Loading...
HomeMy WebLinkAbout1000-123.-7-3 OFFICE LOCATION: o��®F S®UlyOl MAILING ADDRESS: Town Hall Annex `` ® P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) CA � Southold, NY 11971 ® �p� Telephone: 631 765-1938 1�00U '`1,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: July 17, 2017 Re: Local Waterfront Revitalization Program Coastal Consistency Review for 100 PARK AVENUE CORP., c/o PAUL PAWLOWSKI SCTM# 1000-123-7-3 L. K. McLean Associates, P.C. on behalf of 100 PARK AVENUE CORP., c/o PAUL PAWLOWSKI requests a Wetland Permit to construct a proposed 4'x121.7' timber dock with a finished elevation of 4.50; construct a 4'x30' fixed lower platform parallel to the seaward end of dock using four(4) 10" diameter piles with a finished elevation of 2.50; and for two (2) additional 10" diameter mooring tie-off piles installed 12' off the lower platform; and non-treated wood will be used in the construction of the dock. Located: 100 Park Avenue, Mattituck. SCTM# 1000- 123-7-3 The LWRP Consistency forms received on May 9, 2017 and June 9, 2017 by the Planning Department are incomplete and deficient with no written analysis for the answers provided. 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: 1, 3, 4, 6.1, 9.1, 9.3, and 10, and therefore is INCONSISTENT with the Local Waterfront Revitalization Plan. Page 1 of 18 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 answers below regarding the adverse effects of locating permanent, private dock structures in public waterbodies. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. The Peconic Bays comprise the most significant open space areas under Town control. The aesthetic impact of dock structures upon these areas is relative to one's viewpoint and perspective. However, studies have found that in general, aesthetic preferences are for open/distance water views, enhanced water access, historic or generic coastal development, water related development, and diverse, well maintained vegetation. It is important to recognize that docks impede and obstruct visual access of scenic vistas associated with open space from private and public abutting properties along the waterfront, including road ends. The future dock would be visible from the Maratooka Road end beach area. Studies have shown that the preservation of such visual access is important to private property owners. Correspondingly, social studies have repeatedly confirmed that interruptions of scenic view sheds are perceived as detrimental to the experience. The proposed dock structure and vessel would extend 124.5 feet into the water body interrupting scenic view sheds important to public and the community and does not preserve the scenic quality of open space, therefore, the action does not meet Policies 1 and 3. Further, the community character of Peconic Bay in this area is uninterrupted, sweeping views of the waterbody with one existing, permitted, dock structure that predates the adoption of the Chapter 275 rewrite and the LWRP in 2004. Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Waves that affect the Town shores are generated by local winds. Wind waves on the shoreline are determined by the fetch, wind characteristics, decay distance, and water depth. In general, increases in fetch, wind speed, and duration result in larger wind waves. Water depth, if shallow enough compared with the wave height and period, will affect wave characteristics, with wave breaking beginning when the wave height is roughly 80 percent of the water depth. The uninterrupted fetch in this location is six miles. Impacts from wind and waves on the proposed dock structure and vessel (note boat lifts are prohibited by Town regulations) are expected to result in frequent structural damage and loss. Major storm events could result in hazardous conditions threatening life and property due to the structures becoming a floating debris and or a projectile. This was the case with "Superstorm Sandy". Shoreline structures damaged and lost created a hazardous debris field above and underwater following the storm. Page 2 of 18 The parcel shoreline is located within a Coastal High-Hazard Areas (V-zones) defined as areas with special flood hazards associated with high-velocity waters generated by tidal surges and hurricane wave wash (Figure 1). V-zones are located seaward of the A- zones and both zones are contained within the 100-year floodplain. The risk to dock structures within these areas should not be underestimated. As indicated, dock structures located within these areas together with the associated vessels have the potential to suffer high frequency of loss and pose real hazards to life and property during high wind and storm surge events. Town of Southold Coastal Eroslon Hazard Area .r.. � '- gn1 VE Flood Zone Surface Waters 't r ^';E "s; ^ O Tax Parcel E�LWRP Reaches Subreach Boundary Points Map Prepared by Town of Southold GIS August 13,2008 .. .. .t.• .lTe,.`''"t :`.':.:..� 1. , t ^%S�' "i '.� J, k .yam,.