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HomeMy WebLinkAboutTR-9021 Michael J.Domino,President ��OF SO(/JyO Town Hall Annex John M.Bredemeyer III,Vice-President ,`O l0 54375 Route 25 P.O.Box 1179 Glenn Goldsmith Southold,New York 11971 A.Nicholas Krupski Telephone(631) 765-1892 Greg Williams &UNT`1, O Fax(631) 765-6641 �� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: (3 I, '? 1t Ch. 275 Ch. 111 INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1St day of construction 71 % constructed i Project complete, compliance inspection. INSPECTED BY: (71, �� . COMMENTS: AAv-_ - Q - - Ole Ji- n��T CERTIFICATE OF COMPLIANCE: Michael J.Domino,President \rjf SUUjy� Town Hall Annex John M.Bredemeyer III,Vice-President h0 �O 54375 Route 25 P.O.Box 1179 Charles J.Sanders jW Southold,New York 11971 Glenn Goldsmith G ® � Telephone(631) 765-1892 A. Nicholas Krupski O a Fax(631) 765-6641 eouwl BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 16, 2017 Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: STEPHEN & CHARLOTTE WAGNER 20 HARBOR RIVER ROAD, ORIENT SCTM#: 1000-24-1-11 Dear Mr. Herrmann: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, August 16, 2017: RESOLVED that the Southold Town Board of Trustees APPROVE the Administrative Amendment to Wetland Permit#9021 to include the connection of water and electricity to the dock; and as depicted on the site plan prepared by En-Consultants last dated April 13, 2017, and stamped approved on August 16, 2017. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, Michael J. Domino President, Board of Trustees MJ D/dd G E C E B V7 I 111 JUL 1 4 2011 =�► S�C�'ION �1-I�U ��0�05�b BOCK Southold TownIII _ 20� Burd of Trustees 5�A50N& DAMP FIX�n �9 1lWF, CATWAX 291 ' 12' UN�?�A�P PACKING 20' 5�A50NAU PAMP-=1 o ( 2) 5V5 611 x 6 UNTP,�AtP CAP5 611 )( 6'' UN��AtP 5TPIN6�F5 + 3O� r20' 5�A50N& FUOAT-] x — yz Ef ANW- �' MINO , 0'-0' �X, 5�ONS 2 2 .6Li tj up E N - CONSULTANTS 8' (tup,) 1319 NORTH SEA RD. ( 2) 10" -T-orr SOUTHAMPTON, W 11968 8 - 9" x VAp, 1- NW-1 PVNG5*- PILIN65* 0-283-6360 ROP05�P POCK FR 5tpN�,N ANP AI.0 PU5 T �� UN11\�ATN2 C 2) 2- PU PO�PHIN5 ( 10") CNA9,Oft WACAM ON OVEW NAMR, OMNT, 51JFFOI K CO., NY 15H�I 1f 2 OF 2 1-12-I-7, 4-13-I-7 Ifj� r 4 C I� F SO �� Michael J.Domino, President Ol Town Hall Annex®� John M. Bredemeyer III,Vice-President 0 54375 Route 25 fffiS P.O. Box 1179 Charles J.Sanders Southold, New York 11971 Glenn Goldsmith ® y� Telephone(631) 765-1892 A.Nicholas KrupskiCOU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line/silt boom/silt curtain 1 st day of construction % constructed Project complete, compliance inspection -,";zmi W T BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK 4 PERMIT NO. 9021 DATE: MAY 17 2017 ISSUED TO: STEPHEN & CHARLOT11' WAGNER PROPERTY ADDRESS: 20 HARBOR RIVER ROAD, ORIENT ypf en SCTM# 1000-24-1-11 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on May 17, 2017, and in consideration of application fee in the sum of$250.00 paid by Stephen&Charlotte Wagner and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct an elevated fixed timber dock consisting of a 4'x491 (196sq.ft.) fixed timber catwalk with a seasonal 4'x121 access ramp at its landward end; a 3'x14' seasonal hinged ramp; a 61x20' seasonal floating dock secured by two(2) 2-pile 1011 diameter dolphins; and two (2) 10"diameter tie-off pilings located approximately 16 feet to north of floating dock; with the condition of the installation of two 4'x6' steps on either side of dock for public access i for riparian rights to traverse the beach; and that a sign no larger than 12"x12"and no higher 1 than the piling denoting public access over the dock be installed; and as depicted on the site plan prepared by En-Consultants,dated April 13,2017,and stamped approved on May 17, 2017. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. &%lif F X 4 J4 ��,. `;P,�,m.'. •�„�` m ,:.\�^sn• �.F?%'', �.P,'.'{,r��. ,t;R:tt"" �.-.,"?>T,mnr.;,.. :�q?.'�'''`' �'•""v:^„tnnV3� m+F' i �'6�`:' A 2q, !�: TERMS AND CONDITIONS The Permittee Stephen cel Charlotte Wagner,residing at 20 Harbor River Road, Orient, New York, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, o f suits arising directly or indirectly as a result of any operation performed pursuant to this permit,and the said Permittee 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. No right to trespass or interfere with riparian rights. 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. _j 5uffdk Cavity Hagstrom Map 50 � Terry�r 111 -2000. " -2000' Gem ce- v b - PS b East Manon Onent Park M O� Ay 'ij r `A YC ' Sou MUS i -i-- , 511E(ACLE55 via HARf30t;DIVER V.. and ORIENT HAMM E N o CONSULTANTS I Cm ® 1319 NORTH SEA RD, Q�= SOUTHAMPTON, NY 11968 LU > 631®233-6360 °°_`' y`' 0 'Q' o 07 ce ry �� ' k 0 o4r EX. STONE REV MENT Notes, I. Purpose:To provide private,noncommercial,seasord boat dockage for oww5'watercraft \�s+ 2, Datum:&LW- 0' -0" (2)\4' x 6' STEPS 3. Water depths(referenced to&M transcribed ��\ gam• � ``�� fromdr y h icy 12' RAMP TO BE ocr�ic survey prepared 6y Nathan Taft Com x 49' FIXED REMOWD SEASONALLY III Land Surveyor,last dated lune 30,2016 ,ZIMBER CATWALK �� 4. Dock to comL-t of entirely of unh-mied lumber and 3' x 20' SEASONAL RAM hot-dipped galvanized steel hardware;floatinq dock Is to 6e equipped wtth c6c6 to keep float elevated above (2) 2-PILE DOLPHINS (10") \ 6ottam at all times (WITH CHOCKS) 5. Dock to 6e equipped with water and edectq* (2)10" TIE-OFF PILES 6. Landward 4'z 1?T' access ramp and terminal hmged ramp . and float are to 6e installed seasonally between May 15 1 \DOCKOSED and Sptember e 21 on an arval'bamr, '7, Three-pile bents to 6e used to support fixed catwalk 8, ('Ian and crossview diaWams are,dmotic in nature and are intended ordy to establish project location,scope,and basic (2) 2-PILE DOLPHINS (10' "��� c,° construction details for permittnq proposes and are not (WITH CHOCKS) 6' x 20' SEASONAL FLOAT 1 �� Intended to serve as or substlhlte for engmeerinq or O construction plans for comTuction purposes �f 1 9, Project,location:20 Na-6or-giver Road,Orient; r 5CTM No,1000-24-1-11 ^ t o : FPOP05ftn 12OCK FOP 5VH�N AN12 6 APR 1 8 2* � CHA1;i.OM WA6W, ON OrMf o--- -H75 o-073 HAPDR, RIM, 5UFFO.K CO., NY SH��f 10F 2 1-12-17, 4-13-I-7 r no 18 2017 5�cfl oN THFIL rp0P05�P POCK �onfl:oltl rosvn ' L'___ —@pard�f TTnsteo 1 I 20 • 5FA50NAI- MF- F19P TIM F, CATWA-K �— 291 ' 121 UNTF,�AtP n�CQNG 20' �A50NAI. o ( 2) 4' 5ff5 6" x 6" UNMATb CAF5 5 p� 6" x 6'' UN1 FKA b 5VIN6�I?5 [--20' 5�A50NAIL FLOAT-] MW-3'-411 �' MIN M��W-O'_0" �X, 5�'ON� �X,G�� �" tt 4" P05f5 (tUp,) 6 E N - CONSULTANTS 1319 NORTH SEA R®, ( 2) 10" TIF-OFF SOUTHAMPTON, NY 11965pII.INGS� 8 - 9" x VAC?. I.M41'N FILINGS* 631-283-6360 ,ROP05H212OCK FR 5tftN ANn ALL FU5 TO P� UNTF\�AT�P ( 2) 2- FU POLPHIN5 ( 10")� CNAI?ILOft WA6W ON OUNf NA OF, OUNT, 5UFFO,K CO., NY 5H�tf 2 OF 2 1-12-1-7, 4-15-11 Michael J.Domino,President ��� ��� Town Hall Annex John M.Bredemeyer III,Vice-President 54375 Route 25 P.O.Box 1179 Charles J. Sanders v, Southold,New York 11971 Glenn Goldsmith yQ Telephone(631) 765-1892 A. Nicholas Krupski COU Fax N Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 17, 2017 Robert E. Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: STEPHEN & CHARLOTTE WAGNER 20 HARBOR RIVER ROAD, ORIENT SCTM# 1000-24-1-11 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, May, 2017 regarding the above matter: WHEREAS, En-Consultants on behalf of STEPHEN & CHARLOTTE WAGNER 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 13, 2017, 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, WHEREAS, the Board of Trustees has furthered Policies 6.1, 9.3, and 9.4 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: Access ramp, hinged ramp and floating dock to be seasonal; floating dock is to be equipped with chocks to keep float elevated above bottom at all times; the installation of stairs on either side of dock for riparian rights; installation of a 12"x12" sign no higher than piling to indicate public access over the dock; and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on April 19, 2017 and May 17, 2017, 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, 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 approve the application of STEPHEN & CHARLOTTE WAGNER to construct an elevated fixed timber dock consisting of a 4'x49' (196sq.ft.)fixed timber catwalk with a seasonal 4'x12' access ramp at its landward end; a 3'x14' seasonal hinged ramp; a 6'x20' seasonal floating dock secured by two (2) 2-pile 10" diameter dolphins; and two (2) 10" diameter tie-off pilings located approximately 16 feet to north of floating dock; with the condition of the installation of two 4'x6' steps on either side of dock for public access for riparian rights to traverse the beach; and that a sign no larger than 12"x12" and no higher than the piling denoting public access over the dock be installed; and as depicted on the site plan prepared by En-Consultants, dated April 13, 2017, and stamped approved on May 17, 2017. 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: None � ul�cy ours, Michael J. Domino President, Board of Trustees MJD/dd Daniel C.Watts 605 Village Lane Orient, NY 11957 April 26, 2017 p E (`_3' EIE Michael Domino, President Southold Town Board of Trustees MAY - 3 2017 P.O. Box 1179 Southold, NY 11971 Southold Town Re:Application of Stephen and Charlotte Wagner: SUM#1000-24-1-11 Board Qf r usWes Dear Mr. Domino and Southold Town Trustees, I am a homeowner in Orient and I am writing in opposition to the proposed dock at 20 Harbor River Road. Public Access As Mark Terry, LWRP Coordinator, notes in his 3/21/2017 Memorandum to the Board regarding this application, "Given the increase in shoreline development,the opportunity to walk the shoreline of the Peconic Estuary is a valuable public asset." The strip of shoreline in question is a particularly valuable one for town residents. It is one of the few points in"Orient Village where the public has access to the bay. Kids have used that shoreline since I was little (and I'm sure before then)to seine for minnows; a dock bisecting the beach would obstruct that activity. That shoreline is also the path to the mouth of the creek,where people go to fish or to swim the current as it rushes out into the bay. A dock would block that path. Practicality That is a shallow beach. The drawing of the dock submitted by EN Consultants (1/12/17) shows 2'of depth at MLLW at the shoreward side of the proposed floating dock. Since, according to NOAA,the lowest low tides will be more than 5 inches below MLLW in Orient Harbor,that leaves only 19 inches of depth. The boat that the dock is being built for draws 20 inches. Even with a normal tide, a good swell in the bay will cause the boat to slam on the ground—especially since that beach is exposed to 2.5 miles of fetch to the south and southwest. I am concerned that the builder will come back to the town requesting an even longer dock to reach out into adequately deep water,further obstructing recreational access. Thank you for your consideration. Best r a ds, Danie atts r Cantrell, Elizabeth From: Daniel Watts <dwatts@echalk.com> Sent: Wednesday,April 26, 2017 9:40 AM To: Cantrell, Elizabeth Cc: Cantrell, Elizabeth Subject: Letter regarding Application SUM #1000-24-1-11 Attachments: Daniel Watts Letter to Southold Trustees regarding Application SUM # 1000-24-1-11.pdf Hello Mrs. Cantrell, Please find attached my letter to the Trustees regarding SCTM#1000-24-1-11. Thanks for your help. Best regards, Daniel Daniel C.Watts eChalk 25 Broadway,9th Floor New York, NY 10004 646.723.3429 917.586.9637 ;€ 212.809.8500 www.echalk.com APR 2 6 2011 Southold Town Board of Trustees 1 l Daniel C.Watts 605 Village Lane Orient,NY 11957 r ' April 26,2017 Michael Domino, President Southold Town Board of Trustees P.O. Box 1179 Southold, NY 11971 Re:Application of Stephen and Charlotte Wagner:SCTM#1000-24-1-11 Dear Mr. Domino and Southold Town Trustees, 1 am a homeowner in Orient and I am writing in opposition to the proposed dock at 20 Harbor River Road. Public Access As Mark Terry, LWRP Coordinator, notes in his 3/21/2017 Memorandum to the Board regarding this application, "Given the increase in shoreline development,the opportunity to walk the shoreline of the Peconic Estuary is a valuable public asset." The strip of shoreline in question is a particularly valuable one for town residents. It is one of the few points in Orient Village where the public has access to the bay. Kids have used that shoreline since I was little (and I'm sure before then)to seine for minnows;a dock bisecting the beach would obstruct that activity. That shoreline is also the path to the mouth of the creek,where people go to fish or to swim the current as it rushes out into the bay. A dock would block that path, Practicality That is a shallow beach. The drawing of the dock submitted by EN Consultants(1/12/17)shows 2'of depth at MLLW at the shoreward side of the proposed floating dock. Since,according to NOAA,the lowest low tides will be more than 5 inches below MLLW in Orient Harbor,that leaves only 19 inches of depth. The boat that the dock is being built for draws 20 inches. Even with a normal tide,a good swell in the bay will cause the boat to slam on the ground—especially since that beach is exposed to 2.5 miles of fetch to the south and southwest. I am concerned that the builder will come back to the town requesting an even longer dock to reach out into adequately deep water,further obstructing recreational access. Thank you for your consideration. Best r a ds, _ FIF APR 2 6 2017 Danie atts Z i I Sci tf�o(J Town n_a._rn o(Trus+ees Cantrell, Elizabeth From: Sarah Burnes <sburnes@thegernertco.com> Sent: Monday,April 24, 2017 4:37 PM To: Cantrell, Elizabeth Subject: dock at the end of Harbor River Road Attachments: letter to trustees.docx Dear Elizabeth Cantrell, Attached,please find a letter for Michael Domino,President of the Board of Trustees, about the dock proposed to be built at the end of Harbor River Road in Orient,NY. best, Sarah Burnes I L APR 2 5 2017 f S116kir,'i0i'M Po.-;d of Tru.',--es 1 April 24, 2017 Michael Domino D --- - President of the Board of Trustees ; Southold Town Trustees `! APR 2 5 2011 Town Hall Annex/First Floor 54375 Route 25 OM P.O. Box 1179 Sade}hold Bard- TrustuSt ies 'Southold, NY 11971-0959 Dear Michael Domino, I am writing to add my voice to the chorus of Orient residents who are dismayed by the application for the construction of a dock at the end of Harbor River Road.We own the house at 435 Skipper's Lane. Our primary access to the water for swimming, kayaking, and walking is off the bulkhead and the beach there, and our view is oriented across the Park and west towards the causeway.We also keep our small sailboat on a mooring in the harbor just off the end of the road. As I know you have heard from others,the bulkhead and beach is a rich ecosystem, with crabs and fish flourishing in the water. Building a dock there-with a motor boat soon to follow-would have a negative impact on the delicate ecosystem of that part of the harbor. It would also block access to the beach- public below the high tide waterline -where our children continue to play even as they grow into teenagers.And as a boat owner myself, I know that there are simple alternative ways for the property owner to access the water,by keeping a boat in the mooring field, and traveling to it by a small row boat or by Orient Yacht Club launch.There is no need for dock to keep a boat in Orient Harbor. The beach at the end of Harbor River Road and.the view beyond it is one of the most precious aspects of living in Orient, and it's tremendously upsetting to think of them being destroyed by the desires of one family. All best, Sarah Burnes 435 Skipper's Lane Orient, NY 11975 (917)453-6197 Cantrell, Elizabeth From: joan turturro <jotas@earthlink.net> Sent: Friday, April 21, 2017 6:30 PM To: Cantrell, Elizabeth Subject: Application by Stephen and Charlotte Wagner, SCTM # 1000-24-1-11/Attention Michael Domino President of the Southold TownTrustees Dear Michael Domino, I have received emails concerning a dock being put in at the end of Harbor River Road in Orient. I am the owner of the Post Office building in the village and also run the Orient Inn. I find this situation to be totally ill-conceived and over-reaching. It will ruin the beauty of the area and also cut off access to the villager's beach. This is also a very fragile water way. There are shell fish and wild life that will be disturbed. It will be on our town beach and it will be a disaster. I hope it is not too late to stop this from happening. This is an area that is very meaningful to all of us folks who live and work in the village of Orient and to not have access would constitute an incredible hardship. Sincerely, Joan Turturro E i APR 2 5 2017 Southold Town Board f Trus°e 1 I Cantrell, Elizabeth From: Laurel Watts <wattslaurel@gmail.com> Sent: Thursday, April 20, 2017 2:08 PM To: Cantrell, Elizabeth Subject: Application by Stephen and Charlotte Wagner, SCTM # 1000-24-1-11 Attachments: Letter to Southoldtrustees2.docx Dear Elizabeth- Thank you for the direction on the FOIA request for the LWRP and the file. I believe I have successfully submitted it. I am also attaching another letter to the Trustees in response to the hearing last night. Thank you, Laurel Watts APR 2 0 2017 Southold Town U r r 7Town April 19, 2017APR 2Michael DominoPresident Board of Trustees Southold Town Hall Annex Board of Trustse 54375 Main Rd. P.O. Box 1179 Southold, NY 11971 Re:Application by Stephen and Charlotte Wagner, SCTM # 1000-24-1-11 Dear President and Trustees, Thank you very much for the opportunity to speak on behalf of my Orient neighbors last night in response to the application referred to above. I wanted to address three points made,but thought it better to reserve my comments for a letter than extend the hearing. I don't object to the proposed dock because "some people don't like change." I have enjoyed watching the evolution of Orient over the past 47 years. When we arrived, folk were friendly but stayed largely to themselves, it was an older community,there were fewer"outsiders." When I first had children in Orient, I had a hard time finding other little kids for them to play with. It was the road end beach and the families who came there that gave my kids their community in Orient. We have since met more people,new and old, at that beach, swimming, kayaking,walking, fishing. This is the kind of change that I embrace. Mr.Wagner also suggested I was primarily interested in preserving my"sunset view." This is not true. From our deck,where we watch the sunset, a dock's interruption will be de minimus. However, from the public road end, a dock and a motorboat will mar the view from dawn to dusk. Finally, Mr.Wagner suggested that the road end provides a nice place to enjoy the water, and that therefore, accessing the beach was not necessary. Currently, folk can access the bay-to wade, swim and kayak-from the beach itself and from a ladder my dad paints with boat paint annually and fixes to the bulkhead. If a private dock is permitted with the accompanying boats,the only true public access to the water at this end of Orient will be my dad's ladder. I have made a FOIA request for the LWRP and look forward to reviewing it. Thank you, Laurel Watts !