, West Harbor, Fishers Island Sound,
Fishers Island, New York 06390.
Dated: November 22, 2016
3