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HomeMy WebLinkAbout1000-24.-1-11 OFFICE LOCATION: O��QF SU�TyOI MAILING ADDRESS: Town Hall Annex O P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) N S � ® �O Telephone: 631 765-1938 Southold, NY 11971 Fax: 631 765-3136 o�yCOU 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 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: L 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. j21 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 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%' 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 I 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 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: (518) 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 I 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 BM1on SSS ro I z ' 1 y4„• „ » o LONG BEACH BAY 1000 E1917 M16 03 1 t`„ aac LONG PEACH B.SY/ ORIENT HARBOR .n; `' •. �.�� + Gro m N CA leDINERS ° y BAY 0 R 1 E N T H A R B O,.R s ��? / w$ 0 L D o .. ORIENT HARBOR i / + + KIM A G A R D 1 N E R ' o r- _ r o.wn I""'SHELTER ISLAND EASTERN SHALLOWS - �• To print on 8.5 r I I set printer to Fit to Print or reduce to 64% Page 6 or 6 Town of Southold p CSCE LWRP CONSISTENCY ASSESSMENT FORM LFFB0 .6 2017 A. INSTRUCTIONS ou not Tow 1. All applicants for permits* including Town of Southold agencies, shill comAA WkCAF or proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. is 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. f 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 posed 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) El (c) Permit, approval, license, certification: �� Nature an / d extent of action. Construct an elevated,fixed timber dock,consisting of a 4'x 49'(196 so fixed timber catwalk with a seasonal 4'x 12'access ramp at its landward end;a Y x 14'hmged 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. Location of action:20 Harbor River Road,Onent 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. ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ®Yes ❑ 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. ® 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. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PREPARED BY ITLE Coastal Mgmt. specialist DATEJanuary 12,2017 Ro ann Amended on 811105 5ffdk CzmN lixptrorn Map 50 rwypr I" - 2000' V E Corn JOF AN 1 3 2017 cf Ps J outhe Town cam East Marionus Orism Pi YC m via and omNr FAWM tea_ Onvil Harbor ci* do 04 1" 60' NoL-5: EX. STONE R MENT I. Purpose:To provide private,wncarrnercial,seasor� boat clocka for owners'wateruaft 2. Datura:ALLW- 0' -0" 1 5. Water depths(reFerahced to&I,W) trajaabed frO-114,*oqraphv survey prepared 64 N"fait Caws III Lard 5rvctpr,last dated Jw 50,266 4' x 49' FIXED 12' RAMP TO BE 4. Pock to congi9l;of tz&&iW&-Aw4 Lr&e;w 9_jppa't REMOWD SEASONALLY ,ZIMBER CATWALK pdc5;pre5wre-treated tbrbff frarmcp a-d!hot-dipped covalizecl steel hardware 3' x 20' SEASONAL RAMP\\ 5. l9ock to 6e equipped with water aid AWb1c i IN 2—PILE DOLPHIN (10-) 6. Landward 4' x 12'access ramp aid terminal hh*d ramp aid float,to 6e removed 5eazaal14(no