/Ty Michael J.Domino,President SOF SO �o� Ol0 Town Hall Annex John M.Bredemeyer III,Vice-President 54375 Route 25 P.O.Box 1179 Charles J.Sanders N Southold,New York 11971 Glenn Goldsmith Telephone(631) 765-1892 A.Nicholas Krupski IyCOU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES - TOWN OF SOUTHOLD March 22, 2017 Robert Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 RE: ENVIRONMENTAL DECLARATION OF SIGNIFICANCE PURSUANT TO NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT NYCCR PART 617 'STEPHEN & CHARLOTTE WAGNER 20 HARBOR RIVER ROAD, ORIENT SCTM# 1000-24-1-11 Dear Mr. Herrmann: The Southold Town Board of Trustees adopted the following Resolution at a meeting held on Wednesday, March 22, 2017: DESCRIPTION OF ACTION: En-Consultants on behalf of STEPHEN & CHARLOTTE WAGNER request a Wetland Permit to construct an elevated fixed timber dock consisting of a 4'x49' (196sq.ft.) fixed timber catwalk with a seasonal 4'x12' access ramp at its landward end; a 3'x14' seasonal hinged ramp; a 6'x20' seasonal floating dock secured by two (2) 2-pile 10" diameter dolphins; and two (2) 10" diameter tie-off pilings located approximately 16 feet to north of floating dock. Located: 20 Harbor River Road, Orient. SCTM# 1000-24-1-11 S.E.Q.R.A. NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE: WHEREAS, on February 15, 2017 the Southold Town Board of Trustees found that the application of Stephen & Charlotte Wagner is to be classified as an Unlisted Action- Negative Decision pursuant to SEQRA Rules and Regulations. A Long Environmental Assessment Form and a field inspection have been completed by the Trustees and it is hereby determined that it will not have a significant effect on the environment. WHEREAS, the Southold Town Board of Trustees are familiar with this project having visited the site on February 7, 2017 and March 16, 2017, and having considered plans for this proposed dock at their March 20, 2017 Work Session, and, WHEREAS, in reviewing project plans dated January 12, 2017 and survey with-water depths dated August 13, 2010, it has been determined by the Board of Trustees that all potentially significant environmental concerns have been addressed and noted herein: • Navigation: The proposed dock meets standards and does not extend beyond 1/3 across the waterbody. Depths for the dock terminus are within Town Trustees, New York State Department of Environmental Conservation, and United States Army Corps. of Engineers guidelines, and there is no recognized Federal/New York State/Town navigation channel in the immediate vicinity of the proposed structure. • Scope: The proposed dock is comparable to docks on neighboring properties in an area where docks historically used for commercial and recreational purposes. • Toxicity: The proposed dock decking shall be constructed entirely of non-toxic materials. • Scope in relation to the riparian rights of shelifishers: The plan allows a standard piling design that will not impede access for small vessels at low tide, and those seeking shellfish and crustaceans on foot in season. • Scope in relation to rights of small human powered watercraft to navigate waters adjacent to the proposed structures: At low tide a kayak might be able to paddle beneath this proposed dock. • Scope in relation to view sheds: The seaward end of the proposed dock lies landward of all existing docks that frame the view shed. The perspective from New York State Route 25 will not be discernably different from the existing view currently dominated by surface gear associated with shellfish aquaculture. • Environmental upkeep: The dock design projects a lifespan of 30 years, and with limited pile replacement minimizes bottom disturbance. THEREFORE, according to the foregoing, the Southold Town Board of Trustees Approve and Authorize the preparation of a Notice of a Negative Declaration pursuant to SEQRA for the aforementioned project. If you have any questions regarding the above, please contact this office. Very truly yours, J Michael J. Domino, President Board of Trustees � S.Q 63.5 0 SURVEY OF PROPERTY s co '8F ARA�F` � x'41 °��,�� SITUATE R M F f ORIENT M� �aR cF o c ( TOWN OF SOUTHOLDy�F SUFFOLK COUNTY, NEW YORKOr� . .::,^::. ;;:.;. �3 8 �� Gd.: 8 S' ��� S.C. TAX No. 1000-24-01 — 11 � ���� o��o� : SCALE 1 "=30' °��°��Fo 3� + Po FFNe ✓' QE'p Ro o' ea AUGUST 13, 2010 ° NCF ° �` ... JUNE 30, 2016 WATER DEPTHS � SlF,oS Sol," G a3� J op�yfo d S�� gvr AREA = 46,797 sq. ft. J�� r (TO TIE LINE) 1 .077 cc. '`�a° � `` -JPO "' • 1 �ZS'Y CERTIFIED T0: -14STEPHEN K. WAGNER CHARLOTTE WAGNER CAMBRIDGE TITLE AGENCY, LLC Vf'�I�t kt 1 3 21�17 � �r e. • Sat:.11e!d Town R 4`TT11:�; A ` eQ M O A°� \\ QP 0+0 0 � 0. T \ d d e Q M ° PREPARED IN ACCORDANCE WITH THE MINIMUM \ 0, \ 3FF M STANDARDS FOR TITLE SURVEYS AS ESTABLISHED $ �6 r' GjAND a FOR SUCH USE BYNTHE PNEWVED YOEK--STADOPLTAEDTE ND J ly TITLE ASSOCIATION. /r 0. Lic. No. 50467 ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM . Q,.: ELEVATION HIGHER HIGH WATER MARK 06/30/2016 = 2.3' ELEVATION HIGH WATER MARK 06/30/2016 = 1.6' 00 a UNAUTHORIZED ALTERATION TI ADDITION ELEVATION LOWER LOW WATER MARK 06/30/2016 = —1.7' TO THIS SURVEY ISA VIOLATION of WATER DEPTHS SHOWN IN INCHES ARE REFERENCED TO SECTIDN 72A ❑F THE NEW YORK STATE Nathan Taft Corwin ��� LOWER LOW WATER BEING AT 0 COPIES LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR Land Surveyor �O TO BOSSED BE A VALDLTRUELL NOTCOPY. BE CONSIDERED CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY O s IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND ON. AND Title Surveys — Subdivisions — Site Plans — Construction Layout TONTHE ASSIGNEEDING IS OF ON I THE LENDSTED ING INSTI- TUTION. STII- y 9Pa TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHTS OF WAY 1586 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 30-181A Michael J. Domino,PresidSut Fol �ti a �Q CD Town Hall Annex John M. Bredemid eyer III,Vice-Present 54375 Route 25 Charles J. Sanders y z P.O.Box 1179 Glenn Goldsmith 0 Southold,NY 11971 A.Nicholas Krupski ?,�o ®! Telephone(631)765-1892 �. Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: 36117 Completed in field by: Aj,91(opfk_ En-Consultants on behalf of STEPHEN & CHARLOTTE WAGNER request a Wetland Permit to construct an elevated fixed timber dock consisting of a 4'x49' (196sq.ft.) fixed timber catwalk with a seasonal 4'x12' access ramp at its landward end; a 3'x14' seasonal hinged ramp; a 6'x20' seasonal floating dock secured by two (2) 2- pile 10" diameter dolphins; and two (2) 10" diameter tie-off pilings located approximately 16 feet to north of floating dock. Located: 20 Harbor River Road, Orient. SCTM# 1000-24-1-11 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=4 Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1. Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 Ch. 111 SEQRA Type: 1 II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey <_ 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: 6ce,(-ek rwrr, j Present were: J. Bredemeyer M. Domino G. Goldsmith N. Krupski I� C. Sanders Other Page I of 2 Michael J.Domino,Presid' ,�f �QS�IFFQ(�CO Town Hall Annex John M. Bredemeyer III,Vice-President ��O G�� 54375 Route 25 Charles J. Sanderso P.O.Box 1179 Glenn Goldsmith Southold,NY 11971 A.Nicholas Krupski Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: Completed in Work Session by: En-Consultants on behalf of STEPHEN & CHARLOTTE WAGNER request a Wetland Permit to construct an elevated fixed timber dock consisting of a 4'x49' (196sq.ft.) fixed timber catwalk with a seasonal 4'x12' access ramp at its landward end; a 3'x14' seasonal hinged ramp; a 6'x20' seasonal floating dock secured by two (2) 2- pile 10" diameter dolphins; and two (2) 10" diameter tie-off pilings located approximately 16 feet to north of floating dock. Located: 20 Harbor River Road, Orient. SCTM# 1000-24-1-11 Ch. 275-12 - STANDARDS FOR ISSUANCE OF PERMIT MET=X or Comment=* A. Adversely affect the wetlands of the Town: B. Cause damage from erosion, turbidity or siltation: C. Cause saltwater intrusion in the fresh water recourses of the Town: D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife & vegetation or the natural habitat thereof: E. Increase the danger of flood and storm-tide damage: F. Adversely affect navigation tidal waters or the tidal flow of the tidal waters of the Town: G. Change the course of any channel or the natural movement or flow of any waters: H. Weaken or undermine the lateral support of other lands in the vicinity: I. Otherwise adversely affect the health, safety and general welfare of the people of the Town: J. Adversely affect the aesthetic value of the wetland and adjacent areas: Ch. 111-9 - ISSUANCE OF PERMIT MET=X or Comment=* A. Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location: B. Is not likely to cause a measurable increase in erosion at the proposed site and at other locations: C. Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources: D. 525% Expansion/Calculation Work Session Notes Application Complete SEQRA Classification Confirmed Coordinated Review Y/N Pos/Neg Declaration CAC: LWRP: Additional information on comments/to be discussed/Public Hearing: Date: Completed By: Present: J. Bredemeyer M. Domino G. Goldsmith N. Krupski C. Sanders E. Cantrell D. Di Salvo Other Page 2 of 2 'rt'r r: r r• .��'�\�t� � .._ .. . �5..:�'~_ .°.i'•►etl�� �5�-_ _ .,•r,=t�i��k��'J�t`� sns i_ly • t�..�r q -. .. ' _ ♦ q , - �j �t��*,t`a rv�.Y.�I'll�l�.�:�'P � � as � �� '.1��•.' / �4"i- -r _ r r t "` �i y,,,,;. Chs• Fs•' �'`l�'H �S. c�.�stiit9+•w� i.- .,t'' ..yar`J y �`. k �i'xlrr ��� _ •� � � � / 16I�2017 9 : 16 J Andrew Smith February 12, 2017 Michael Domino FEB 1 5 2017 President Board of Trustees Southold Town Hall Annex Southold town Board Trustoes 54375 Main Rd. P.O. Box 1179 Southold, New York 11971 Re:Application by Stephen and Charlotte Wagner, SUM# 1000-24-1-11 On behalf of myself, Suzanne Smith and Allison Smith Dworetzky, co-owners of 680 Bay Avenue West, Orient, New York, a property proximate (one door down)to Harbor River Road in Orient, New York, I write to respectfully request that the Trustees deny the above-referenced permit application. We are in receipt of the letter to you dated February 10, 2017 from Laurel Watts of 295 Harbor River Road, Orient, New York, recommending against the above-referenced application, and join in and second the Watts's well-pled objections to this application. I lack the technical expertise to comment on the potential environmental impact of the proposed dock, for instance on matters of washout and soil erosion, but recommend to the Trustees that they carefully investigate, given the frequent and severe issues that Harbor River Road end already experiences (at significant public cost, as evidenced by the recent public works to rehabilitate the end that Ms. Watts references in her letter). Orient Harbor, and the waterfront that surrounds it, is a wonderland. I applaud anyone's desire to get their feet into the waters of Orient Harbor,the Wagners certainly included. But it's essential to Orient as a community that we preserve the existing public access points and vistas,for the benefit of all. On many a summer evening,the public access point at the end of Harbor River Road will have families picnicking, exploring the high water line, and marveling at the always remarkable sunset over the causeway. Ms. Watts refers to it as a treasure for all, and really it is. Many generations (and counting) of my family have celebrated in the Harbor River Road end, swimming off the ladder, casting fishing lines off the bulkhead, and warming in the sun. The beach at Harbor River Road is a long gradual beach, shallow enough to wade some 40 feet out, perfect for kids splashing about chasing minnows and snappers or picking through the shells and seaweeds the tide throws up to the high water mark. And given the shallow rise,the low-to-high water lines reveal a huge expanse of beach,filled with rocks and washed-up bits of sealife to investigate. The proposed dock, bisecting the beach and proclaiming it unwelcome,would change all of that forever. The vista will be broken and interrupted, and explorers will not feel comfortable crawling under the dock to wander the beach, or crossing the fragile seagrasses above the dock on the Wagners' beachfront to reach the beach. Even my addled teenagers already know that someday they'll have kids of their own sitting on the bulkhead at sunset, and swimming and wading about that beach,just like they do today and my sister Allison and I did thirty years ago. As an Orient property owner, and a member of the public, we respectfully request that you deny the referenced application. Re"mith pectfully submitted, A6 Orient, New York 11957 917-841-2116 andrewwsmith@optonline.net cc: Suzanne Smith;Allison Smith Dworetzky; Laurel Watts E V1, F E B 1 5 2017 Southold Town a T e 2 Cantrell, Elizabeth From: Scott <getscots@aol.com> Sent: Monday, February 13, 2017 8:02 PM To: Cantrell, Elizabeth Subject: Wagner application: SCTM #1000-24-1-11 Dear Ms Cantrell: My family and I reside on Skippers Lane in Orient. We learned about our neighbors,the Wagner's, application while out of town this week, and want to express our concern in letter form as we are unable to attend this week's hearing before the Trustees in person. While we don't want to impinge on their enjoyment of their property,the shape and scale of the project would impinge on the community's right to access and enjoy the small beach where it would be located, a beach and view that have long been central to the community's waterfront. We believe that the proposed dock will restrict access to and enjoyment of this public beach from along the shoreline and mar the historic, natural viewshed both from the small town park area at the end of Harbor River Road and towards the village and Orient Harbor from our bay. We ask the the board to consider the size and placement and suspend consideration until other neighbors have opportunity to learn about the project and weigh in later this year. Sincerely, Scott Stein Sent from my mobile phone. r� t 4.�9 fes✓ +w".S FEB 1 3 2017 So ahold R wr, f Board of Trustces �1 1 February 13, 2017 D E C E � V E Michael Domino President F E B 1 4 2017 Board of Trustees Southold Town Hall Annex soiithold Torn 54375 Main Rd. Board ofTrustees P.O. Box 1179 Southold, NY 11971 Re:Application by Stephen and Charlotte Wagner. SCTM # 1000-24-1-11 As adjacent property owner, I am writing to request that the Trustees not grant a permit to construct a dock across the public beach at the end of Harbor River Road requested in the application referred to above. The permit should not be granted because: 1) the dock,which bi-sects the beach,would interfere with and obstruct public use in violation of§96 Boats. Docks and Wharves and§275 Wetlands and Shorelines;' 2) the 101' dock would interfere with public transit of the beach in violation of §96 and§275; 3) the dock would mar one of the most beautiful views in Orient enjoyed by residents from the Harbor River Road End in violation of§96 and 275; 4) the dock creates dangerous conditions for residents, property and the environment in violation of§96,§275 and§111 Coastal Erosion Hazard Area Law 5) construction of the dock across the beach would create a bad precedent, possibly leading to docks along the southeastern sweep of Orient Bay. I. Dock Obstructs Public Use The proposed dock bi-sects the small and beautiful Orient Harbor Beach and extends at least 89'into a popular public swimming area, interfering with public use of the beach and the surrounding waters,and therefore should not be permitted under§96-3(a) and§275-11(c)(2)(d) (2). 1 In Boats.Docks and Wharves.Section 96-3 empowers the Board of Trustees to authorize permits for dock"in or on Town waters or public lands under or adjacent to Town waters...provided that the[dock]not obstruct or interfere with...the public use of said waters or lands." §96-3(a) Section 275,entitled Wetlands and Shorelineswas enacted to preserve Southold's wetlands for its current and future residents in the face of increasing development,specifically"fixed and floating docks." The purpose of the regulations includes"protection of aesthetics,public access and recreation."§275-3(b) 1 The drawings submitted with the application show a dock, (including a 4X12 foot ramp, a 4'X49' fixed timber catwalk plus a 3'X20'ramp and a 6'X20' floating dock)Z that runs from the edge of the Wagner property across the entirety of the Orient Harbor Beach,bisecting the beach and limiting public access to the beach, the water for swimming and kayaking and the popular fishing rocks at the mouth of Orient Creek. This beach is a public treasure, used daily by Town residents. Last year the Town (at some expense!) rehabilitated the road end at Harbor River Road, making it easier for Southold residents to access this beautiful beach. Kids play in the shallow water, residents swim off a ladder on the bulkhead, launch kayaks to explore Orient Creek, collect beach glass,watch the ospreys' nests on the adjacent beach, seine for minnows in the creek mouth, cast at dawn and dusk off the rocks at the end of the beach.3 As an adjacent landowner, I observe the comings and goings of people all day long enjoying this one public place to access the water by a beach on this side of Orient. In the evenings,people come down the watch the majestic sunset across the causeway. This dock would interfere with the public use of the beach and the waters off the beach. The presence of a large private dock will inhibit people from going down on the beach-it looks private and unwelcoming. It would physically obstruct the use of the beach-residents would have to climb over or crawl under a 4'high dock to get to the other side of the beach. The calm shallow water that is welcoming to swimmers and young kayakers would be split in two by a long dock that reaches to the outer end of the nearby public bulkhead. §275-11C(2) sets forth the standards for"granting, denying or limiting permits"for docks. The Trustees much consider a list of factors, including"whether the dock will unduly interfere with the public use of waterways for swimming,boating, fishing. . . and other water-dependent activities."4 Because the dock proposed would unduly interfere with the public use of the beach and the water off the beach and off of the Town bulkhead at Harbor River Road end the Trustees should deny the permit. II. Dock Interferes With Public Transit This objection is related to the above,but needs to be addressed separately. Section 275-11C(2)(d)(3) requires the Trustees,before issuing a permit,to determine 2 This portion of the dock violates§275-11C(1)(b)(1)which requires that residential docks that include a"floating dock portion"not be"larger than six feet wide and 20 feet long." With the ramp- (which is part of the floating dock portion)the proposed dock is 40'long. 3 The beach at the end of Harbor River Road comprises Town waters and public land adjacent to Town waters. Harbor River Road end is included among the road ends that provide access to the water and enjoy such use by residents that it requires a town permit.See§189-2(B)(1) 4§275-11 C(2)(d)(2) R E c � ] 0 2 FEB 1 4 2017 r whether the dock would have the "harmful effect" of"unduly interfer[ing] with transit by the public along the public beaches or foreshore." Indeed, All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock,to enable persons to pass and repass around said dock, or steps or a ramp allowing pedestrian passage. This dock's interference with public transit on the beach cannot be"cured"by leaving a passageway at the landward end. The Wagner property connects to the beach by a sand bluff planted with beach grass. Because of erosion,this bluff shifts and residents are careful to NOT to walk on it. According to the drawing a 4x12' ramp reaches above the SHW line into this bluff. Residents will be loath to climb the bluff onto the Wagner's property to skirt the dock. M. Dock Mars Views One of the prettiest places in Southold Town is the Harbor River Road End. There is a broad sweep of beach, from the foot of the bulkhead, past the mouth of Orient Creek,along the beach of osprey nests,toward the causeway. It is natural, undeveloped,wild. Southold Town residents come to the road end to enjoy this view, particularly as the sun sets over the causeway. A 101' dock,jutting out into this viewshed would mar this quiet, natural view. Section 275 repeatedly requires the Trustees to deny applications where the proposed dock would interfere with "scenic quality"5 "views" "vistas" and "viewsheds."6 The Town Code (§275-12 J) allows the Trustees to issue a permit"only if it determines that such operations will not substantially adversely affect the aesthetic value of the wetland and adjacent areas." The dock proposed in the application would substantially adversely affect the beauty of Orient Harbor Beach and the untrammeled sweep of the beach surrounding Orient Creek. IV. Dock Is Dangerous s%} N The dock proposed would present several dangers to public health and safety, o coastal erosion, and the environment. a� m co LAM, 5 §275-11C(2)(b)(1) No dock shall be erected or extended if,in the opinion of the Trustees,such structure would adversely affect navigation,fisheries,shell fisheries,scenic quality,habitats or wetland areas.