• I r .Zr ,L,�,.tY i' 4 �:- `'�-fl). y I• ' •l i i' I, 1,1. 4 yK,. J. t.r' ad.'"tl ;Fj/f,+j1 I If. I , I It� .I, r •I 1 i rt It `r. - y'�`. �•a.✓x .R 1.J .1 I t ` t i I it Figure 1. Town of Southold VE Flood Zone Map (2008) with parcel area location (black circle). Policy 6.9. Protect and restore ecological quality throughout the Town of Southold. Town goals and policy and protect public and environmental values such as; public access and use, navigation,,aesthetics and ecological value of Peconic Bay. Peconic Bay is a National Estuary with high ecological significance. The area where the dock structure is proposed is a designated NYSDOS Significant Coastal Fish and Page 3 of 18 Wildlife Habitat North Fork Beach Complex, NECAS—USFWS Northeast Coastal Areas Study Significant Coastal Habitat, and a NYSDEC Critical Environmental Area. 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 (including from boat washing, fueling etc...) The LWRP categorizes three types of impairments to the ecological complexes and individual habitats of Southold, they include: Physical loss: Immediate physical loss of elements within ecological complexes is the most obvious impact and also may be referred to as a primary impact. Degradation: Degradation of elements within ecological complexes does not refer to the outright physical loss of these elements, but rather to a negative change in the quality of these elements, caused by factors within or adjacent to a complex. This degradation usually occurs over a more extended period of time than with a physical loss and also may be referred to as a secondary impact. Functional loss: Functional loss results not from major physical changes or even from changes in the basic quality of elements within a complex, but rather from inappropriate adjacent or internal uses (homes, marinas, various recreational uses) that are disruptive to certain species of animals and cause a change or shift in their activities. The three types of impairments have had, and continue to have, negative impacts on the Town's coast. The historic and current threats to the North Fork Beach Complex and Orient Island Complex include impacts to nesting birds and Northern diamondback terrapins due to human disturbances (basically, any activity within 150 feet within the vicinity of the nesting sites) during the nesting season. Such disturbances can lead to destruction of eggs and individuals as well as the seasonal or permanent abandonment of the site. Vegetation succession, resulting in the loss of bare sand for nesting, also is a factor in reducing the suitability of nesting beaches for terns and piping plovers. In addition to human activity that interferes with established nesting sites, the physical loss in habitat or potential nesting areas due to cumulative development that occurs along the shore-line is a recognized problem. This type of development also poses threats to water quality and the sustainability of these waters for prey and predators alike. Page 4 of 18 The long term survival of beach-nesting bird species, particularly piping plovers and roseate terns, requires full protection of current and recent historical nesting beaches. The identification, definition and protection of main feeding and nesting areas should be given high priority. Protection measures may include closing off beaches during the breeding and nesting season, fenced enclosures around specific areas, posting of signs against trespassing, predator and pet trapping, beach warden patrol and public education. Identification, delineation and protection of main feeding and nesting areas should be a high priority. Several sites may require restoration (through careful placement of dredge spoil and control of vegetation) to enhance their suitability as nesting sites. Ongoing and long-term protection of specific beach sites can be accomplished by a variety of management mechanisms, including reducing human intrusion, cooperative management and conservation agreements, conservation easements, land use regulation and acquisition. (LWRP 2005). In addition to the potentially adversely impacting wildlife, the construction of a dock structure and vessel use results in damage to submerged aquatic vegetation, degrades water quality through the re-suspension of sediments/turbidity and introduction of contaminants, and poses a disturbance to wildlife including the continuity of habitat along the foreshore. Impacts from construction practices also result from the use of equipment to construct docks. Most frequent impacts are compaction of vegetation and soils resulting from the use of equipment traversing and accessing the construction area and the installation of pilings in the water column using high pressure water pumps or"jets" in a method referred to as "jetting". Sea grass once occupied this section of Peconic Bay but has since vanished. However, it was found that once pilings are installed in an area where sea grass once occurred, the sea grass would not re-establish. Damage to the ecosystem from