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1000-81.-3-19.7
OFFICE LOCATION: �QF SU(/jMAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 app Telephone: 631 765-1938 ' UNT`I,��° LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: John Bredemeyer,.President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: April 15, 2016 Re: Local Waterfront Revitalization Program Coastal Consistency Review for NH SAG, LLC,c/o MICHAEL SCTM#1000-81-3-19.7 Costello Marine Contracting Corp. on behalf of NH SAG, LLC, c/o MICHAEL SCIARRINO requests a Wetland Permit to construct a 4'x40' ramp to a 4'x100'fixed dock with a 4'x40'fixed "L"section at offshore end; construct a 4'x5' platform with a 4'x16' ramp onto a 4'x30' lower platform; install water and electric; and install three 2-pile mooring dolphins. Located: 2100 Paradise Point Road,Southold. SCTM#1000-81-3-19.7 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with below LWRP policy standards: 6.1, 9.1, 9.3, 9.4 (E), and therefore is INCONSISTENT with the Local Waterfront Revitalization Plan. 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 generally result from the construction of dock structures in the Peconic Bay 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 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 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 underwater. Use the following factors in assessing potential adverse impact: 1. environmental impact, The proposed 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, 3. size, character, and effect of the transfer in relation to neighboring uses, The proposed dock appears to be similar in size to an existing dock structure located to the south. The docks were constructed prior to the adoption of the LWRP. 4. potential for interference with navigation, public uses of waterway, and riparian rights, The proposed dock structure would impede navigation of vessels (public use of public waters) along the nearshore. Vessels would be forced to operate around the dock structure or seaward of the dock structure. 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. 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). 7. adverse economic impact on existing commercial enterprises, The private dock structure would remove the area occupied by the dock structure and vessel from public use including commercial uses that occur in Peconic Bay. S. 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: a. 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 in all areas of Peconic Bay including along the nearshore. b. Federal navigation projects occur on waterways where taxpayer dollars have been invested to create or maintain a designated channel, turning basin, or anchorage. c.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. d. 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. e. 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 dependant 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 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 Peconic Bay, 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 encumbrance, 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 e. by potential adverse effects on public safety. See above comments. Alternatives to permanent, private, docks structures in Peconic Bay include mooring of boats in safe areas and docking of vessels in nearby marinas. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed actions. Town of Southolld D �T j ,a LWRP CONSISTENCY ASSESSMENT FORM ��AR A. INSTRUCTIONS Southold Town Planning Board 1. All applicants for permits* including Town of Southold agencies, shall comp ete 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 si *ficant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be 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 AC'T'ION sCTM# $i - 3 - 19.7 �w PROJECT NAME NII SAG,LLC-PROPOSED DOCK The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees ❑✓ 1. Category of Town of Southold agency action(check appropriate'response): (a) Action undertaken directly by Town agency(e.g.capital ❑ construction,planning activity,agency regulation,land transaction) ❑ (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: Construct a 41x401 ramp to a 4'x100'fixed dock with a 4'x40' 'T"section at offshore end. Construct a 4'x5'platform with a 4'x1 G'ramp onto a 4'x30'lower platform. Provide water and electric. Install three 2-pile mooring dolphins. Location of action:2100 PARADISE POINT ROAD,SOUTHOLD Site acreage: 5.9 ACRES Present land use: RESIDENTIAL 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:NH SAG,LLC clo MICHAEL SCIARRINO (b) Mailing address: 200 EAST CANTON AVENUE, #100 WINTER ''ARK,FL 32789 (c) Telephone number: Area Code( )407.775.072.5 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency?ren Yes LY_) No❑ If yes,which state or federal agency?DEC,DOS. USA CE 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,snakes beneficial use of a coastal location,and minimizes adverse effects of development. See LNVRP Section III-Policies; Page 2 for evaluation criteria. ®Yes ❑ No ❑ Not Applicable This is a residential waterfrontproperty that will benefit by the proposed dock structure. The property owner and family will be able to increase their ability to engage in water-dependent activities such as boating, water-skiing,fishing while safely securing their boat at this location. The proposal is consistent and reasonable for this area. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section 11II-Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Our proposal will have no influence on the historic and archaeological resources of the Town of Southold. 