(emphasis added) 6§275-11C(2)(d)(10)Trustees must consider the following harmful effects:"Whether the dock will adversely affect views,viewsheds and vistas important to the community."(emphasis added) 3 The dock creates a danger to health and safety of town residents: Boats operating off the dock would compete with swimmers, adversely affecting the health and safety of Town residents.? The dock is dangerous because it is sited in the Coastal High Hazard Zone. The proposed dock is sited on a beach that is within the Coastal High Hazard Zone and is vulnerable to hurricanes and winter storms.8 Section 111 of the Town Code, entitled Coastal Erosion Hazard Area Law was enacted specifically to: 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." This section was enacted in response to the Town's findings that the coastal erosion hazard area: Experiences coastal erosion which causes extensive damage to publicly and privately owned property_and to natural resources, as well as endangers human lives.When this occurs, individuals and private businesses suffer significant economic losses, as do the Town and the state, either directly through property damage or indirectly through loss of economic return. Large public expenditures may also be necessitated for the removal of debris and damaged structures and replacement of essential public facilities and services. 7§275-12(I). Again the Trustees must determine that the dock would not"substantially adversely affect the health,safety and general welfare of the people of the Town." 8 See Southold LWRP Flooding and Erosion,Map 11-19 [attached]. This area is in the VE Zone— Coastal High Hazard(e.g.100 year floodplain and high velocity tidal surges and hurricane wave wash.) 9 This dock requires a coastal erosion permit because it is a"structure"regulated under Section 111- 6. Structure:Any object constructed,installed or placed in,on or under land or water,including ...a...dock." It is not a dock included in Unregulated Activity:defined as"wharves or structures built on floats, columns,open timber piles or other similar openwork supports with a top surface area of less than 200 square feet or which are removed in the fall of each year'because the dock proposed is a structure built on floats...and open timber piles with a top surface area of greater than 200 feet." Although portions of the proposed dock are removed in the fall of each year,the entirety is not. The "or"is critical. E E ,if D �i 4 F E B 1 4 2017 L Because of these risks, a coastal erosion management permit can be issued for a new dock only if the Trustee find that the dock: A. Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location. B. Is not likely to cause a measurable increase in erosion at the proposed site and at other locations. C. Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources.10 In this instance the dock is not reasonable and necessary,considering alternatives. A careful study of the water depths and the dock plan indicates that the 101' dock will have the boat and floating platform in 2' of water (at the landward end) and 3'6" of water at the seaward end, at mean low water. We understand that the boat the Wagners intend have at the dock draws 20". So,under perfectly still and average conditions, it only has 4" of clearance at the land end and 22" at the seaward end. If the water is lower than that(which it is about a week out of a month, according to NOAA tide records), and/or if there is any wave action (which there often is across the bay),the boat is banging on the bottom. If the dock is built and this is the situation,then what happens? Dredging? Permission to extend the dock? The alternative is to moor the boat off the beach in the deeper water of Orient Harbor, which many Orient residents do. In addition,it is likely that the dock on this storm-vulnerable sand beach would cause a measurable increase in erosion. Finally,the proposed dock does not prevent erosion. Given the above,the Trustees should not issue a coastal erosion management permit. In addition, Section 275 also proscribes construction of a dock where there is a high likelihood of damage and destruction with concomitant dangers to the public." The dock endangers the environment: This beach is connected to Orient Creek. They are both within the NY State Designated Significant Coastal Fish and Wildlife Habitat.12 Any construction (and regular emission of gas and oil from boat engines) would affect this sensitive and valuable area. io§111-9 Issuance of Permit ii A stated purpose of§275 is to[regulate]the wetlands ... in order to [prevent]storm damage" „ o Before any permit is granted,the Trustees must determine that the dock would not substantially `" o "increase the danger of flood and storm-tide damage."§275-12(E). 12 See Southold LWRP Significiant Coastal Fish and Wildlife Habitats,Ecological Complexes and w Critical Natural Resource Areas,Map 11-14[attached]. i V. Bad Precedent Finally,the Trustees should carefully consider the precedent created by granting a permit in this case. Although Orient Hamlet is a waterfront town,there are limited places for residents to access Orient Bay. South of Orient Harbor Beach there is a run of bulkheads and private docks. The beach in front of the Bay Houses has a "Private" sign posted. The beach that runs south of the Yacht Club Dock cannot be accessed, except by scrambling down off the dock. Not until you reach the road end at Narrow River Road is there any meaningful public access to the beach along the Orient Bay. If this dock were permitted, all the houses south of the Yacht Club with beach access would have a good precedent to argue for their own permits. Such docks would burden the Town for all of the reasons listed above, but it would be hard to reject the applications in those instances,were the dock here to be permitted. Conclusion I appreciate the Trustees'time and attention in this matter. For any and all of the above reasons, I respectfully request that the Board of Trustees deny the Permit requested for the construction of a dock in the Application of Stephen and Charlotte Wagner (SCTM #100-24-1-11). Laurel Watts 295 Harbor River Road Orient, NY 11957 (718) 216-6609 is wattslaurel@gmail.com I V E cc: Orient Association F E B 1 4 2017 Southold Conservation Advisory Council Southold Town Board Trustees 6 TOWN OF SOUTHOLD LOCAL WATERFRONT REVITALIZATION PROGRAMA SIGNIFICANT COASTAL FISH AND WILDLIFE HABITATS, ECOLOGICAL Y COMPLEXES AND CRITICAL NATURAL RESOURCE AREAS ,fJ� (;rliVl►h:�rr1• "Lt.Mr"J1 C4MItf t ��`� (00 PIT P4001 lUAft0%CO&Wk IT 11 e- 114 m �� T 101, $47A^po ► i ( a i Ecc No [�� d/� �/ ho�t►N►GtR 1—1 fir► b IuC M COM►,t c _ %V"bftoto r. 04��- WAWA t00%Wj" MM.o M Arsm mr-6 Mwr coo racc+l '►� ccw, r �: mob cwRho B. *A.***A.**ar%00 sM a.r G.iw�.s+w w ttiMr ..sra+�Gwr41r ww.a �s,.r,r aF«x�i+ Q-lrQ a4nu n+ 16 �✓ � , .2/r�/ or i lva Cap-L, s c 7 m J aDD -a - �- CONNV-CTI-'--UT TOWN OF SOUTNOLO LOCAL WATERFRONT REVITALIZATION PROGRAM rLOODIN3 ANO EROSION FEB 1 7 ���l�ii�iN!.'aJ►3t1+►'� it � $6Uthi;l,T * Board `Trus'*es r .. y ' BAD" 7 V ' ��H t0 � R�t9�tIUMD . Its s Gadnets Bay Aft cofo ' e r • . _ . _ l E G E N 0 r . ... F Vft Ito"we 0,09 r r \ Mea++ *00060#1 -ft-we ',7p wow k.'#~RMM a4",0-4 r* ,"toWl ♦ itmo 'rwr"M" K*s s*N+ow" wger*w♦ a.V rwe•,� ?044 / *was "w o ww*R tv -, M.&P 11 SOIL, .,►mss � ;� r.. j USt s ..•1111 . 'a !, 6',r y/�-Py� � � r-- l%—d I� d�C4mEn5 5uhm ►� Ed �y �. ur; �lffechme�� ,� � 'J Cantrell, Elisabeth From: Laurel Watts <wattslaurel@gmail.com> Sent: Monday, February 13, 2017 7:12 AM To: Cantrell, Elizabeth Cc: Martha Watts; Nadja Pinnavaia and Daniel Watts Subject: Application of Stephen and Charlotte Wagner: SCTM #1000-24-1-11 Attachments: Letter to Southold Trustees.docx Dear Ms. Cantrell- I am attaching my letter(with two attachments)to the Board of Trustees in response to the above application for a permit to build a dock,which is scheduled for public comment this Wednesday,February 15 at 5:30. I am also Fedexing a hard copy of the letter and the attachments to the Board of Trustees. I am out of the country,but my mother,Martha Watts,will be attending the meeting of the Board to make our comments in person. Thank you, Laurel Watts D E C E � V E F E B 1 3 2011 Southold Town i4Y.QFSotToL4AL LVAGFFKT ITAIiZAii3N RNCCNNE-GTi::L " 9 ' a Trustees " � -�,p •. �.IFC.027DIA'G1S�tQ�Rp'Slth`t - - uw 1 ,,,m. ,._....,.,,�..,._.... ...._._•.. ., � „�w.�.. .` 4- ,.` = Car�nzss Hai =fit• °'�'� � -°trxes^c� cw�. -- .»r%.�, 1.,'i`'J � ".+, ` ; � - T ci}... v<i.<xm w«d- w✓nw - - , - ,cYs- ;a. C•tx.CC F<'CdY".G EW,'�1 r•. �, �••.:N,.n ....rc. .s.. ...s5�<s+.., i. ..dw.. .. .. 1 . ......_... ............. ....._,......,... _ ...................... ..... ....�,,.,,,._..„ w Tow OF SOUTHOLO LOCAL WATERFRONT KWTAUZATION PROGRAM' SIGNIFiCAW COASTAL FISH AND VALOUPE HABITATS„ECOLOGICAL,' -J•,y COfitP / }!1 l.E7tE3 AND CR1TiGAL NATURAL RESOURGBAREAS `=�"��• A£AVf 23^IIS+tRF r3IM0 •«NA,• F •y p.i�.,•�'n. &4N�lF ' sue eac*=;-s=ue. �,, ..sda.. K.�.w�. .'' '•°^��,i .� - of•:,'e"«"«'"'t-"�:"�,v wlk N4-:: „„•- '•,. , ./`, if$s.y� • Y'';'� �4�� �..�.+'� L11 {: ...av>. •'<( ,N� 6: � 9 »@}A q,., I.•"� ..-vSs��+Y.lerz,:cwMY.tTYaYaY L..a^1 \\�li."•....;.._....'-- c ...:�hT'..�.�":%33' _ � YY av' b�mcd.wu..W x?w4exna T€MiCiF `(� :< ,.,.a..¢;. •m..xx+Mac r.:ar M8A 11.45 2 February 13, 2017 Michael Domino Q E C E Q R l� E President Board of Trustees F E B 1 3 2017 Southold Town Hall Annex 54375 Main Rd. P.O. Box 1179 Southold Town Boar Trustoes Southold, NY 11971 Re:Application by Stephen and Charlotte Wagner. SCTM # 1000-24-1-11 As adjacent property owner, I am writing to request that the Trustees not grant a permit to construct a dock across the public beach at the end of Harbor River Road requested in the application referred to above. The permit should not be granted because: 1) the dock,which bi-sects the beach,would interfere with and obstruct public use in violation of§96 Boats. Docks and Wharves and§275 Wetlands and Shorelines;' 2) the 101' dock would interfere with public transit of the beach in violation of §96 and§275; 3) the dock would mar one of the most beautiful views in Orient enjoyed by residents from the Harbor River Road End in violation of§96 and 275; 4) the dock creates dangerous conditions for residents, property and the environment in violation of§96, §275 and§111 Coastal Erosion Hazard Area Law 5) construction of the dock across the beach would create a bad precedent, possibly leading to docks along the southeastern sweep of Orient Bay. I. Dock Obstructs Public Use The proposed dock bi-sects the small and beautiful Orient Harbor Beach and extends at least 89' into a popular public swimming area, interfering with public use of the beach and the surrounding waters, and therefore should not be permitted under§96-3(a) and§275-11(c)(2)(d) (2). ' In Boats.Docks and Wharves.Section 96-3 empowers the Board of Trustees to authorize permits for dock"in or on Town waters or public lands under or adjacent to Town waters...provided that the [dock] not obstruct or interfere with...the public use of said waters or lands." §96-3(a) Section 275,entitled Wetlands and Shorelines,was enacted to preserve Southold's wetlands for its current and future residents in the face of increasing development,specifically"fixed and floating docks." The purpose of the regulations includes"protection of aesthetics,public access and recreation."§275-3(b) 1 The drawings submitted with the application show a dock, (including a 4X12 foot ramp, a 4'X49' fixed timber catwalk plus a 3'X20'ramp and a 6'X20' floating dock)z that runs from the edge of the Wagner property across the entirety of the Orient Harbor Beach,bisecting the beach and limiting public access to the beach, the water for swimming and kayaking and the popular fishing rocks at the mouth of Orient Creek. This beach is a public treasure, used daily by Town residents. Last year the Town (at some expense!) rehabilitated the road end at Harbor River Road, making it easier for Southold residents to access this beautiful beach. Kids play in the shallow water, residents swim off a ladder on the bulkhead,launch kayaks to explore Orient Creek, collect beach glass,watch the ospreys' nests on the adjacent beach, seine for minnows in the creek mouth, cast at dawn and dusk off the rocks at the end of the beach.3 As an adjacent landowner, I observe the comings and goings of people all day long enjoying this one public place to access the water by a beach on this side of Orient. In the evenings,people come down the watch the majestic sunset across the causeway. This dock would interfere with the public use of the beach and the waters off the beach. The presence of a large private dock will inhibit people from going down on the beach-it looks private and unwelcoming. It would physically obstruct the use of the beach-residents would have to climb over or crawl under a 4'high dock to get to the other side of the beach. The calm shallow water that is welcoming to swimmers and young kayakers would be split in two by a long dock that reaches to the outer end,of the nearby public bulkhead. §275-11C(2) sets forth the standards for"granting, denying or limiting permits" for docks. The Trustees much consider a list of factors, including"whether the dock will unduly interfere with the public use of waterways for swimming,boating, fishing. . . and other water-dependent activities."4 Because the dock proposed would unduly interfere with the public use of the beach and the water off the beach and off of the Town bulkhead at Harbor River Road end the Trustees should deny the permit. II. Dock Interferes With Public Transit This objection is related to the above,but needs to be addressed separately. Section 275-11C(2)(d)(3) requires the Trustees, before issuing a permit,to determine z This portion of the dock violates§275-11C(1)(b)(1)which requires that residential docks that include a"floating dock portion"not be"larger than six feet wide and 20 feet long." With the ramp- (which is part of the floating dock portion)the proposed dock is 40'long. 3 The beach at the end of Harbor River Road comprises Town waters and public land adjacent to Town waters. Harbor River Road end is included among the road ends that provide access to the water and enjoy such use by residents that it requires a town permit.See§189-2(B)(1) 4§275-11 C (2)(d)(2) 2 i whether the dock would have the "harmful effect" of"unduly interfer[ing] with transit by the public along the public beaches or foreshore." Indeed, All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock,to enable persons to pass and repass around said dock, or steps or a ramp allowing pedestrian passage. This dock's interference with public transit on the beach cannot be "cured"by leaving a passageway at the landward end. The Wagner property connects to the beach by a sand bluff planted with beach grass. Because of erosion,this bluff shifts and residents are careful to NOT to walk on it. According to the drawing a 4x12' ramp reaches above the SHW line into this bluff. Residents will be loath to climb the bluff onto the Wagner's property to skirt the dock. III. Dock Mars Views One of the prettiest places in Southold Town is the Harbor River Road End. There is a broad sweep of beach, from the foot of the bulkhead, past the mouth of Orient Creek, along the beach of osprey nests,toward the causeway. It is natural, undeveloped,wild. Southold Town residents come to the road end to enjoy this view,'particularly as the sun sets over the causeway. A 101' dock,jutting out into this viewshed would mar this quiet,natural view. Section 275 repeatedly requires the Trustees to deny-applications where the proposed dock would interfere with "scenic quality"s "views" "vistas" and "viewsheds."6 The Town Code (§275-12 J) allows the Trustees to issue a permit"only if it determines that such operations will not substantially adversely affect the aesthetic value of the wetland and adjacent areas." The dock proposed in the application would substantially adversely affect the beauty of Orient Harbor Beach and the untrammeled sweep of the beach surrounding Orient Creek. IV. Dock Is Dangerous The dock proposed would present several dangers to public health and safety, coastal erosion, and the environment. 5 §275-11C(2)(b)(1) No dock shall be erected or extended if,in the opinion of the Trustees,such structure would adversely,affect navigation,fisheries,shell fisheries,scenic quality,habitats or wetland areas.(emphasis added) 6§275-11C(2)(d)(10)Trustees must consider the following harmful effects:"Whether the dock will adversely affect views,viewsheds and vistas important to the community." (emphasis added) 3 The dock creates a danger to health and safety of town residents: Boats operating off the dock would compete with swimmers, adversely affecting the health and safety of Town residents.? The dock is dangerous because it is sited in the Coastal High Hazard Zone. The proposed dock is sited on a beach that is within the Coastal High Hazard Zone and is vulnerable to hurricanes and winter storms.$ Section 111 of the Town Code, entitled Coastal Erosion Hazard Area Law was enacted specifically to: 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.9 This section was enacted in response to the Town's findings that the coastal erosion hazard area: Experiences coastal erosion which causes extensive damage to publicly and privately owned property and to natural resources,as well as endangers human lives.When this occurs,individuals and private businesses suffer significant economic losses, as do the Town and the state, either directly through property damage or indirectly through loss of economic return. Large public expenditures may also be necessitated for the removal of debris and damaged structures and replacement of essential public facilities and services. 