later,than Sept,21) (2)10- TIE—OFF PILES 7. Tyree-pde bents to be used to apmt fbed,'catwalk PROPOSED 8. Plan aid cro-,5view JwWam are 56etnabc In natzire aid are DOCK Intended a114 to e5taHI141 project lxatbn,scope,and basic ca5bixfAcn cIctad5 for p"UN pww5c"ad are Wt. intended to 5ffw as or-Ab5tfb:te for axprerN or ca6biction Oaig for cawhctlon WW5e5 0 >j�tD I 2—PILE DOLPHIN (10") 9. Project lxat�:20 Ra+m River Road,04nt; 5CfM No.1000-24-1-11 0 6' x 20' SEASONAL FLOAT PPOP05W POCK FOr 5TVH%,ANt2 CONSULTANTS CHMLOM WA6W ON OMNI 1319 NORTH SEA RD, HAS OrMf, %FFOM Co., NY SOUTHAMPTON, NY 11968.15ftf I OF 2 1-12-17 631.283-6360 f ' N e e s s � e y s O wa s y a STq}F s O ST. , r : �P�W s WO 4 6 y4) 47A(U CO at . ttmaxc..uaFn a s O S 14 \O +s t e 90 is ,\off SFE SEG NO.W \\ n \O u.60 d 22 q� I 10.3\ 1 i i a �+m m T F 1 NOTICE COUNTY OF SUFFOLK © x rwwv souTNotn SECTION NO I2+I �� — -- ~y --•-- "'"'""�r•�'�"N04O4 Real Property Tax Service Agency v � Y4y - _ — v..y – -- –'•-- w.a.oxn.'wwrxnrm c«wYc.w.xNa.a.xY,+q w 24 }.� D r n,•xl.,iu W —__— orir. --.-- e.u.--�-- wrwvrwmrc•x�trtvp•crM A P mrxCfb t000 PROPERTY MA' COniAYO•,wrt r+,4 m+ -��.�'h��=�ti:��Ly.....�..':li-A::"�r���R•�...^.'C�:��_'�:�,-°'.`Y" _4-'": .' �d -�..--____ _ _ __ ^5'r.sy�- '^^!'1!^.`r ..t •- °j-_ _ __ _ ��..is-.-...-.___._Y..;i.e..•. 5�C1'ION 11-I�U ��0�05�b BOCK " - 20' 51�A50NAL PAMP F19P 11W6 P, CATWALK 291 ' 6 x 6" CApS 20' 5�A50NAL PAMP-1 o UNTP�AI�P PACKING 61 ' x 6" 5Tp'INGZI?5 + 3011 X20' 51�A50NAL FLOK �X, 51'ONl� 4' MIN, �XMLLW=0'-O' -21 6.. n '. x� �, 1'J' �X. GP�� JAN 1 3 2017 ( 2) 10" 1T-OFF SoutnFIaT, , - PILINGS 8 - 9" x VAP, LMATH FILING5 �%f5) MOP05W POCK FOI; 5SPH% ANP E N - CONSULTANTS CIMOM WA6W ON OPIM 1319 NORTH SEA RD. ( 2) 2- PU 120LpHIN5 ( 10") HAMOV, 00M, SUFFOLK CO,, NY SOUTHAMPTON, W 11968 Sftf 2 0f 2 1-12-1-7, 631-283-6360 , . ,.. _ _ _ _, ��� -I.,I1.,�.�,.­%�,..�� ,.: I, I,�1 ­ .I-I�I I,..1 1-,.n...�",,� .1:11......�,1.�I*..._I...I.��­I I�.I,­�.%,I.­:I:I I I�...�..—�,....1 I�.,,,I...I.I,.�I�­­..I."­I%.I*..�.1�...�.....I,..I�.".,.-I��.�.,,:.,��..l..:...."�1_..�...�_I..I.�.,.l.-."..I.—:..�1.I�,� —11,,.I111I 11mI,I...m-1E!1,f ----- .... . . . , 0 15 30_.. . . 45 RS . , . METE . HEIDECKER LAND IUSURVEYING . , I I FEET. . . 30 60' 90, 120`:..': . .. E 3Q,,. GRAPHIC' SCAL = , • „ .. �, . - � : ' .. % ,. . .. . Z . % , ., . HILL ROAD : . , . . ,, . . , . . , . , e , , DINT F EGINN NG 57°50 45" 109.98' , . — — — . , . AREA= . .. r . . . . . / _ . . . . . _.......... . . ..... _. .. _ . ....._. .... . _. _ __..... . MONUMENT• >; 27,634 SQ. FT. SECTION 7O=BLOCK 4—TAX LOT 31 �e FOUND s OR N F RICH MONUMENT D FOUND . .I.... � ' . �, ` ARD J.` ` JOHN, R., & PATRICIA k SAHM :a, 0.634 ACRES I – . Z , .\ .� . 1 BER- 12025 PAGE 468 :. . �z 11 . I ... . I . .. . do : . .WALK. . . � oz . . . . I;I - : .. . . . ,P 0 \ CON I �. . . � I . � ..�� . . . .. .. I . I I .. :. . I . %, . I .. . . . . I �.. . . . . .. I � : . .. . . : 1. � . . O . � .. � . . .. . . .. . . ... . . .. I . . �. ,..* .. � . . I. : . . ­ I., .i . .. � �,*� � . I. I � . . � . . . I . . . . . . . ... . . j. . '... . . O . I I I 1 . ! (f) I . . . � . , . ,. .. I . .I ... : t . . .. . .I . . . : �: .: . .. . � � :,.: �: . � .