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 0 Yes ❑ No ❑ Not Applicable Theproposed dock structure is designed to be consistent with the adjacent dock structure. The structure will not degrade visual quality. There is limited vegetation in the area of the proposed dock There will be no significant disturbance to the natural appearance of the area. There will not be light sources on the dock that would interrupt tare visual quality of the area. AMM dUUI[10UUI MUMS 11 i1GGGJSULY NATUP AL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LVVIIP Section III—Policies Pages 8 through 16 for evaluation criteria F] Yes El No ® Not Applicable The proposed dock structure is not considered a shoreline hardening structure and will not influence erosion or flooding of natural resources. 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 Antolicable The proposed dock structure will not produce point source or non point source pollution. There will be no potential sources of groundwater contamination or potable water in the Town. The construction of a dock structure will not influence any sediment contamination or introduce point source discharges that would adversely affect water quality. 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 LMW Section III—Policies; pages 22 through 32 for evaluation criteria. F—lyesZNoF]Not Applicable During the construction of the proposed dock, the underwater lands will be disturbed especially during the installation of the supportpiling. Once thepiling are install the area will immediately recover. The dock will not produce any long-term negative affects on the coastal environment:All Best Management Practices will be adhered to so that construction debris will not enter the water. Construction will not be staged and materials will not be stored in environmentally sensitive areas. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRIP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No© Not Applicable, Our proposal will not have any influence of the air quality in the Town of Southold. 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 Our proposal will not have any influence on the environmental degradation in the Town of Southoldfrom solid waste or hazardous substances and wastes. 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 LWMP Section III—Policies; Pages 38 through 46 for evaluation criteria. n © YesO No❑ Not Applicable The landward end of the proposed dock structure will start approximately 25 feet from the existing bulkhead, The public will be able to continue to walk along the beach without any obstruction. 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 The proposed dock structure will enhance the upland property owners ability to engage in water-dependent activities such as water-skiing, boating, and fishing. The structure will provide a sajFe berth for the homeowner to keep his boat and provide direct access to these water-dependent activities. 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 The proposed structure will not contribute to loss of vegetativ eta -since-there is limited v etation at this location. The dock was design so that there is signific nt water depth at all tidal ranges to revent any unnecessary disturbances to the benthic community. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Ourproposal will not have any influence on agricultural lands in the Town of,SouthoU 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 Our proposal will not influence the rise and development of energy and mineral resources. PREPARED BY,lane p. Costello TITLEAgent DATE Costello Marine Contracting Corp. Cl.ientvf NH Sag, LLC Job Site Address: 2100 Paradise Point Road, Southold Date: Sept 21, 2015 f Ata.�isar� -171 Do.:.e Ss'JnrlU]'VR6 A"*T v 1' J i r 7 r�� Roadside Image ,. �Y r a.� w Prepared by: Costello Marine Contracting Corp. 423 5th Street, PO Box 2124, Greenport, NY 11944 (631) 477-1199 Phone (631)477-0005 Fax 1 ClientytNH Sag, LLC Job Site Address: 2100 Paradise Point Road, Southold Date: Aug 3, 2015 Neighbor's Dock Proposed dock location VA iR�# PROMf^ 08 . 03 . 2015 i p wP Ar I Amer �dk •wrwk�t� �t k ' d P mW KOO r Prepared by: Costello Marine Contracting Corp. 423 5th Street, PO Box 2124, Greenport,NY 11944 (631)477-1199 Phone (631)477.0005 Fax a� x �� s.��' S� b� •i aiy, s p swrMAI. ••a. 4 L �f FEB - 9 2016 -Tow ___ . Scut d n B f Tr e --.Zt'�onos�a: �o„ysr��aoors� 4'�t.4o'�d�li'� v�ovvro sJ 4 x ioo .QT A�Jc S'rr.7O,/ZC�.�ad. CO�ST.�t1GT d 4'�t$' - ,,�LdT1=fl�vJ J�.�r�"Nl.� 4'�t lam' ��,a �dav✓J OW4--AZ vl'L.Ar*'=OPQM. 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'IJC Z/j4 l4+�El�V1�OJlT IV•Y+��l Sc,TAil-laeo St,/ of Gs I Hydrographic Map Suryeyed: July 18, 2015 ; N SCT# 1000-81-3-19.7 Town: Southold ' W E Suffolk County, NY t/mf Datum: NILLW bettyr s 5a I '-�F r FEB - 9 2016 # M. i / N co Board of Trustees / 1 ^ 00 / a V O M N 0` I C-) '09 06 co I CV co 4 / c ! / M' M CIV / d N O / .� d / / Mcv i / N co CO W NC �' � ;' M N M, M / Jett �, o, cy - -01)J / M 'V, / M•• ^� co / N h / M' `Q Q l nj 0) l NY t� rF 'Vit / M 1 N N I M M co `� C V l l� Ni / N W , / C mon. co Q m / / N N -'4' / C v, / h s / M M rh / Mh / &, co NY 00 ROBERT H. FOX ..,,{ NYS PLS#50197 P O Box#366 ;'° Aquebogue, IVY 11931 �W _.».:..tea... Mawr/ BPI,( „�T w SOUTHOLD y �I SEE SEC NO 133 24 3 / 2843 245 d 221 F D 2811 16& n• 19 161 � 16T A1IASIN^" d 23A1c1 { N 1 f � 9.1� 6 1aµ, yn R. 158 1. 163 2 yy M 2 1 BA z3A 23A(e) E 6 25 y g 139A nn $ <wr 1n �.fi:w. 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