7§275-12(I). Again the Trustees must determine that the dock would not"substantially adversely affect the health,safety and general welfare of the people of the Town." 8 See Southold LWRP Flooding and Erosion,Map 11-19 [attached]. This area is in the VE Zone- Coastal High Hazard(e.g.100 year floodplain and high velocity tidal surges and hurricane wave wash.) 9 This dock requires a coastal erosion permit because it is a"structure"regulated under Section 111- 6. Structure:Any object constructed,installed or placed in,on or under land or water,including ...a...dock." It is not a dock included in Unregulated Activity:defined as"wharves or structures built on floats, columns,open timber piles or other similar-openwork supports with a top surface area of less than 200 square feet or which are removed in the fall of each year"because the dock proposed is a structure built on floats...and open timber piles with a top surface area of greater than 200 feet" Although portions of the proposed dock are removed in the fall of each year,the entirety is not. "The "or"is critical. 4 1 Because of these risks, a coastal erosion management permit can be issued for a new dock onlv if the Trustee find that the dock: A. Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location. B. Is not likely to cause a measurable increase in erosion at the proposed site and at other locations. C. Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources.10 In this instance the dock is not reasonable and necessary, considering alternatives. A careful study"of the water depths and the dock plan indicates that the 101' dock will have the boat and floating platform in 2' of water (at the landward end) and 3'6" of water at the seaward end, at mean low water. We understand that the boat the Wagners intend have at the dock draws 20". So, under perfectly still and average conditions,it only has 4" of clearance at the land end and 22" at the seaward end. If the water is lower than that(which it is about a week out of a month, according to NOAA tide records), and/or if there is any wave action (which there often is across the bay), the boat is banging on the bottom. (It is surprising that the consultants did not see this). If the dock is built and this is the situation,then what happens? Dredging? Permission to extend the dock? The alternative is to moor the boat off the beach in the deeper water of Orient Harbor,which many Orient residents do. In addition,it is likely that the dock on this storm-vulnerable sand beach would cause a measurable increase in erosion. Finally, the proposed dock does not prevent erosion. Given the above, the Trustees should not issue a coastal erosion management permit. In addition, Section 275 also proscribes construction of a dock where there is a high likelihood of damage and destruction with concomitant dangers to the public." The dock endangers the environment: This beach is connected to Orient Creek. They are both within the NY State Designated Significant Coastal Fish and Wildlife Habitat.12 Any construction (and regular emission of gas and oil from boat engines) would affect this sensitive and valuable area. to§111-9 Issuance of Permit 11 A stated purpose of§275 is to [regulate]the wetlands ... in order to [prevent] storm damage" Before any permit is granted,the Trustees must determine that the dock would not substantially "increase the danger of flood and storm-tide damage."§275-12(E). 12 See Southold LWRP Significiant Coastal Fish and Wildlife Habitats,Ecological Complexes and Critical Natural Resource Areas,Map 11-14[attached]. 5 � a - V. Bad Precedent Finally,the Trustees should carefully consider the precedent created by granting a permit in this case. Although Orient Hamlet is a waterfront town,there are limited places for residents to access Orient Bay. South of Orient Harbor Beach there is a run of bulkheads and private docks. The beach in front of the Bay Houses has a "Private" sign posted. The beach that runs south of the Yacht Club Dock cannot be accessed, except by scrambling down off the dock. Not until you reach the road end at Narrow River Road is there any meaningful public access to the beach along the Orient Bay. If this dock were permitted, all the houses south of the Yacht Club with beach access would have a good precedent to argue for their own permits. Such docks would burden the Town for all of the reasons listed above, but it would be hard to reject the applications in those instances,were the dock here to be permitted. Conclusion I appreciate the Trustees'time and attention in this matter. For any and all of the above reasons, I respectfully request that the Board of Trustees deny the Permit requested for the construction of a dock in the Application of Stephen and Charlotte Wagner (SCTM #100-24-1-11). Laurel Watts 295 Harbor River Road Orient, NY 11957 (718) 216-6609 wattslaurel@gmail.com cc: Orient Association Southold Conservation Advisory Council 6 Michael J. Domino,Preside SVFFoj�� � 0 COG � Jt � � Town Hall Annex John M. Bredemeyer III,Vice-Presiaent may` y� 54375 Route 25 Charles J. Sanders cm = P.O.Box 1179 Glenn Goldsmith Southold,NY 11971 A.Nicholas Krupski Telephone(631)765-1892 Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD nn Date/Time: '-7 Completed in field by: En-Consultants on behalf of STEPHEN & CHARLOTTE WAGNER request a Wetland Permit to construct an elevated fixed timber dock consisting of a 4'x49' (196sq.ft.) fixed timber catwalk with a seasonal 4'x12' access ramp at its landward end; a 3'x14' seasonal hinged ramp; a 6'x20' seasonal floating dock secured by two (2) 2-pile 10" diameter dolphins; and two (2) 10" diameter tie-off pilings located approximately 16 feet to north of floating dock. Located: 20 Harbor River Road, Orient. SCTM# 1000-24-1-11 CH. 275-3 - SETBACKS WETLAND BOUNDARY: Actual Footage or OK=� Setback Waiver Required 1. Residence: 100 feet 2. Driveway: 50 feet 3. Sanitary Leaching Pool (cesspool): 100 feet 4. Septic Tank: 75 feet 5. Swimming Pool and related structures: 50 feet 6. Landscaping or gardening: 50 feet 7. Placement of C&D material: 100 feet TOP OF BLUFF: 1.' Residence: 100 feet 2. Driveway: 100 feet 3. Sanitary leaching pool (cesspool) 100 feet: 4. Swimming pool and related structures: 100 feet Public Notice of Hearing Card Posted: Y / N Ch. 275 h. 111 SEQRA Type: 1 II Unlisted Action Type of Application: Pre-Submission Administrative Amendment Wetland Coastal Erosion Emergency Violation Non-Jurisdiction Survey <_ 5 years: Y/N Wetland Line by: C.E.H.A. Line Additional information/suggested modifications/conditions/need for outside review/consultant/application completeness/comments/standards: Present were: r'/J. Bredemeyer M. Domino G. Goldsmith N. Krupski / C. Sanders Other Page 1.of 2 Michael J. Domino,Preside;, ` Sv�FO(�-� O C0� Town Hall Annex John M. Bredemeyer III,Vice-President �� '�j, = 54375 Route 25 Charles J. Sanders _ P.O.Box 1179 Glenn Goldsmith Southold,NY 11971 A.Nicholas Krupski Telephone(631)765-1892 ®� a Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Date/Time: Completed in Work Session by: En-Consultants on behalf of STEPHEN & CHARLOTTE WAGNER request a Wetland Permit to construct an elevated fixed timber dock consisting of a 4'x49' (196sq.ft.) fixed timber catwalk with a seasonal 4'x12' access ramp at its landward end; a 3'x14' seasonal hinged ramp; a 6'x20' seasonal floating dock secured by two (2) 2-pile 10" diameter dolphins; and two (2) 10" diameter tie-off pilings located approximately 16 feet to north of floating dock. Located: 20 Harbor River Road, Orient. SCTM# 1000-24-1-11 Ch. 275-12 - STANDARDS FOR ISSUANCE OF PERMIT MET=X or Comment=* A. Adversely affect the wetlands of the Town: B. Cause damage from erosion, turbidity or siltation: C. Cause saltwater intrusion in the fresh water recourses of the Town: D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife & vegetation or the natural habitat thereof: E. Increase the danger of flood and storm-tide damage: F. Adversely affect navigation tidal waters or the tidal flow of the tidal waters of the Town: G. Change the course of any channel or the natural movement or flow of any waters: H. Weaken or undermine the lateral support of other lands in the vicinity: I. Otherwise adversely affect the health, safety and general welfare of the people of the Town: J. Adversely affect the aesthetic value of the wetland and adjacent areas: Ch. 111-9 - ISSUANCE OF PERMIT MET=X or Comment=* A. Is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location: B. Is not likely to cause a measurable increase in erosion at the proposed site and at other locations: C. Prevents, if possible, or minimizes adverse effects on natural protective features and their functions and protective values, existing erosion protection structures and natural resources: D. :525% Expansion/Calculation Work Session Notes Application Complete SEQRA Classification Confirmed Coordinated Review Y/N Pos/Neg Declaration CAC: LWRP: Additional information on comments/to be discussed/Public Hearing: Date: Completed By: Present: J. Bredemeyer M. Domino G. Goldsmith N. Krupski C. Sanders E. Cantrell D. Di Salvo Other Page 2 of 2 Stephen&Charlotte Wagner 20 Harbor River Road,Orient SCTM#: 1000-24-1-11 2/7/17 t�h k,yrr• , " . it. � Af A __ '• ` �. .• 'fir Y f ,rte► � Yrs G .++ • . sr « m .a .f �,.�, ,�`�„ � •ft .,�- - .' .>- �f �' ._: :_ •+SIS- . s M r a or ell h.K _ _ r _ a r ..-.. •,.:, � _J�F ., � ? A Y.I.. �'e � �C� �- #� Stephen&Charlotte Wagner (20 Harbor River Road,Orient ,. 'SCTM#: 1000-24-1-11 /7/17 f Nil '3 i , s 4 7 `. �L Irl i, ._♦ �. ...; , � ,.111! ' i.,� �• -_ . b ' - p � r%.! ,�(� J �+ Akw - low 41k `4-%^ J ♦ +'''+ ,.jilt ,+ .+ • .00, ' Ar '+ •,� �- , � ��....«. -_ tea' •s �'�• d�/�� ��''s '� '1✓ �"' .. - _ � -' .` is .4 _ i aw tephen&Charlotte Wagner Harbor 000 2/7/17 Zaim � �• '�� ..,�� - tis '.A./f•"mow'^�..-`�.,..a+.i �''^S:: ^ • ;,- • - ��� ►- �_„r.j_ _ - � - _. - ", .°`,� - s� ,?.rte.- _ �,_ s�.�`.. =' -.,.._ ...�.` 1!-. •� ��}r .'��� � - mar - - y , -., Im Stephen&Charlotte Wagner 20 Harbor River Road,Orient SCTM#: 1000-241-11 2/7/17 r w � +'�', � - - .... ti,••,;yam,.. r•.•�!''• - s _ _ ... ... Aft�" • STEPHEN AND CHARLOTTE WAGNER,20 HARBOR RIVER ROAD,ORIENT M y 1 ' art Figure 1. Aerial view of subject property and neighboring dockage facilities to south on May 11,2016. Photo by Google Earth. --_ - �F �,, r ��'�-�.� J ����"�-C':"z'.s-- 'sem"� - rr '�=-..�•��^"`-'r Ss" _ . Figure 2.Looking southwest into Orient Harbor over proposed dock location. 0 STEPHEN AND CHARLOTTE WAGNER,20 HARBOR RIVER ROAD, ORIENT CA owl _ war* b�_,,i,.,`+� �-•��„s..�^.' � � � �. - rsA1�►w'.+*r'•s�..+�,r 'r�' rw• Ar Figure 3. Looking northeast from mean lower low water line of Orient Harbor toward upland and over proposed dock location. Fes.' _ ,-•. .re. � '-�;�- - - `.� Figure 4. Looking southeast along Orient Harbor shoreline during mean lower low tide on June 30,2016. 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FL-n Vo "L us", / -� Long Beach pt J Cleves Pt ®LH Mail"12 vN � s a 7 O e 2 t in(c> 9 / F y STq�l g O a ST. • 1 2 " (9MPPERS(q/ F 3 a W) s h CO 131 \ 47A(c) yo g1 g \ 9 14 s <Q 8 tg d xr Oq \g VO +' 15 d s - �\O26 1g ¢ SEE SEG NO 132 \\ 12 m7 m L i \�\Oso 4 20 $ ig a»] \ A 19 e \ 21 m �sr g n \\M4Q s 285 281 a xelQ� xNave � N S m � S ------ '�� --'a-- _ -- -- NOTICE ,g.r®w,� COUNTY OF SUFFOLK C x sou7xoln SECTION NO (ot) Real Property Tax ServlceAgency v a�Eo M M 24 q r sraici xo tooa PROPERTY MAP coxv[nsaxwiE ie r4�r _— • Cantrell, Elizabeth From: Robert Herrmann <rherrmann@enconsultants.com> 'Sent: Wednesday, May 17, 2017 3:13 PM To: Cantrell, Elizabeth Cc: Domino, Michael; Bredemeyer,John; DiSalvo, Diane Subject: - Wagner Liz, in connection with the application of Stephen and Charlotte Wagner, please be advised that I was just informed by Andrew Walker, Regional Natural Resources Supervisor for the NYSDEC,that the NYSDEC Tidal Wetlands Permit for the proposed Wagner dock(as most recently depicted on the plans prepared by En-Consultants, last dated April 13, 2017) was issued today with an effective date of May 17,2017. As soon as we receive a hard copy of the permit, I will forward it to you for your file. Best, Rob Robert E.Herrmann,MEM Coastal Management Specialist En-Consultants 1319 North Sea Road Southampton,NY 11968 Phone:631-283-6360 Fax:631-283-6136 Email:rherrmann@enconsultants.com www.enconsultants.com 1 Cantrell, Elizabeth From: Robert Herrmann <rherrmann@enconsultants.com> Sent: Tuesday, May 16, 2017 4:13 PM To: Cantrell, Elizabeth; DiSalvo, Diane Subject: Wagner application Liz/Diane, As I am unable to attend the continuation of the public hearing tomorrow evening, Ian Crowley plans to attend on behalf of the Wagner and myself in case there is any additional discussion that requires response from the applicant. To that end, I authorize Mr. Crowley to speak on behalf of our application. Regards, Rob Robert E.Herrmann,MEM Coastal Management Specialist En-Consultants 1319 North Sea Road Southampton,NY 11968 Phone:631-283-6360 Fax:631-283-6136 Email:rherrmann@enconsultants.com www.enconsultants.com 1 'A LWRP General Policies In Relation to Residential Docks Town Trustee Checklist: Town Trustee Review of LWRP Consistency Review for Stephen & Charlotte Wagner of LWRP Coordinator,Mark Terry, dated March 21,2017 Proposed Situated at SCTM# 1000-24-1-11 Policy 1: "C"/"IC"/?/NA/Elaborate degree of ,l Enhances community character s If/e,4� In dock area contributing to community character Orl,64- ` 4idal l Community dock possible to preserve open space I" 4 Makes efficient use of infrastructure A Makes beneficial use of a coastal location C— Minimizes adverse effects of developmentL Policy 2: Dock itself a historic resource of local/national import MA Dock to be located area with history of docks C Policy 3: Located in area where docks dominate certain views C Located in area where dock will extend beyond pier line Located in area with formal scenic protections © " Located in area/adjacent to "known scenic area-" �(e S Policy 4: Minimize loss of life from flooding/erosion C Unsafe area to board/disembark from vessels C-1 Meets USACE navigation 111/3" rule C- In area suitable for emergency response/"safe harbor" � y Scaled/sited to minimize loss of structure from flooding �" LWRP General Policies In Relation to Residential Docks Town Trustee Checklist: C, Scaled/sited to minimize loss of structure from erosion Located in area where loss likely from ice/wind/wave In o de t-a�e Minimizes loss of natural resources from flooding and erosion N4 Policy 5: Protects & improves water quality (WQ) T Constructed to Chapter 275 & general practice Dock in still-water area where 100% non-toxic needed Siting allowing hanging filter feeders/aquaculture Water service to dock impacting water supply J ✓�� � Located in area where vessel waste-water control needed dI ec� Ah Policy 6: Protects/restores ecosystem quality & function 4); 19ded)AI fV4J �✓ Located in officially designated CEANital area 61c Area known to Trustees to contain protected species She ,fp(?U, Area of suspected protected species w/study needed AD Policy 7: Air quality (generally NA) t`J A Policy 8: Minimize environmental degradation from solid wastes Minimize environmental degradation from hazardous waste PA Still-water area where bilge wastes an issue It)7A Additional toxic bottom paint controls needed 'Ir.-c_- Additional vessel waste-water controls/ban needed' Policy 9: Provides public access ✓y LWRP General Policies In Relation to Residential Docks Town Trustee Checklist: Increases total access for boats/aquaculture in Town from favorable zoning provisions (two boat other than owner/aquaculture) C Minimizes or prevents loss of riparian access C, Minimizes loss of public recreation C, Policy 10: Protects water-dependent(WD) uses Siting promotes new WD uses WD use siting in suitable location Provide access for licensed baymen Policy 11: Promotes sustainable use of living marine resources Possible shellfish aquaculture/baymen access C Policy 12: Protect agricultural lands Policy 13: Promote appropriate mineral/energy use Above found "Inconsistent" by Town Trustees to be returned to "Consistency": (list policies from worksheet and means to return to consistency, use additional sheets as necessary) ® �9G�Cr1J�'n f u,Q ��L✓!Y✓rte G a �wr� ck S1 j,-4 ' s- Y 1E'wr. f �Yilr�( G6?'J7cr`r�l 6 t' �O,�l[�f Gt�.�„f'G���'f e��jOL�k.��`e vic�f'�GcJ �l�/n! 1,9G6/, i,else/S LWRP report "Inconsistencies" not addressed by above to be returned to"Consistency":(list policies and means to return to consistency, use additional sheets as necessary) f -Y� N veil Jai 14 014r„::�, rtio//&51 / 1 LWRP General Policies In Relation to Residential Docks Town Trustee Checklist: Considerations: 1)Are any "Inconsistencies" so substantial in relation to policies to preclude effectively mitigating to "Consistency". Is additional information needed? S- Verb/lofi,.f n / V<,1Fis4 AV,,, ltd r e vim ,r,MA-,"Af v1G /C' /Vo(,4� f 2� 1%e sj-e/ Al&l ��� I'eJy(�r,t f f 9CA//.t ef 2)Do inconsistencies substantiate denial of the riparian right to wharf out? 4d-0,je / I _ �L7 yA44Ve -¢i 7`�' s S�? r��Z� !/?G��t�/ �'�' 2nd Gv ✓i elf ,k, area� f�✓!'/�.�.7-tel���c�P� '�G'�J��� �a���rs�`��e',�`' Qn,L�J (/e/d qi-e ,14f e ,Id Q c,,Id C41h vle Additional Discussion: oa o/ f /n G�/rz�Y jos ra ese� T 1�� �e �JesC aeh�i� ������" 7 Jr�. (Y ` U h 4vL./N �n,,-1J" � q Azr "✓ v q J' b n els" Q,..r /J /9,0 l& v)rG'w�+q )vt c� a�?3 fol ves�l �,t S • ;� iS ,moo yro)n ehl (equirernat,Is O&Vcd CrILICI it a,1,Of 4dQpl pi' ere\blwAd zq� ,bb-,t Prepared by. Date: Cc: William Duffy, Town Attorney Cc: Mark Terry, LWRP Coordinator EN-CONSULTANTS rte^ �rr 1� �------- _; i April 14,2017 R; o J; Mike Domino,Chairman `S` APR 18 2017 } Board of Trustees,Town of Southold P.O.Box 1179 t Southold,NY 11971 i 5outho;d Town s_Boa d T-usten _ 1 Re: Stephen and Charoltte Wagner,20 Harbor River Road,Orient; SCTM 1000-24-1-11 Dear Mr.Domino: In response to comments made by staff of the New York State Department of Environmental Conservation or contained in the "Memorandum" submitted by the LWRP Coordinator, dated March 21, 2017, we have made the following revisions to the proposed dock design: 1) To further confine the seasonality of the dock beyond the initially proposed annual removal date of September 215; the plan now indicates that the ramp,float, and inclined access ramp at the landward end of the dock will be installed no earlier than May I5`6 and removed no later than September 215`. As such, the dock will only be in use during the administrative shelffishing closure period for the area north of the Orient Yacht Club and will not be in use during the period from November to March when Orient Harbor supports wintering waterfowl populations. 2) To completely eliminate the potential introduction of harmful contaminants associated with treated wood that could potentially impact shel 1sh or finfish populations or the neighboring aquaculture operations in Orient Creep the plan now indicates the dock is to be constructed entirely of untreated materials 3) To ensure that the floating dock remains elevated above the benthic environment even during extreme low tide conditions, the plan now indicates that the floating dock will be supported by four(4)pilings to accommodate chocks beneath the float. 