�'. :. : , , : *** , . .1 . . , . I .. � ... � : . . I. .. ..I . . .. ... . . ; - .. . . . . 'i ,, . -- .:.:,�, - ...,­.', ., .,. I . ...... , ; . �� . .. . . . .�. -. . *:. : , - . . ... .. . I .. � . I: , - '� '.., I � ,, , -- � � % . .,. I .�. . ... " � , 1, ,�,t­­.,,.:.,.. � ­*,-, ­�,-",,* � 'I"li �,I.11:11 . �. . , .,,�.�Z: I -,.,,�,.��,,,� Cn . . .. � .I I% ,,, .... �.,". ... ­'­ . i . ., .� ­ � . ,­ ,�"-�'�' , ,, . �. , - , .��`�, , i * � ,.,..'.I�.I. . . .. I � .. ,, .. . . . . �,�.;". I , ,, . ,, , �, � I-1, ,-,�._-, ,,,, -� � , : ,. . . '. .... % I �,-7%��.`." , � ., , , * ... � , ,, �; ..�, __ ,-,�l':-'.,_ ,. ,.!.. - . . t . . .. . ': , - - ': N , . N I ;:, �... IJ -, ".", ", I . � , . . . -n OPE , :, �. r� H C . I.I. ... .. ,. � � R -.'..,.... . : . , P .. " � �� 0 • , .,.; M ...".". � , , Z p E ,.. .1. . .1. I I", , , :� . ..", .:."."��,',,',. , . :: �_�:��� -,n R A G rr1 G A .. _ z ` >;' .. � 1*,.:."� ,I Im+ 1 5 c� L11. 3 3 . E.. . Y", C R R \ ( ' ' / ESIDEN P v TOY 1 � O' S _ 5. C� , 1 OOR_1 1 ,z ; - F R F , . .. .-1 I . . :: . ti,..,.. j � ST L O . .. .t : \ p�00R / of . . . . . o ti•.: _._.., ......'.,......,.......:_..-:_ _ 1-1... . ......... 1 . . \ :.�... I ... O . �, 9 . , . O . n �•: DECK n . � o \ /, j Q -P . .. . r� �ti X q .. / r' x. O' Z . } \�:';' . / , , 10 . 1. . . -A . , . . w . . / .. , LA '. \� . / � . . . � _9' ' . . . . . . . . ./ NOTES ^ . .. . .. . . , 8 1. FIELD WORK WAS CONDUCTED DECEMBER " ' . 1 ,: J 15, 2016 BY HEIDECKER LAND SURVEYING,,. : ' . PUC AND ALL MEASUREMENTS WERE TAKEN1. + ! ON THE GROUND. . .._ . .. , ? . 2. PROPERTY LINES ARE BASED UPON DEED :. ' . .. } FILED WITH THE SUFFOLK COUNTY CLERK IN ' G LIBER 12025-PAGE 468. s _ /� © � . 3: BEARINGS AND NORTH ARROW REFER TO METAL PIN N' . THE NORTH AMERICAN DATUM OF 1983 (NAD SET /' . 83 LI ZONE) AS DETERMINED BY GPS FIELD MEASUREMENTS PERFORMED BY HEIDECKER .. I: __5� . . : . ��.. -�-�_ LAND SURVEYING, PLLC, N _A . . . 4. SUFFOLK COUNTY TAX ASSESSOR J DESIGNATION: -�� . . Q - --- a . .. AME . DISTRICT 1000=SECTION 070.00-BLOCK 04.00-TAX LOT 031.000. �" TSE PIN S. THIS IS NOT A TITLE SURVEY AND IS. T + SUBJECT TO ANY STATE OF FACTS A FULL MET '`IGN I , SAT 2' - 1 � • ' METAL PIN EI ---;�u E� , ��=-- , . . AND CURRENT TITLE REPORT MAY REVEAL. SET , — _-1 6. ALL EASEMENTS MAY NOT BE SHOWN. ^J�6-�'--'. . �_ . 7. THE LINE SHOWN ALONG JOCKEY CREEK IS L_— `�— �v �- . PLOTTED AS PER DEED FOR LOT 31 AND �' — - / 1 . DOES NOT REFLECT THE HIGH WATER LINE AT " L�--- ALINE THE TIME OF THIS SURVEY. THE HIGH WATER ' UNE AS OBSERVED IS PLOTTED AS SHOWN. - 016 0�' T2, T'-44"--V . . . 2 8'. UNDERGROUND UTILITIES ARE NOT'SHOWN. N:` _ . 1:. �-__3— - .. 1 ' PRIOR TO CONSTRUCTION THE CONTRACTOR DOCK , •.. ., .._ , SHALL CALL "CALL BEFORE YOU DIG" AT (800) --� I . , . . . 272-4480 AND HAVE ALL UTILITY LOCATIONS `--' IV -- \ \ ' MARKED ON THE GROUND. \ 9. VERTICAL DATUM IS REFERENCED TO THE \ :NORTH AMERICAN VERTICAL DATUM OF 1988 i . . . . . . (NAVD 88) AS DETERMINED BY GPS FIELD MEASUREMENTS PERFORMED BY HEIDECKE%R J O C K E Y CREEK . LAND SURVEYING, PLLC. ! I. HIGH do LOW WATER LINE WERE OBSERVED ^ . ON DECEMBER 15, 2016. / \ HIGH WATER AT ELEVATION 1.T 'LOW WATER AT ELEVATION -1.5' `R .