4) To ensure access below mean high water (and thus seaward of the Wagner property) is maintained at all times, the permanent catwalk has been modified with access steps on both sides to allow safe pedestrian access over the dock The above described changes are depicted on the project plan prepared by En-Consultants, last dated April 13, 2017, three (3) copies of which are enclosed herewith. A detailed response to the LWRP Coordinator's memorandum is provided under separate cover. Res ectf illy yours, Robe E.Herrmann Coastal Management Specialist 1319 North Sea Road I Southampton,New York 11968 1 p 631.283.6360 1 f 631283.6136 wwwenconsultants.com environmental consulting EN-CON - — ER,� T U ill . April 14, 2017 APA 1 8 20179 Mike Domino,Chairman Board of Trustees,Town of Southold f P.O. Box 1179 00AI ld Town Southold,NY 11971 Boyrd�`i,ut gs— ` — Re: Stephen and Charoltte Wagner,20 Harbor River Road, Orient; SCTM 1000-24-1-11 Dear Mr. Domino: I am in receipt of a copy of a "Memorandum" submitted to you by Mark Terry, LWRP Coordinator, dated March 21, 2017. Mr. Terry's memorandum indicates his positions that a)the proposed project is inconsistent with-Policies 6 and 9 of the Local Waterfront Revitalization Program policy standards and b) our application does not sufficiently address whether the project meets the "dock standards" set forth by Section 275-11 of the Town Code. Therefore, in response to this memorandum and as a supplement to the narratives already submitted with our wetlands permit' application and LWRP consistency assessment form, I am submitting the below information and revised project plan, last dated April 13, 2017,three(3) copies of which are enclosed herewith. Although the Consistency Assessment Form submitted with our application addresses the project's consistency with Policy 6, the memorandum notes in general terms some impacts that could result from the construction of dock structures in Orient Harbor, including the physical loss of vegetation due to structure placement, construction practices, and chronic shading. • As determined by a physical site inspection of the proposed dock location, there is no tidal wetland vegetation or submerged aquatic vegetation that could be physically lost or impacted by the placement or construction of the dock. Moreover, the 4'wide fixed catwalk is proposed to be elevated four feet above the beach to protect against shading impacts if any such vegetation were present or appeared in the dock location in the future. The memorandum also notes the potential physical and functional loss of wildlife habitat, including loss and impairment of habitat, disruption of migration patterns, and introduction of harmful contaminants from treated wood. • To further confine the seasonality of the dock beyond the proposed annual removal date of September 215; the revised plan now indicates that the ramp,float, and inclined access ramp at the landward end of the dock will be installed no earlier than May 15`h and removed no later than September 215`. As such, the dock will only be in use during the administrative shelyiishing closure period for the area north of the Orient Yacht Club and will not be in use during the period from November to March when Orient Harbor supports wintering waterfowl populations. And to completely eliminate the potential introduction of harmful contaminants associated with treated wood that could potentially impact shellfish or finfish populations, the revised plan indicates the dock is to be constructed entirely of untreated materials, including 1319 North Sea Road I Southampton,New York 11968 1 p 631.283.6360 1 f 631283.6136 www.enconsuitants.com environmental consulting the framing. Additionally, to ensure that the floating dock remains elevated above the benthic environment even during extreme low tide conditions, the design has also been modified to employ chocks beneath the float. With respect to Policy 9.3 of the LWRP, the LWRP Coordinator appears to articulate the position that rather than wharf out from one's own property with a private dock structure, an owner of private waterfront property should instead avail himself of his riparian rights by accessing the waterway from a public access point, stating that"all docks extending out into a public water body adversely affect the public use and access along the foreshore and nearshore areas of such water bodies." • While Policy 9 requires improving existing public access points; providing increased public access to the shoreline; and ensuring,that private residential development not preclude public access along the shoreline or result in adverse impacts on public interest in public lands under water, this conclusory statement regarding "all docks" is unsupported by the LWRP and Chapter 275, the latter which explicitly sets forth standards for the permitting and construction of private docks. Rather, this appears to be a personal position of the LWRP Coordinator, with which the applicant(and historically the Southold Board of Trustees)disagrees. In his discussions of the eight factors to be used in assessing potential adverse impacts on public interest in public lands under water and the Policy 9.4 objective of assuring public access to public trust lands and navigable waters, the LWRP Coordinator continually relies on the conclusory premise that a dock structure not only necessarily impedes or hinders access and use of public waters but presumably does so in a way that precludes the coexistence of any dock with the use of public lands under water. Because the majority of the LWRP Coordinator's determinations are thus so generalized that they could be applied to any dock proposed over public bottom lands without supporting analysis of its site-specific design, I have limited my below responses to those statements regarding Policy 9 on pages 3, 4, 5, and 6 of the memorandum that appear to evaluate or seek further information about the specifically proposed dock design and dock location associated with this particular application. 1) The scope of the dock has been limited so that it is designated by Chapter 111 of the Town Code as a structure not requiring a Coastal Erosion Management Permit. 2) As the dock design has been revised to eliminate all treated lumber, the dock would have no potential ecological impact on the aquaculture operations in Orient Creek to the northwest. 3) Although the dock will not impede, hinder, or reduce public access to Orient Harbor, the proposed seasonal installation and removal dates of May 15th and September 21st will minimize the time period during which the floating dock will occupy public bottom lands. Specifically, the dock will be in use for approximately 4 months per year. 4) During approximately 8 months of the year, the dock will extend 13 feet seaward of mean lower low water (MLL99. When in use, the dock facility will a) extend no more than 50 feet seaward of MLLW, b) reach a maximum water depth of 42 inches at MLLII; and c) not extend as far seaward as the adjacent, bulkheadedlrevetted road end. Therefore, at no time of the year will the dock obstruct access to the waterway from the adjacent road end, affect a designated navigation channel or otherwise obstruct navigation (recreational or commercial); or cause a 2 paddle craft or small boat entering from or passing by the adjacent road end to venture any farther offshore into deep or dangerous waters. 5) During approximately 8 months of the year when the seasonal access ramp at the landward end of the dock is absent, public access along the shoreline would be maintained below mean high water around the landward end of the permanent fixed catwalk When the dock is in use and the landward access ramp is in place, public access along the shoreline would still be maintained above mean high water between the landward end of the ramp and the seaward toe of the adjacent stone revetment. Therefore, in order to ensure access below mean high water (and thus seaward of the Wagner property) is maintained at all times, the permanent catwalk has been modified to provide access steps on both sides to allow safe pedestrian access over the dock as well. The below responds to the statements in the memorandum relating to the assertion that the application does not demonstrate that the project conforms to all dock standards set forth in Chapter 275 and is thus inconsistent with Policy 6.3. 1) Chapter 275 requires that the length of a dock include the dimensions of the vessel but only in connection with Section 2 75-11(C)(2)(b)(2), wherein the dock's length, including the dimension of the vessel, shall not exceed a distance greater than one-third the total width of the waterbody. Because the width of Orient Harbor here exceeds a quarter-mile, as indicated on the project plan, the exact vessel dimensions in connection with this dock standard are inconsequential to this application. 2 &3) The dock will not unduly interfere with the public use of Orient Harbor for swimming, boating, or other water-dependent activities; and it will not unduly interfere with transit by the public along the public beaches. Although a letter submitted by a nearby property owner asserts that the dock will interfere with public use of the beach and surrounding waters, in part because "residents would have to climb over or under a 4'high dock to get to the other side of the beach," the dock design belies this claim. As noted above, the initial dock design allowed for unobstructed pedestrian access above mean high water around the landward end of the dock; and the revised design now provides for additional access below mean high water over the dock Therefore, the dock would not physically preclude passage along the beach or prohibit swimming,fishing, or kayaking on either side of the dock 4) The dock would not significantly impair the use or value of waterfront property located adjacent to the dock, which includes the Town road to the east and property to the northwest that is separated from the dock by the mouth of Orient Creek 5) As modified, the dock will consist entirely of untreated materials and will thus not have the potential to cause the degradation of surface water quality or other natural resources. 6) The proposed dock which will be constructed entirely of untreated materials; will have seasonal and limited intrusion into Orient Harbor, and will allow passage over, under, and around its landward end, will not cause habitat fragmentation or loss of significant coastal fish and wildlife habitats. 3 11)As stated in the Consistency Assessment Form submitted with our application, the proposed dock would be located along a historically developed shoreline characterized by 7 other docks located within an approximately 1,000 lf southerly radius of the subject property, including the recently constructed dock located approximately 560 feet south of the subject property at 220 Bay Lane (Wetlands Permit No. 8572, March 18, 2015) and the Orient Wharf Company pier farther south, which extends approximately 500 feet into Orient Harbor. The subject property represents the most northerly developed property in the developed shoreline that stretches between the Orient Wharf pier to the south and the mouth of Orient Creek to the north. Placement of a dock at this location would not cause any cumulative impacts that would change the waterway or the environment, though as described extensively above, the dock has been designed for minimal impact with respect to its use of untreated materials, seasonality, and overall physical scope. 12)It appears that this standard applies to a commercial facility and is thus immaterial to the application. Although I trust that the above information provides sufficient response to the LWRP Coordinator's extensive memorandum,please let me know if you require any additional information from me. Resp ctfully yours, Robert . Herrmann Coastal Management Specialist 4 Cantrell, Elizabeth From: Cantrell, Elizabeth Sent: Monday,April 17, 2017 1:42 PM To: Robert Herrmann; DiSalvo, Diane Cc: Bredemeyer,John; Domino, Michael Subject: RE:Wagner documents Rob, I have received your email and have printed out the attachments for the Board to see during tonight's work session. Once I receive the originals, I will add them to the record. Elizabeth From: Robert Herrmann [mailto:rherrmann(@enconsultants.com] Sent: Monday, April 17, 2017 12:55 PM To: DiSalvo, Diane Cc: Cantrell, Elizabeth; Bredemeyer, John; Domino, Michael Subject: Wagner documents Diane, attached are three documents I'm submitting in connection with the pending Wagner application to be heard by the Board at Wednesday's meeting: 1) A revised project plan, last dated April 13, 2017 2) A cover letter dated April 14, 2017, describing the changes depicted on the revised project plan 3) A letter dated April 14, 2017, submitted in response to the LWRP Coordinator's March 215`memorandum Please confirm receipt of this email and that you can have these documents printed out and made available to the Trustees at their work session this evening. Hard copy sets will be delivered to your office via FedEx tomorrow. Thanks so much, Rob Robert E.Herrmann,MEM Coastal Management Specialist En-Consultants, 1319 North Sea Road Southampton,NY 11968 Phone:631-283-6360 Fax:631-283-6136 Email:rherrmann@enconsultants com www.enconsultants.com i _ Suffolk cavb4 � ECEIVE Tanr�r -2000` kk ' FOR1 7 2017 ���, l �� IL Southold Town 4• �o,��, P1, oa Tr e w Mr1 5hf( M55 vu FA' M OVER 137, ad Ok' w KAITM �a N n CONSULTANTS otic, 1319 NORTH SEA RD SOUTHAMPTON, NY 11 968 631®283.636 ell EX. STONE R MENT Notes I, purpose:to prw&FrKIA6,mwmuterct4.season al boat dakaw for owrwrs'water,,& \s 2)��4' x ti STEPS 2. Vahan:A lW—O'-O" f� •yam ( 3. Water depths(referainad to A lW)transcribed is 12' RAMP TO BE frau k*w4L-—,+e4 prepared 6q N.If.fAC. 4x 49 FIXED REM O D SEASONALLY III Laid Surveyor,last dated Jm 30,2016 TIMBER CATWALK Q, nock to axsaof etrdq of u*eated lurber and 3' x 20' SEASONAL RAM\ �\ hot dipped gdvaitzed steel hardware:floaWm dodo Is (2) 2—PILE DOLPHINS (10-) \ to be muipped with dicks to keep flat devoted above (WITH CHOCKS) dl tines t \ t 9. Dock to be equipped wath waber ad deetriclh{ (2)1 O" TIE—OFF PILES \ ' 6. Landward k'x 12'aces ramp aid termrd hinged ranp PROPOSED \\\ ad float av to be WWW seIlq between May 19 \ s an ad 5�21 ai an aE•basis \\oCK 7. -Ilree-pile bents to be used to sport ftzed cabvalk 8, Flan ad Qos i wsvle JI&T ns are sd�in nahre and we Intended ariq to establish prq)ect location,scope,and haste (2) 2—PILE DOLPHINS (10") J�' �, corsbwtvn details for permffjnq prposes ad are rnt (WITH CHOCKS) 1 Intended to save as or srzbstthate for erglrwertrt a O 6' x 20' SEASONAL FLOAT constnutbn��for amstrLxtm P 9. Fro�ect location:20 Hata-knrer k'oad,Orient; r� 59M%.1000-24-1-11 FPOPO5�P POCK FR 5SPHN ANP A CHAS OM WMW ON OUNf HAMR, OffNf, 5UFFOLK CO,, W 5 of I OF 2 1-12-17, 4-13-17 Z. C,EIVE S�C�'ON �1-I�U ��0�05�n POCK 1 " - 20' APR 1 7 2017 Southold Town Board f Trustou 5CA50NAL AJvV F102 TIMCfF, CATWALK i 2 q9' UNTFW�P PACKING L20' 51�A50NAL r?AMp o (2) 5V5 6 x 6 JNTF�AtP CAP5 6" UNTF�ATEP 5TpIN(V5 r 301+ �-20' 5�A50NAL FLOAT-1 5TON� 4' MINMLLW-O'-0' CX,G�ACJc - -i _�,,� P05T5<tup.) X, Gt 1Pc 131',? NGTI; 01< RL"). (2) 10" -T-OFF =5 IA T =N, Nv 11968 t'ILINGS ��3 1-2"C'3)-�� u�� 6 -9 " x VApL�NGTN f'IUNGS� (TKI?LT-FU D3 W5) PWFO51�12 POCK For 5fM%ANP &L PILF5 TO P� IJNTR; A1�n C 2) 2- FILA POVIHIN5(10") CNAI;I,OM WA6W ON OUNT HAP3R, Ot;I K 5UFFOLK CO., NY 5N�ET 2 OF 2 1-12-I-7, -13-11 I EN-CONSULTA E C E V E i April 14,2017 APR 1 7 2017 Mike Domino,Chairman Board of Trustees,Town of Southold Southold Town P.O.Box 1179 Bar of Trustee Southold,NY 11971 Re:Stephen and Charaltte Wagner,20 Harbor River Road,Orient, SCTM 1600-24-1-11 Dear Mr.Domino: In response to comments made by staff of the New York State Department of Environmental Conservation or contained in the "Memorandum" submitted by the LWRP Coordinator, dated March 21, 2017, we have made the following revisions to the proposed dock design: 1) To further confine the seasonality of the dock beyond the initially proposed annual removal date of September 215`, the plan now indicates that the ramp,float, and inclined access ramp at-the landward end of the dock will be installed no earlier than May IS'"and ren-ioved no later than September 21", As such, the dock will only be in use during the administrative shellfrshing closure period for the area north of the Orient Yacht Club and will not be in use during the period from November to March when Orient Harbor supports wintering waterfowl populations. 2) To completely eliminate the potential introduction of harmful contaminants associated with treated wood that could potentially impact shellflsh or finfish populations or the neighboring aquaculture operations in Orient Creek, the plan now indicates the dock is to be constructed entirely of untreated materials 3) To ensure that the floating dock remains elevated above the benthic environment even during extreme low tide conditions, the plan now indicates that the floating dock will be supported by four(4)pilings to accommodate chocks beneath the float. 4) To ensure access below mean high water (and thus.seaward of the Wagner property) is maintained at all times, the permanent catwalk has been modified with access steps on both sides to allow safe pedestrian access over the dock. The above described changes are depicted on the project plan prepared by En-Consultants, last dated April 13, 2017, three (3) copies of which are enclosed herewith. A detailed response to the LWRP Coordinator's memorandum is provided under separate cover. Res ectfully yours, Robe E.Herrmann Coastal Management Specialist T 1319 North Sea Road I So ithampton,New York 11968 j p 631 283 6360 F f 631283 6136 sry..c r=_ sultant coy Y envi,onmental consulting } 1 1 j EN-CONSULT "� CD E � E- 3 April 14,2017 Mike Domino, Chairman APR 1 7 2017 'DD Board of Trustees,Town of Southold I P.O.Box 1179 Southold Town Southold,NY 11971 B a o Tr tee Re: Stephen and Charol>Ft+e Wagner,20 Harbor River Road,Orient; SCTM 1000-24-1-11 Dear Mr. Domino: i I am in receipt of a copy of a "Memorandum" submitted to you by Mark Terry, LWRP Coordinator, dated March 21, 2017. Mr. Terry's memorandum indicates his positions that a)the proposed project is 1 inconsistent with-Policies 6 and 9 of the Local Waterfront Revitalization Program policy standards and b) our application does not sufficiently address whether the project meets the "dock standards" set forth by Section 275-11 of the Town Code. Therefore, in response to this memorandum and as a supplement to the narratives already submitted with our wetlands permit application and LWRP consistency assessment form, I am submitting the below information and revised project plan, last dated April 13,2017,three(3) copies of which are enclosed herewith. Although the Consistency Assessment Form submitted with our application addresses the project's consistency with Policy 6, the memorandum notes in general terms some impacts that could result from the construction of dock structures in Orient Harbor, including the physical loss of vegetation due to structure placement,construction practices, and chronic shading. o As determined by a physical site inspection of the proposed dock location, there is no tidal f wetland vegetation or submerged aquatic vegetation that could be physically lost or impacted by the placement or construction of'the dock. Moreover, the 4'wide fixed catwalk is proposed to be elevated four feet above the beach to protect against shading impacts if any such vegetation were present or appeared in the dock location in the future. The memorandum also notes the potential physical and functional loss of wildlife habitat, including loss and impairment of habitat, disruption of migration patterns, and introduction of harmful contaminants from treated wood. ® To further confine the seasonality of the dock beyond the proposed annual removal date of September 21" the revised plan now indicates that the ramp,float, and inclined access ramp al the landward end of the dock will be installed no earlier than May 15 I and removed no later than September 21'' As such, the dock will only be in use during the administrative shellfishing closure period for the area north of the Orient Yacht Club and will not be in use during the period from November to March when Orient Harbor supports wintering waterfowl populations. And to completely eliminate the potential introduction of harmful contaminants associated with treated wood that could potentially impact shellfish or finfish populations, the revised plan indicates the dock is to be constructed entirely of untreated materials, including 1319 North Sea Road I Southampton,New York 11968 J p 631283 6360 I f 631 283 6136 environmental ccnsulting the framing. Additionally, to ensure that the floating dock remains elevated above the benthic environment even during extreme low tide conditions, the design has also been modified to employ chocks beneath the float. With respect to Policy 9.3 of the LWRP, the LWRP Coordinator appears to articulate the position that rather than wharf out from one's own property with a private dock structure, an owner of private waterfront property should instead avail himself of his riparian rights by accessing the waterway from a public access point,stating that"all docks extending out into a public water body adversely affect the public use and access along the foreshore and nearshore areas of such water bodies." • While Policy 9 requires improving existing public access points; providing increased public access to the shoreline; and ensuring that private residential development not preclude public access along the shoreline or result in adverse impacts on public interest in public lands under water, this conclusory statement regarding "all docks" is unsupported by the LWRP and Chapter 275, the latter which explicitly sets forth standards for the permitting and construction I of private docks. Rather, this appears to be a personal position of the LWRP Coordinator, with which the applicant(and historically the Southold Board of Trustees)disagrees. In his discussions of the eight factors to be used in assessing potential adverse impacts on public interest in public lands under water and the Policy 9.4 objective of assuring public access to public trust lands and navigable waters, the LWRP Coordinator continually relies on the conclusory premise that a dock structure not only necessarily impedes or hinders access and use of public waters but presumably does so in a way that precludes the coexistence of any dock with the use of public lands under water. Because the majority of the LWRP Coordinator's determinations are thus so generalized that they could be applied to any dock proposed over public bottom lands without supporting analysis of its site-specific design,I have limited my below responses to those statements regarding Policy 9 on pages 3, 4, 5, and 6 of the memorandum that appear to evaluate or seek further information about the specifically proposed dock design and dock location associated with this particular application. 1) The scope of the dock has been limited so that it is designated by Chapter 111 of the Town Code as a structure not requiring a Coastal Erosion Management Permit. 2) As the dock design has been revised to eliminate all treated lumber, the dock would have no potential ecological impact on the aquaculture operations in Orient Creek to the northwest. 3) Although the dock will not impede, hinder, or reduce public access to Orient Harbor, they proposed seasonal installation and removal dates of'JWay 151/1 and September 21 S1 will ininimize the time period during which the floating dock will occupy public bottom lands. Specifically, the dock will be in use for approximately 4 months per year._ 4) During approximately 8 months of the year, the dock will extend 13 feet seaward of mean lower low water (MLLW). When in use, the dockfacility will a) extend no more than 50 feet seaward of MLLW; b) reach a maximum water depth of 42 inches at MLLW, and c) not extend as far seaward as the adjacent, bulkheaded/revetted road end. Therefore, at no time of the year will the dock obstruct access to the waterway from the adjacent road end; affect a designated navigation channel or otherwise obstruct navigation (recreational or commercial); or cause a 2 E C E � V E 101 APR 1 7 2017 Southold Town Rnarfi of Trno+nnc paddle craft or small boat entering from or passing by the adjacent road-end to venture any farther offshore into deep or dangerous waters. 5) During approximately 8 months of the year when the seasonal access ramp at the landward end of the dock is absent, public access along the shoreline would be maintained below mean high water around the landward end of the permanent fixed catwalk When the dock is in use and the landward access ramp is in place, public access along the shoreline would still be maintained above mean high water between the landward end of the ramp and the seaward toe of the adjacent stone revetment. Therefore, in order to ensure access below mean high water (and thus seaward of the Wagner property) is maintained at all times, the permanent catwalk has-been modified to provide access steps on both sides to allow safe pedestrian access over the dock as well. The below responds to the statements in the memorandum relating to the assertion that the application does not demonstrate that the project conforms to all dock standards set forth in Chapter 275 and is thus inconsistent with Policy 6.3. 1) Chapter 275 requires that the length of a dock include the dimensions of the vessel but only in connection with Section 2 75-11(C)(2)(b)(2), wherein the dock's length, including the dimension of the vessel, shall not exceed a distance greater than one-third the total width of the waterbody. Because the width of Orient Harbor here exceeds a quarter-mile, as indicated on the project plan, the exact vessel dimensions in connection with this dock standard are inconsequential to this application. 2&3) The dock will not unduly interfere with the public use of Orient Harbor for swimming, boating, or other water-dependent activities; and it will not unduly interfere with transit by the public along the public beaches. Although a letter submitted by a nearby property owner asserts that the dock will interfere with public use of the beach and surrounding waters, in part because "residents would have to climb over or under a 4'high dock to get to the other side of the beach," the dock design belies this claim. As noted above, the initial dock design allowed for unobstructed pedestrian access above mean high water around the landward end of the dock; and the revised design now provides for additional access below mean high water over the dock Therefore, the dock would not physically preclude passage along the beach or prohibit swimming,fishing, or kayaking on either side of the dock. 4) The dock would not significantly impair the use or value of waterfront property located adjacent to the dock, which includes the Town road to the east and property to the northwest that is separated from the dock by the mouth of Orient Creek. 5) As modified, the dock will consist entirely of untreated materials and will thus not have the potential to cause the degradation of surface water quality or other natural resources. 6) The proposed dock, which will be constructed entirely of untreated materials; will have seasonal and limited intrusion into Orient Harbor, and will allow plassagc° over, under, and around its landward end, will not cause habitat fragmentation or loss o significant coastal fish and wildlife habitats. D C; E V E 3 APR 1 7 2017 Southold Town Board of Trustees 1 11)As stated in the Consistency Assessment Form submitted with our application, the proposed dock would be located along a historically developed shoreline characterized by 7 other docks located within an approximately 1,000 If southerly radius of the subject property, including the recently constructed dock located approximately 560 feet south of the subject property at 220 Bay Lane (Wetlands Permit No. 8572, March 18, 2015) and the Orient Wharf Company pier farther south, which extends approximately 500 feet into Orient Harbor. The subject property represents the most northerly developed property in the developed shoreline that stretches between the Orient Wharf pier to the south and the mouth of Orient Creek to the north. Placement of a dock at this location would not cause any cumulative impacts that would change the waterway or the environment, though as described extensively above, the dock has been designed for minimal impact with respect to its use of untreated materials, seasonality, and overall physical scope. 12)It appears that this standard applies to a commercial facility and is thus immaterial to the application. Although I trust that the above information provides sufficient response to the LWRP Coordinator's extensive memorandum,please let me know if you require any additional information from me. Resp ctfully yours, Robert E.Herrmann Coastal Management Specialist rAPR - �_V 1 7 2017 Southold Town ar of Tr ee 4 Ery-CONSULTANTS S 3 2 March 21,2017 Mike Domino, Chairman ` Board of Trustees Town of Southold P.O. Box 1179 Southold,NY 11971 Re: Stephen and Charlotte Wanner,20 Harbor Rivet,Road,Orient Dear Mr.Domino: 4 Please accept this letter as a request that the public hearing on the captioned application scheduled for tomorrow evening be postponed until your April 19th meeting. Although our application was submitted on or about January 13,2017,we understand that your office just today received a LWRP memorandum containing six pages of comments regarding our application, and we would like to be afforded a sufficient opportunity to respond to those comments. Respe ully yours, Robert, ,.Hemnann Coastal Management Specialist y-� E n, 'vf �� ' MAR 2 1 2017 i scut oie ,-jwn p Board of Trustees -_- A 1319 North Sea Road Southampton, New York 11968 (p 631283 6360 1 f 631283.61.36environmental consulting -4 OFFICE LOCATION: ®� s®Ury®l MAILING ADDRESS: Town Hall Annex ® P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) c®s �e Southold, NY 11971 ® iQ Telephone: 631 765-1938 Q Fax: 631 765-3136 l�C4UNT`I,�� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date: March 21, 2017 Re: LWRP Coastal Consistency Review for of STEPHEN & CHARLOTTE WAGNER SCTM# 1000-24-1-11 ,En-Consultants on behalf of STEPHEN & CHARLOTTE WAGNER request a Wetland Permit to construct an elevated fixed timber dock consisting of a 4'x49' (196sq.ft.) fixed timber catwalk with a seasonal 4'x12' access ramp at its landward end; a 3'x14' seasonal hinged ramp; a 6'x20' seasonal floating dock secured by two (2) 2-pile 10" diameter dolphins; and two (2) 10" diameter tie-off pilings located approximately 16 feet to north of floating dock Located. 20 Harbor River Road, Orient. SCTM# 1000-24-1-11 Orient harbor is a listed NYS Significant Fish and Wildlife Habitat Area. An assessment describing ecological vulnerability is attached. Note that an active aquaculture operation is located within Orient Creek. Preserving water quality to protect food safety is critical. Access from the property to the waterbody currently exists. In addition, a public roadway Harbor River Rd. is located to the east of the parcel also providing access to public waters. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed,action is INCONSISTENT with the below Policy Standards and therefore is INCONSISTENT with the LWRP. The applicant HAS NOT demonstrated that the action meets the below policies. 6.1 Protect and restore ecological quality throughout the Town of Southold. Although the ecological complexes and individual habitats of Southold continue to support large assemblages of plants and animals, over time, human activity has fragmented, or otherwise impaired many of the significant habitats. The impacts that t. generally result from the construction of dock structures in the Orient Harbor Bay could include: Vegetation (Physical Loss) • Structure placement • Construction practices (jetting) • Chronic shading Wildlife (Physical and Functional loss) • Loss and/or impairment of habitat • Disruption of habits and migration patterns (structure and activity) • Introduction of harmful contaminants (treated woods) 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. The extension of the dock into the public waters should be accurately overlaid on an aerial photo. The policy states: The Town of Southold has numerous access points to its shoreline and waterfront recreation facilities. The main objective of the Town is to improve these facilities, providing increased public access to the shoreline and waterfront recreation facilities for residents and visitors. Southold's shoreline has the potential to offer a continuous right of access along the shore. Given the increase in shoreline development, the opportunity to walk the shoreline of the Peconic Estuary is a valuable public asset. It remains, however, an unrealized asset because the right of continuous access is useless without the ability to get to the shore and, once on the shore, to walk unfettered. As noted earlier, there are stretches of Southold's shoreline where the public's rights in the foreshore have been constrained, and sometimes precluded, by the design and nature of private residential development. This is a major public policy concern. Small private docks in coastal areas occupy public waters and extend across lands where the public has certain rights of access and usage. Therefore, all docks, extending out into a public water body adversely affect the public use and access along the foreshore and nearshore areas of such water bodies. Public access along the foreshore and Town waters has been identified as one of the most important liberties within the Town. Similarly, the legal use of New York's beaches, tidelands, and lands underwater is defined by the Public Trust doctrine which holds that the public has certain rights of access along the shore, typically for fishing, shellfishing, and navigation. Under the public trust doctrine, the foreshore and underwater lands are held in trust by the state or local government for the benefit of the public. These rights of access must generally be balanced against the riparian rights of landowners adjacent to the water's edge. Riparian rights of waterfront property owners mandate that they have access to the adjacent waterbody. This does not, however, necessarily authorize a dock that extends into public waters or across lands where public trust rights exist. The Courts have found that the requirement for riparian access may be met by the establishment of a dinghy or canoe launching area—with no structure (NOAA 2008). An offshore mooring would also gain pubic access to public waters. Throughout the Town a total of 303+ public and quasi-public access points have been established to allow for access to the foreshore and navigable waters. These access points include, boat launch facilities, road ends, managed parks and Town owned properties. 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 proposed 101' foot long dock structure would be susceptible to storm damage and /or ice damage due to the exposure and fetch of the waterbody. The disposal of sanitary waste onboard the vessel has not been identified. 2. values for natural resource management, public recreation, and commerce, The values the Orient Harbor and environs are high. The application does not discuss potential impacts to natural resources, public recreation or commerce (including aquaculture) for the action. 3. size, character, and effect of the transfer in relation to neighboring uses, A discussion on the potential impacts of CCA treated material, bioaccumulation and the proposed vessel on the aquaculture operations to the west has not been provided. 4. potential for interference with navigation, public uses of waterway, and riparian rights, The proposed 101 foot long dock structure would impede public use of public waters along the nearshore. 5. effect of the transfer of interest on the natural resources associated with the lands, The construction of a dock structure in public waters removes and or hinders the public use waters and bottomlands of where the dock structure is located. The natural resources transferred from the construction of a permanent, private dock structure would be included in the area that the dock occupies. The recreational and commercial use of these natural resources would be extinguished in some instances. 6. water-dependent nature of use, The private residential use is not water dependent, however, recreational boating requires water access (e.g. mooring, public boat ramp). A mooring field is located within Orient Harbor. Moorings can be designed to mitigate harmful impacts and are temporary. Docks are permanent structures in the waterbody. 7. adverse economic impact on existing commercial enterprises, The private 101 foot long dock structure would remove the area occupied by the dock structure and vessel from public use. 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 proposed 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. 9.4 Assure public access to public trust lands and navigable waters. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. Private dock structures extending into public trust lands and waters obstruct public use of navigable waters and other public use in the area where the dock is located and does not meet this policy. 