- ,w II D(� l I F .. ` PD _ {( i . ®� NE�jr & I.I. \ . G n HE �q^ . . . CERTIFICATION �s C� .. fru , I ...' _>-, ru mat �. I. I JOHN GERD HEIDECKER, A LICENSED LAND 1 - m .SURVEYOR IN THE STATE OF NEW YORK ,•. (� 5^j - (LICENSE N0. 50719), DO HEREBY CERTIFY THAT "` -THIS MAP WAS PREPARED IN ACCORDANCE WITH s, �. , „_P .. .' : . THE EXISTING CODE OF PRACTICE FOR LAND � , - . 'SURVEYS ADOPTED BY THE NEW YORK STATE ?j /y �� : : ., ASSOCIATION OF PROFESSIONAL LAND S� +6507�9�Q`' . SURVEYORS. THIS CERTIFICATION EXTENDS ONLY ` • • TO THE PARTIES NAMED BELOW AND IS NOT ... TRANSFERABLE. ®� N D . t: John McCarthy-O'Hea , . �« .. ' , . . . . . . SDRVEY PREPARED FOR: . T h /� r/y�n h 9 /'y . �Z z 20/d John! Cin 16'l c'V a I t Gy— O. HG l.(�•.,.' , PROJ. NO.,, mouthorized alteration or '' ATE: 16HLS128 .iddition to this survey is a JO GERD HEIDECKER N.Y. STATE LAND SURVEYOR LIC. # 50719 DATE halation of section 7209, . . 4 CROWN sTREET. TOPOGRAPHIC/BOUNDARY SURVEY SHEEP NO. aubdivsion. 2, of the New York , , DECEMBER 24, 2016 1 OF 1 state Education Law. Copies of KINGSTON, NEW YORK 12401 DRAWN BY E.M. SECTION '70—BLOCK 4=TAX LOT `31 .Joe # `fiis survey map not bearing the --- ,__„ . . , . unoe TTTT T "^­r 63°s°, SURVEY OF PROPERTY FRq 01 °°'F °���T SITUATE M lv / ORIENT . .( TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK s S.C. TAX No. 1000-24-01 - 11 S �'"�o �T� SCALE 1 "=30' ��oc°F o SCR i RF STORY po', AUGUST 13 2010 Po,pCNeo �DFiV o oq e°. � JUNE 30, 2016 WATER DEPTHS AREA = 46,797 sq. ft. °a� oJo4 • �'e" (TO TIE LINE) 1 .077 CIC. CERTIFIED T0: J� , STEPHEN K. WAGNER L eco 00 1 ►/�, CHARLOTTE WAGNER CAMBRIDGE TITLE AGENCY, LLC `9 sly°� / ? ! • e .. :• p e d a '�{ F � tib � d . • t G. •: �' �( '� � �: �.I f o `��°moo eryp� �G2a O I J1, 1017 e. _..1 A,, Iz `�' Q. �. �A9�F , .�CyFR Sq�O ♦ \ + .a � , y \ '9A 001- "p "p MM e PREPARED IN ACCORDANCE WITH THE MINIMUM o, STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED ra fir' � ly FOR SUCH USE BY THE NEW YORK STATE LAND ,' 3�q(( •� TITLE ASSOCIATION. VFT . ,�,4 L:;i "rr ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM �Q ; a `N.Y:S Lic. No. 50467•.: � .._,.--�,f1r ELEVATION HIGHER HIGH WATER MARK 06/30/2016 = 2.3' ELEVATION HIGH WATER MARK 06/30 2016 = 1.6' v° A / UNAUTHORIZED ALTERATION OR ADDITION ELEVATION LOWER LOW WATER MRK 06/30/2016 = —1.7' i TO THIS SURVEY IS A VIOLATION OF \ WATER DEPTHS SHOWN IN INCHES ARE REFERENCED TO LOWER LOW WATER BEING AT 0" SECTION 7209 DF THE NEW YORK STATE EDUCATION LAW. Nathan Taft Corwin iii COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S SEAL OR o EMBOSSED SHALL INOTDBE CONSIDERED Land Surveyor TO BE A VALIDLID TRUE COPY. �Jv Lc CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE CI TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys - Subdivisions - Site Plans - Construction La out G LENDING INSTITUTION LISTED HEREON, AND Y Y 9Pa TO THE ASSIGNEES OF THE LENDING INSTI- �/ TUITION. CERTIFICATIONS ARE NOT TRANSFERABLE. PHONE (631)727-2090 Fax (631)727-1727 l 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