3. Obstruction of navigable waters and underwater lands is limited: Boat travel in coastal waters is a public right established through the commerce clause of the U.S. Constitution which gives the Congress regulatory power over navigable waters—an authority that has been delegated to the U.S. Army Corps of Engineers (USACOE). The USACOE identifies typical impacts to navigation due to small docks as: i. Extension into designated federal navigation projects or traditional navigation passages through the waterways. This impact is particularly important in Peconic Estuary which contains shallow areas and narrow navigable channels. Small watercraft navigate all areas of Peconic Bay including along the nearshore. ii. Federal navigation projects occur on waterways where taxpayer dollars have been invested to create or maintain a designated channel, turning basin, or anchorage. iii. There are instances where a proposed dock would not affect a designated navigable channel or a federal navigation project, but could adversely affect passage by paddle craft (e.g., canoes and kayaks) through traditional passageways along the shore. In some situations, a dock may force small paddle craft into the dangerous situation of entering a channel (or open water) utilized by larger, powered boats. For safety's sake, the smaller craft typically remain close to the shore— the same portion of the waterway where docks are generally proposed and constructed. iv. In some instances, the design of the dock (e.g., its height over the water or structures at the water end) may impede safe navigation by obstructing views along the waterway. Structures may obscure oncoming boat traffic or boats leaving docks and navigation aids. v. Private docks constructed too close to existing public or private docks or boat landings may impede safe navigation to, and use of, those existing facilities. Boats need room to maneuver around docks; the amount of room necessary is dependent on the size, configuration, and powering mechanism of the boats (i.e., size of engine; sail versus engine powered, etc.) Docks that are too close together may lead to difficulties in launching or landing vessels. a. to the extent that it interferes with commercial navigation. The right of commercial navigation is superior to all other uses on navigable waters and may not be obstructed. The proposed use is recreational and could hinder commercial navigation (clammers, bayman) of the area. And access form the public road end to the east of the property. b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the use's dependence on access to navigable waters, The use is a private residence. Numerous facilities are available throughout Town to promote access for recreational boating. (ii) the range of tidal water level fluctuation, (iii) the size and nature of the body of water, Due to the size and fetch of the Orient Harbor, small watercraft navigate the waters close to the shoreline for safety. Docks in the bay impede this ability by forcing small watercraft to navigate around the dock structure. (iv) the nature of public use of the adjacent waters, Another consequence from private, residential docks is the potential of obstruction of navigation. Town regulations prohibit the obstruction of marked navigation channels and require a one-third rule for creeks and harbors. For boaters with engines, this prohibition fits their needs since the safe operation of these vessels could require the use of the channels for navigation. However, for self -propelled vessels and small watercraft which use is not limited to navigation channels, docks are an impediment, often forcing these vessels to navigate around the structure or seaward of the dock line. This forced navigation restriction potentially puts the users of these vessels at risk. Similarly, dock structures limit the ability of sailing vessels to use the nearshore area by impeding the ability to navigate the nearshore area. (v) the traditional means of access used by surrounding similar uses, The traditional use of the waters included free and unobstructed access to the nearshore for commercial uses and recreation by the public (vi) whether or not alternative means to gain access are available. 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. c. by extent and characteristics of the developable adjacent upland area and its ability to support in-water development for the water-dependent use. d. by potential adverse effects on natural resources and their uses, and The potential impacts to natural resources has not been discussed in the application. e. by potential adverse effects on public safety. See above comments. Alternatives to permanent, private, docks structures in Orient Harbor include using public access points throughout the Town and include the mooring of boats in safe areas with a permit and docking of vessels in nearby marinas. Further the applicant has not demonstrated that the following dock standards pursuant to § 275-11. Construction and operation standards have been met not meeting policy 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; The proposed dock is 101 feet in length. Chapter 275 requires that the determination of the length of the dock must include the dimensions of the vessel. The dimensions of a vessel are not specified. [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities, The application does not discuss the potential impediments/impacts regarding public access in public waters and adjacent uplands (beach). [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; The application does not discuss the potential impacts regarding public access along the public beach. [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock, The application does not discuss the potential impacts. [5] Whether the dock will cause degradation of surface water quality and natural resources; The application does not discuss the potential impacts. [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; The application does not discuss the potential impacts to the Orient Harbor and Environs. [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and The application does not discuss cumulative impacts to Orient Harbor and Environs. (12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. The application does not assess whether adequate facilities are available to a potential vessel. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action Cc: William Duffy, Town Attorney r a 1 _ COASTAL FISH&WILDLIFE HABITAT ASSESSMENT FORM Name of Area: Orient Harbor Designated: March 15, 1987 Date Revised: May 15,2002 County: Suffolk Town(s): Southold 7%z' Quadrangle(s): Orient,NY-CT; Greenport,NY Assessment Criteria Ecosystem Rarity(ER)--the uniqueness of the plant and animal community'in the area and the physical,structural,and chemical features supporting this community. ER assessment:Moderately shallow open water bay area; common in Peconic Bays area,but rare on Long Island. Eelgrass beds of statewide significance. 64 Species Vulnerability(SV)--the degree of vulnerability throughout its range in New York State of a species residing in the ecosystem or utilizing the ecosystem for its survival. SV assessment: Osprey(SC)nesting. Atlantic ridley turtle(E),green turtle(T), loggerhead turtle(T)occur in the area. Calculation: 36+(25/2)+(25/4)+(16/8)= 56.75 Human Use(HU)—the conduct of significant,demonstrable commercial, recreational, or educational wildlife-related human uses, either consumptive or non-consumptive,in the area or directly dependent upon the area. HU assessment: Commercial bay scallop shellfishery is significant in the northeast region of the United States. 25 Population Level(PL)--the concentration of a species in the area during its normal, recurring period of occurrence, regardless of the length of that period of occurrence. PL assessment: Concentrations of bay scallops significant in the northeast region of the United States;waterfowl concentrations significant between county and regional level. 25 Replaceability(R)--ability to replace the area,either on or off site,with an equivalent replacement for the same fish and wildlife and uses of those same fish and wildlife,for the same users of those fish and wildlife. R assessment: Irreplaceable. 1.2 Habitat Index= [ER+ SV+HU+PL] = 170.75 Significance=HI x R= 204.9 Page 1 of 6 NEW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE HABITAT NARRATIVE ORIENT HARBOR LOCATION AND DESCRIPTION OF HABITAT: Orient Harbor is located near the eastern end of the north fork of Long Island, in the Town of Southold, Suffolk County (7.5' Quadrangles: Orient,NY-CT; and Greenport,NY). This area is approximately 1900 acres in size, consisting primarily of open water area in the harbor, along with an undeveloped tidal wetland area and Dam Pond area on its north shore. Water depths in most of the harbor are generally less than 20 feet below mean low water. The harbor is bordered by much undeveloped land, including Orient Beach State Park to the east and south, and low density residential development on the west. FISH AND WILDLIFE VALUES: Orient Harbor is generally representative of the Peconic Bays ecosystem, in being a broad expanse of moderately shallow water. This habitat type is unlike the very shallow bays on the south shore of Long Island or the relatively narrow bays on the north shore. The tidal wetlands area adjoining Orient Harbor are an important component of this ecosystem, contributing to the biological productivity of the area. The Harbor supports extensive, healthy eelgrass beds, of statewide importance. Orient Harbor is an important habitat for a variety of fish and wildlife species. From November through March, Orient Harbor supports wintering waterfowl concentrations of regional significance. Mid-winter aerial surveys of waterfowl abundance for the ten year period 1975-1984 indicate average concentrations of over 500 birds in the area each year(1,825 in peak year); for the 1986-1996 period the annual average concentration of birds was almost 200 (354 in peak year). Species observed included American black duck, mallard, mute swan, merganser, scaup, goldeneye, bufflehead, oldsquaw, and Canada goose. Orient Harbor is also inhabited by several nesting pairs of osprey(SC) during the breeding season, which utilize man-made nesting platforms located in the salt marsh north of the harbor. The potential exists for additional nesting pairs at this site. Diamondback terrapin have been observed here but the extent to which the area is used by this species is not adequately documented. This area may also provide important breeding habitat for horseshoe crab, but additional documentation is required. Orient Harbor is a productive habitat for marine finfish and shellfish. A 1996 Peconic Estuary Program study found extensive eelgrass beds fringing Orient Harbor, supporting abundant bay scallop populations. This area is one of the top scallop producing areas on Long Island, supporting a commercial shellfishery significant in the northeast region of the United States. Between May 15 and October 31, an administrative closure for shellfishing is in effect for the area immediately north of the Orient Yacht Club. Page 2 of 6 ti The harbor also serves as a nursery and feeding area (from April-November, generally) for many estuarine fish species, and is an important spawning area for weakfish, winter flounder, and scup. Recent research has shown that this general area may be an important summer feeding and nursery area for juvenile Atlantic ridley sea turtle (E). Atlantic ridley, green (T), and loggerhead (T)turtles have all been documented in this habitat. IMPACT ASSESSMENT: Any activity that would substantially degrade water quality in Orient Harbor would affect the biological productivity of this area. All species of fish and wildlife would be adversely affected by water pollution, such as chemical contamination (including food chain effects resulting from bioaccumulation), oil spills, excessive turbidity or sedimentation, stormwater or road runoff, and waste disposal (including boat wastes). It is essential that high water quality be maintained in the area to protect the bay scallop fishery. Unrestricted use of motorized vessels including personal watercraft in the protected, shallow waters of bays, harbors, and tidal creeks can have adverse effects on aquatic vegetation and fish and wildlife populations. Use of motorized vessels should be controlled (e.g., no wake zones, speed zones,zones of exclusion)in and adjacent to shallow waters and vegetated wetlands. Thermal discharges, depending on time of year, may have variable effects on use of the area by marine species and wintering waterfowl. Installation and operation of water intakes could have a significant impact on juvenile(and adult, in some cases) fish concentrations,through impingement or entrainment. Construction of shoreline structures, such as docks,piers, bulkheads, or revetments, in areas not previously disturbed by development(e.g., natural beach or salt marsh), may result in the loss of productive areas which support the fish and wildlife resources of Orient Harbor. Alternative strategies for the protection of shoreline property should be examined, including innovative, vegetation-based approaches. Control of invasive nuisance plant species, through a variety of means, may improve fish and wildlife species use of the area and enhance overall wetland values. Docks may be detrimental to nearshore eelgrass beds because of shading, and review of proposed new docks in Orient Harbor should be conducted with these potential impacts to eelgrass beds in mind. Restoration opportunities for eelgrass may exist in the bay if water quality parameters are appropriate, and should be explored. Page 3 of 6 KNOWLEDGEABLE CONTACTS: Habitat Unit NYS Department of State Division of Coastal Resources 41 State Street Albany,NY 12231 Phone: (51,8) 474-6000 NYSDEC—Region 1 State University of New York, Building 40 Stony Brook, NY 11790-2356 Phone: (631)444-0354 Bureau of Marine Resources NYSDEC 205 N.Belle Meade Road, Suite 1 East Setauket,NY 11733 Phone: (631)444-0430 Finfish and Crustaceans NYSDEC 205 N.Belle Meade Road, Suite 1 East Setauket,NY 11733 Phone: (631)444-0436 Town of Southold Town Hall 53095 Main Road; P.O. Box 1179 Southold,NY 11971 Phone: (631) 765-1801 Office of Ecology Suffolk County Dept. of Health Services Bureau of Environmental Management County Center Riverhead,NY 11901 Phone: (631) 852-2077 NYS Sea Grant Extension Service Cornell University Laboratory 3905 Sound Avenue Riverhead,NY 11901 Phone: (631) 727-3910 Page 4 of 6 Cornell Cooperative Extension Marine Program 3690 Cedar Beach Road Southold,NY 11971 Phone: (631) 852-8660 Paul Stoutenburgh 4015 Skunk Lane Cutchogue,NY 11935 Phone: (631) 734-6605 Page 5 of 6 U 'Hellard Pt LONG BEACH BAY 0 2000 fed F & E.91.,N.,EI P, BAY U— ORIEAr LONG BEACH. 0 1. p- ORBOR or Ej m LQ • U, GA jD INERS s BAY • 0 ORIENT H A B 0,,R coed '0 3 ORIFNT HARBOR 8,5 ft. us G A D" R S t ""��SHELTER ISLAND EASTERN SHALLOWS mwwtinw—\l;vr .WiS—�n, � t---a 54--pj-u- D-- To pi int on 8 5 x I I set punter to Fit to Picot or reduce to 64% Page 6 of 6 Peter Young,Chairman 4 Town Hall,53095 Main Rd. Lauren Standish„Secretary P.O.Box 1179 �► '�' Southold,NY 11971 Telephone(631)765-1889 J* �`� Fax(631)765-1823 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., February 8, 2017 the following recommendation was made: Moved by John Stein, seconded by Greg Williams, it was RESOLVED to SUPPORT the application of STEPHEN & CHARLOTTE WAGNER to construct an elevated, fixed timber dock, consisting of a 4'X 49' fixed timber catwalk with a, seasonal 4'X 12' access ramp at its landward end; a TX 14' hinged ramp; a 6'X 20' floating dock secured by (2) 2-pile dolphins (10" dia.); and two (2) 10" dia. tie-off pilings located approx. 16' to the north of the float. Located: 20 Harbor River Rd., Orient. SCTM#24-1-11 Inspected by: John Stein, Peter Meeker, Keith McCamy Vote of Council: Ayes: All Motion Carried i Cantrell, Elizabeth From: Terry, Mark Sent: Monday, February 13, 2017 10:58 AM To: Cantrell, Elizabeth Subject: Dock in Orient Harbor Elizabeth, I need more time to review this action. Has this been postponed? If not, I am requesting one. En-Consultants on behalf of STEPHEN &CHARLOTTE WAGNER request a Wetland Permit to construct an elevated fixed timber dock consisting of a 4'x49' (196sq.ft.)fixed timber catwalk with a seasonal 4'x12' access ramp at its landward end; a 3'x14'seasonal hinged ramp; a 6'x20' seasonal floating dock secured by two (2) 2-pile 10" diameter dolphins; and two (2) 10" diameter tie-off pilings located approximately 16 feet to north of floating dock. Located: 20 Harbor River Road, Orient. SCTM#1000-24-1-11 Mark Terry,AICP,APA Assistant Director of Planning LWRP Coordinator Town of Southold 54375 State Route 25 P.O. Box 1179 Southold, New York, 11971 (631)765-1938 Mark.Terry@town.southold.nv.us 1 • ti I _ • f Ft?�,r�0 A James F.King,President y Town Hall, 53095 Main Rd. Bob Ghosio,Jr.,Vice-President w t P.O.Box 1179 Dave Bergen �► ?` Southold,NY 11971 John Bredemeyer Telephone(631)765-1892 Michael J.Domino Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application Wetland Permit Application Administrative Permit i/ —Amendment/Transfer/Extension Received Application- 1'131,11 OL Received Fee. 5d D ll� °4;fCompleted Application , . frIncomplete 1uI SEQRA Classification: JAN 1 3 2017 Type I Type II Unlisted V Coordination: (date sent) ,�LWRP Consistency Assessment Form 2'�`1 Southold Town CAC Referral Sent: 1-7-6111 L— Board of Trus ees ." Date of Inspection: 717j.1-7 ­Receipt i7r.1- _Receipt of CAC Report: _Lead Agency Determination: echnical Review: 1 310 I 7 � Public HearingHeld: IT,, Resolution: Name of Applicant Stephen and Charlotte Wagner Address 144 Fair Oaks Park,Needham,MA 02492-3016 Phone Number: 81 449-2163 Suffolk County Tax Map Number: 1000 - 24-1-11 Property Location: 20 Harbor River Road,Orient (provide LILCO Pole #, distance to cross streets, and location) AGENT: En-Consultants (If applicable) Address: 1319 North Sea Road,Southampton,NY 11968 Phone:631-283-6360 Board of Trustees Appli .ion GENERAL DATA Land Area(in square feet): 46,797 Area Zoning: R-40 Previous use of property: Residential,single-family dwellmg Intended use of property: Same,with dock Covenants and Restrictions: Yes X No If"Yes", please provide copy. Will this project require a Building Permit as per Town Code? Yes X No If"Yes",be advised this application will be reviewed by the Building Dept. prior to a Board of Trustee review and Elevation Plans will be required. Does this project require a variance from the Zoning Board of Appeals Yes X No If"Yes",please provide copy of decision. Will this project require any demolition as per Town Code or as determined by Building Dept. Yes X No Does the structure(s)on property have a valid Certificate of Occupancy Yes No Prior permits/approvals for site improvements: Agency Date Southold Trustees#6612&6612C 5/16/07 NYS DEC#1-4738-00586/00003 9/19/07 USA COE#NAN-2007-732 10/29/07 NYS DOS#F-2007-0373 8/29/07 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Construct an elevated,fixed timber dock,consisting of a 4'x 49'(196 sf)fixed timber catwalk with a seasonal Tx 12'access ramp at its landward end;a 3'x 14'hinged ramp;a 6'x 20'float secured by(2)2-pile dolphins(10"diameter);and two(2) 10"diameter tie-off pilings located approximately 16 feet to north of float,all as depicted on the project plan prepared by En-Consultants,dated January 12,2017. _ r 3oarcl of Trustees Applicat_ 'I. WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To provide private,noncommercial boat dockage associated with waterfront property. Area of wetlands on lot: -0- square feet Percent coverage of lot: -0- 01/0 Closest distance between nearest existing structure and upland edge of wetlands: < 10 feet existing stone revetment Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet proposed dock Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: N/A Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): The proposed dock would be located along a historically developed shoreline characterized by 7 other docks located within an approximately 1,000 l.f southerly radius of the subject property,including the recently constructed dock located approximately 560 feet south of the subject property at 220 Bay Lane(Wetlands Permit No.8572,March 18,2015)and the Orient Wharf Company pier farther south,which extends approximately 500 feet into Orient Harbor. The subject property represents the most northerly developed property in the stretch of developed shoreline that extends from the Orient Wharf pier to the south to the mouth of Orient Creek to the north Because it would be located in a Coastal Erosion Hazard Area,the dock has been specifically designed so that the landward access ramp,terminal ramp,and float are to be removed seasonally,leaving the 4'x 49',196 sf catwalk as the only portion of dock to be a permanent year-round structure. As such,the dock is considered an"unregulated activity"not requiring a Coastal Erosion Management Permit pursuant to Section 111-6 and Section 111-8 of the Town Code When seasonally installed,the dock will not interfere with the public right of access along the beach,as an approximately 4'wide space for pedestrian access would remain between the landward end of the access ramp and existing stone revetment And due to the seasonal removal of the landward and seaward ends of the dock,the presence of the neighboring dock facilities;the use of untreated decking and support pilings;and the absence of vegetated wetlands and submerged aquatic vegetation within the vicinity of the proposed dock,the proposed dock would not interfere with navigation;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. 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 1.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: Wagner Dock Project Location(describe,and attach a location map): 20 Harbro River Road,Orient,Town of Southold,Suffolk County; SCTM#1000-24-1-11,property is located on northwest comer of Harbor River Road and Skippers Lane,refer to provided maps. Brief Description of Proposed Action: Construct an elevated,fixed timber dock,consisting of a 4'x 49'(196 sf)fixed timber catwalk with a seasonal 4'x 12' access ramp at its landward end;a 3'x 14'hinged ramp;a 6'x 20'float secured by(2)2-pile dolphins(10"diameter); and two(2) 10" diameter tie-off pilings located approximately 16 feet to north of float,all as depicted on the project plan prepared by En-Consultants,dated January 12,2017. Name of Applicant or Sponsor: Telephone: 781-449-2163 Stephen&Charlotte Wagner E-Mail: swagnerl947@gmail.com Address: 144 Fair Oaks Park City/PO: State: Zip Code: Needham MA 02492-3016 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? 46,797 sf acres b.Total acreage to be physically disturbed? <100 sf acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 46,797 sf acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial ®Residential(suburban) ❑Forest ❑Agriculture ®Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 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,Orient Creek,Reason:Protect public health,water,vegetation,& scenic beauty,Significant coastal fish&wildlife habitat,Agency Suffolk County,Southold Town Date:7-12-88,3-24-88 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 Places9 b.Is the proposed action located in an archeological sensitive area? X 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, The proposed X dock facility will encroach upon approximately 420 sf 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 ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ® Wetland ❑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, X a.Will storm water discharges flow to adjacent properties? ❑NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 14 y 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 MATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Ro � E.Herrmann,Coastal Mgmt. Specialist Date: January 12,2017 Signature: 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? V 3. Will the proposed action impair the character or quality of the existing community? J 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? V 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, V waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 ' l 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. v /A J ®� �� Po Tr Z l �Y�� pName of Lqd Agency Date �/ 1 1 11 V�V Print or Type Name of ResponsiblA Officer in Lead Agency Title of Responsible Officer Signature of Respoigible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I,.%Pf 1F� K, 1A)A4M X— residing at ao (print owner of property) (mailing address) do hereby authorize (Agent) to apply for permit(s)from the Southold Board of Town Trustees on my behalf. AT�� VNO (Ow `s signature) 1 I .Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, UtWorrcl-c G^ 4hg4A6e residing at Zr> //O?X,46X_ (print owner of property) (mailing address) 1121 Vt9L eA , 0911My7.7 do hereby authorize (Agent) ir=W— 4plJ9U i N to apply for permit(s)from the Southold Board of Town Trustees on my behalf. (Owner's signature) Board of Trustees Application County of Suffolk State of New York Stet-�E( K, U) PtC—t OJ E A, BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S),IF GRANTED. IN COMPLETING THIS APPLICATION,I HEREBY AUTHORIZE THE TRUSTEES,THEIR AGENT(S)OR REPRESENTATIVES(S),TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Q- Signature SWORN TO BEFORE ME THIS DAY OF `\ ,20 ` Notary Pu Mc oaf P& Notary Public State of Florida ? Kimberly A Glick Vol` My Commission FF 897415 or Hoe Expires 08/15/2019 Board of Trustees Application County of Suffolk State of New York �G�✓6/Z BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF,AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S),IF GRANTED. IN COMPLETING THIS APPLICATION,I HEREBY AUTHORIZE THE TRUSTEES,THEIR AGENT(S)OR REPRESENTATIVES(S),TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS DAY OF /! & ,20_/� n Notarylic Naltlfy Public State of Florida a Kimberly A Glick My Commission FF 897415 �,� 6Mplfes 0811612019 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: SrkV- HE:)L) 1K. k)4&- )an t (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representativc)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this S day of /Z�L 20�' Signature Print Name Form TS 1 I ' APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emnloyees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: A2 .L Z� �C & (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO ,� If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representativc)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this_ L_day of 24W/ Signature R b Print Name eV 00'&coW-4-- Form TS 1 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: HernTe m Robert F (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee �— Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated_ Name of person employed by the Town of Southold Title or position of that person_ Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 'day of AWAM 209. Signature _ Print Name est E. Herimat>n Form TS 1 i 1 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Stephen&Charlotte Wagner SCTM#1000-24-1-11 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct an elevated,fixed timber dock,consisting of a 4'x 49'(196 sf)fixed timber catwalk with a seasonal 4'x 12'access ramp at its landward end;a 3'x 14'hinged ramp;a 6'x 20'float secured by(2) 2-pile dolphins(10"diameter);and two(2) 10"diameter tie-off pilings located approximately 16 feet to north of float,all as depicted on the project plan prepared by En-Consultants,dated January 12,2017. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 20 Harbor River Road,Orient 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: February 15,2017 @ 5:30 p.m. You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. Stephen&Charlotte Wagner PROPERTY OWNERS NAME: 144 Fair Oaks Park MAILING ADDRESS: Needham,MA 02492-3016 PHONE#: 781-449-2163 AGENT: En-Consultants MAILING ADDRESS: 1319 North Sea Road, Southampton,NY 11968 PHONE #: 631-283-6360 Enc: Copy of sketch or plan showing proposal for your convenience. „'ROOF OF MAILING OF NOTICI ATTACH CERTIFIED MAIL RECEIPTS Name: Address: Clive&Elizabeth Rowe P.O.Box 310 Orient,NY 11957 South Dyer LLC P.O.Box 86 Orient,NY 11957 Oysterponds Historical Society 1555 Village Lane Orient,NY 11957 Barbara Vannostrand&Jean Hughes 1840 Gordon Manor NE Atlanta,GA 30307 Laurel Watts 445 7th Street Brooklyn,NY 11215 STATE OF NEW YORK COUNTY OF SUFFOLK Robert E.Herrmann doing business at En-Consultants 1319 North Sea Road Southampton,NY 11968 , being duly svx m, deposes and says that on the 1st day of F bjuary ,20 17 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Southampton , that said Notices were Mailed to each of said persons by (certified)(rsgis ) mail. iAl- Sworn to before me this 1st KIM H , STEPHEN S NOTARY PUBLIC 2017 day of February STATE OF NEW YORK COMMISSION NO . 50159 OUALIFIED IN SUFFOLK CO '! IY Notary P c EXPIRES AUGUST 2 , ?(917 ti CERTIFIEDU.S. Postal Service TM U.S.,Pos�tal:!§6-rVice. k p.RECEIPT . , k p ■ ■ T. i ru Domestic Mail I i i m I. 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Er COAL US 17E 11 r-q FFr COAL (uj E p" Certlfied Mad Fee I Ln Er Certified Mail Fee Ln i$ U Ln $ N Ln Extra Services&Fees(check box,add fee as appropd e)� ° Extra Services&Fees(check box,add lee as appropdate) Q ❑ Return Receipt(hardcopy) $ �� f ❑Retum Receipt(hardcopy) $ El Return Receipt(electronic) $ I � Pos r El Certified Receipt(electionlc) Me $ r\rf i Certified Mal Restricted Delivery $ ❑Certified Mall Restricted Delivery $ He f G1 are a 0 [I Adult Signature Required $❑Adult Signature Required $ "+' C-3 —�z / E]Adult Signature Restricted Delivery$ L� j []Adult Signature Restricted Delivery$ S ! Q Postage r `V O Postage ��\ 4L $ ErTotal I - -- -- GS 11oJ,e l 'r Total Postac O ste onds Historical o $ y y .n Sent To Barbara Vannostrand&Jean Hughes Sent 1555 Village Lane 1840 Gordon Manor NE C3 Sveei Orient,NY 11957 srreerandq Atlanta, GA 30307 cry 3 -------- cry scale; � I ul - Ir Er Certified Mail Fee Ln Extra Services&Fees(check box,add fee as appropriate) \()14 NJ, El Return Receipt(hardcopy) $ 0 El Return Receipt(electronic) $ P-4rk r ❑Certified Mail Restricted Delivery $ 'Hare CL { C ❑Adult Signature Required $ / ❑Adult Signature Restricted Delivery$ L� O Postage QTotal F �� $ Laurel Watts r-91 Sent 7, 445 7th Street C3 � Sliest -- _ 'Brooklyn,NY 11215 '-""-"----" cry,s '---------- :11 1 Ir r11• Michael J.Domino,Pre t �SUEFOj�-C Town Hall Annex John M.Bredemeyer III,Vice-President rr0� �O��r 54375 Route 25 Charles J. Sanders � P.O.Box 1179 Glenn Goldsmith O Southold,NY 11971 A.Nicholas Krupski . y per Telephone(631)765-1892 Fax(631)765-6641 `�-Zt2zzcrx=`" BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of STEPHEN & CHARLOTTE WAGNER COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR AT LEAST SEVEN DAYS PRIOR TO THE PUBLIC HEARING DATE I, Robert E. Herrmann , residing at/dba En-Consultants 1319 North Sea Road, Southampton, NY 11968 being duly sworn, depose and say: That on the2nd day of February , 2017 , I personally posted the property known as 20 Harbor River Road, Orient, SCTM #1000-24-1-11 by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wednesday,February 15, 2017. Dated: (signature R ert E. Herrmann Coastal Mgmt. Specialist Sworn to before me this 15th day of Feb 20 17 �r CNota Y -tW � � WARY PUBLIC UATE OF NEW YORK HOMMON NO . 5015931 &flk� 4N tOFF91t COUNTY Ak% 00$� 121x11 • • COMPLETE THIS SECTIONON DELIVERY' ■ Complete items 1,2,and 3. A. Sign atur ■ Print your name and address on the reverse X / E3 Agent so that we can return the card to you. [3 Addressee by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, B. Received or on the front if space permits. _ 1. Article Addressed to: D. Is delivery address.d'l orb; t'from tem 17 ❑Yes If YEA;en erdelivery as a(gss below: ❑No ca- Oysterponds Historical Society 1555 Village Lane ? �° Orient,NY 11957 i �I I'lll'I II I I'I I'll�II���I I(�"II ll III�II I'll 3. uNICe Type ❑Priority Mail Express® ❑Adult Signature ❑Registered MaiITM M❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9403 0349 5163 6006 02 ❑Certified Mail Restricted Delivery 11 Return Receipt for ❑Collect on Delivery Merchandise _-rr _s.s. �� .r a r�s,on -_— ❑Collect on Delivery Restricted Delivery 11 Signature ConfmnationTm 2 --- ❑Signature Confirmation 7 016 0 910 0001 5591 9545 Restricted Delivery Restricted Delivery PS Form 381 1,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt SENDER' • • •MPLE-TE THIS SECf1ON,ONDELI Rf' ■ Complete items 1,2,and 3. A. Signat4re ■ Print your name and address on the reverse X ,��-� ��� r hr1�%/��/Agent so that we can return the card to you. uo��il ❑Addressee ■ Attach this card to the back of the mailpiece,_. B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. t N1 7�,, 1. Article Addressed to: u/ \ ?D. Is delivery address different from item 17 ❑Yes 0 If YES,enter delivery address below: [3 No Laurel Watts i5 k 5 O 445 7"' Street Brooklyn,NY 11215 �l]Sflys pl I'I'1'I�'II I'I I I I I�I III 11 I III I I I I I'��I�II 3. Service TYPE ❑Priority Mail Express® 1111 I ❑Adult Signature ❑Registered MaiITM ❑ASJuIt Signature Restricted Delivery ElRegistered Mail Restricted 9590 9403 0349 5163 6005 72 ertified Mad® Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. AWAn KI-1—lrr—for frnm cprvirp lahpll _ ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm 7 016 0910 0001 5591 9 514 ❑Restricted Delivery Signature anon ;tricted Delivery rY PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt • SECTION • • e e ■ Complete items 1,2,and 3. A. Signa e ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by Printe ame) C. Date of Delivery or on the front if space permits. ^+•^'e erl irpcaprl t❑r D. Is delivery address different from item 17 Yes If YES,enter delivery address below: ❑No arbara Vannostrand &Jean Hughes 1840 Gordon Manor NE ,Atlanta, GA 30307 3. Service Type ❑PriorityMad ® Express ❑Adult Signature ❑Registered MaiITM ❑Adult Signature Restricted Delivery ❑Registered Mad Restricted M9590 9403 0349 5163 6005 96 eNed Mad® Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise i 2. Ar irJA Ni imhpr/Transfer from service la6ell ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM' ❑Signature Confirmation 7 016 0 910 0001 5591 9552 estricted DeliveryRestricted Delivery j PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt NUTILL Uim HtA :KING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Southold Town Board of Trustees at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: STEPHEN & CHARLOTTE WAGNER SUBJECT OF PUBLIC HEARING : For a Wetland Permit to construct an elevated fixed timber dock consisting of a 4'x49' (196sq.ft.) fixed timber catwalk with a seasonal 4'x12' access ramp at its landward end; a 3'x14' seasonal hinged ramp; a 6'x20' seasonal floating dock secured by two (2) 2-pile 10" diameter dolphins; and two (2) 10" diameter tie-off pilings located approximately 16 feet to north of floating dock. Located: 20 Harbor River Road, Orient. SCTM# 1000-24-1 -11 TIME & DATE OF PUBLIC HEARING : Wednesday, February 15, 2017 — at or about 5 :30P. M . If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of B a.m. and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1, All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except 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 - 1 - 11 PROJECT NAME Stephen and Charlotte Wagner 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 an elevated,fixed timber dock,consisting of a 4'x 49'(196 sf)fixed timber catwalk with a seasonal 4'x 12'access ramp at its landward end;a Y x 14'hinged ramp;a 6'x 20'float secured by(2)2-pile dolphins(10"diameter);and two(2) 10"diameter tie-off pilings located approximately 16 feet to north of float,all as depicted on the project plan prepared by En-Consultants,dated January 12, 2017. V - Location of action:20 Harbor River Road,Orient Site acreage: 46,797 sf 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: Stephen&Charlotte Wagner (b) Mailing address: 144 Fair Oaks Park Needham,MA 02492-3016 (c) Telephone number: Area Code 781-449-2163 (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. ❑Yes1:1 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 0 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 The project will be consistent with Policy 3,as the proposed dock would be located along a historically developed shoreline characterized by 7 other docks located within an approximately 1,000 l.f southerly radius of the subject property,including the recently constructed dock located approximately 560 feet south of the subject property at 220 Bay Lane(Wetlands Permit No. 8572,March 18, 2015)and the Orient Wharf Company pier farther south,which extends approximately 500 feet into Orient Harbor. The subject property represents the most northerly developed property in the stretch of developed shoreline that extends from the Orient Wharf pier to the south to the mouth of Orient Creek to the north. The dock will therefore 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 ❑ No ❑ Not Applicable Because it would be located in a Coastal Erosion Hazard Area,the dock has been specifically designed so that the landward access ramp,terminal ramp,and float are to be removed seasonally,leaving the 4'x 49', 196 sf catwalk as the only portion of dock to be a permanent year-round structure. As such,the dock is considered an"unregulated activity"not requiring a Coastal Erosion Management Permit pursuant to Section 111-6 and Section 111-8 of the Town Code. The project is therefore 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 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,and also with untreated support pilings. The most landward 48 sf access ramp and the terminsl ramp and float will also be removed seasonally. 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 Due to the seasonal removal of the landward and seaward ends of the dock;the presence of the neighboring dock facilities;the use of untreated decking and support pilings;and the absence of vegetated wetlands and submerged aquatic vegetation within the vicinity of the proposed dock,the proposed 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. For the foregoing reasons and because the project will be consistent with the permit standards of Chapter 275 of the Town Code and Article 25 of the New York State Tidal Wetlands Land Use Regulations,the project will be consistent with Policy 6. 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. VN Yes ❑ No❑ Not Applicable Due to the seasonal removal of the landward and seaward ends of the dock and the presence of the neighboring dock facilities,the proposed dock would not interfere with public navigation in Orient Harbor. And when seasonally installed,the dock would not interfere with the public's right to pass and repass along the beach,as an approximately 4'wide space for pedestrian access would remain between the landward end of the access ramp and existing stone revetment. Therefore,the project is 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. ElYes 1:1No ® 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 ITLE Coastal Mgmt. specialist DATEJanuary 12,2017 Rob am Amended on 811105 � t R Y - EN-CONSULTANTS January 12,2017 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 JAN 1 3 2017 t Southold,New York 11971 Southald io:"!B P Re: Stephen&Charlotte Wagner 20 Harbor River Road, Orient SCTM#1000-24-1-11 Dear Board of Trustees: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: 1. Four(4)Wetland Permit Applications including: a) Short Environmental Assessment Form; b) Authorization Forms; c) Applicant/Agent/Representative Transactional Disclosure Forms. 2. Project plan prepared by En-Consultants,dated January 11,2017. 3. Survey prepared by Nathan Taft Corwin III,Land Surveyor, last dated June 30,2016. 4. One(1)set of site photographs. 5. Application fee of$250.00. 6. Three(3)LWRP Consistency Assessment Forms including: a) Site Plan(as referenced above). I trust this information shall allow you to process our permit request. Should any additional information be required,please do not hesitate to contact our office. • Since ly, Robert .Herrmann Coastal Management Specialist /khs Enc. 1319 North Sea Road I Southampton,New York 11968 p 631283.6360 f 631.283.6136 www.enconsuitants.com environmental consulting