vessels operating in shallow water depth areas are a concern. Turbulence and prop dredging generated by vessel traffic significantly increase turbidity levels, impacts the substrate, shellfish and benthic organisms. High turbidity levels attenuate the sunlight necessary for photosynthetic processes responsible for the primary productivity and oxygen regeneration of the water. The suspended sediments settle on shellfish beds, smothering existing shellfish and altering the quality of the sand bottom essential for spat (mollusk larvae) settlement. Re- suspension of bottom sediments causes redistribution of sediments, alteration in sediment grain size distribution, changes in bottom topography relief, elevation and grade, including creation of depressions in the bottom. More detail on the ecological designations discussed above follow: NECAS — USFWS Northeast Coastal Areas Study Significant Coastal Habitats 1991. In 1990, Congress appropriated $150,000 for the Fish and Wildlife Service (Service) to conduct a study that would identify those areas in Long Island in need of protection for fish and wildlife habitat and the preservation of natural diversity. Page 5 of 18 The final product is a compendium and individual description of regionally significant habitats and habitat complexes in need of protection. The list of habitat areas was developed after extensive consultation with regional biologists in Federal and State governments and numerous conservation organizations and universities. Nevertheless, differences in interpretation may exist among regional biologists and land managers as to what constitutes "significance" or"importance" and to what extent an area may be viewed as needing protection. As used in this narrative, "significance" of a site or resource refers to its relative regional importance to one or more life history stages or seasonal use periods of Federal trust species For example, the presence of a population, regardless of size, of a U.S. Endangered or Threatened species, the occurrence of an exemplary and undisturbed stand of a regionally scarce community type, a large wintering concentration of waterfowl in numbers or densities considerably greater that what is generally encountered in the region, areas with a high diversity of trust species, a highly vulnerable breeding or spawning area of a fish or bird species that has been substantially reduced or qualitatively degraded from historical times, may all be considered "regionally significant" sites or resources. NYSDOS Significant Coastal Fish and Wildlife Habitats (SCFWH) NYS DOS Significant Coastal Fish and Wildlife Habitats data set consists of areas designated under the Waterfront Revitalization of Coastal Areas and Inland Waterways Act. These areas have been determined to be of statewide significance, based on a quantitative evaluation of a combination of ecological factors. These factors include whether the area serves one or more of the following functions: is essential to the survival of a large portion of a particular fish or wildlife population. supports populations of species which are endangered, threatened, or of special concern. supports populations having significant commercial, recreational, or educational value . exemplifies a habitat type which is not commonly found in the state or in a coastal region. The US Fish and Wildlife Service identified two regionally significant ecological complexes within Southold (US Fish and Wildlife Service, 1991). The delineation of these ecological complexes in Southold is based on the information on ecological communities and habitat requirements of various species presented in the Department of State's Coastal Fish and Wildlife Habitat Rating Forms (DOS, 1987) and the Northeast Coastal Areas Study(US Fish and Wildlife Service, 1991). • North Fork Beach Complex • Orient Point- Islands Complex The North Fork Beach Complex extends along the Peconic Bay shoreline from Jamesport (in the Town of Riverhead) to the Village of Greenport in the Town of Page 6 of 18 Southold. It includes a narrow, linear complex of beaches, salt marshes, tidal creeks and nearshore baywaters. In most instances the space occupied by the habitats is quite narrow, rarely more than a few hundred feet wide, except for several tidal creeks and marshlands. Included in this complex are at least 22 individual areas of regional fish or wildlife significance that are in need of protection, management or enhancement. The significance of this complex is in its value, both actual and potential, as nesting, feeding, migration and recovery habitat for colonial beach nesting birds, principally the roseate tern, least tern, common tern and piping plover. The wetland habitat is important to Northern diamondback terrapins both as feeding and nesting areas. The complex also provides valuable feeding areas for ospreys and herons, while the creeks and baywaters are productive for finfish, shellfish and crustaceans. Although many of the individual habitat sites are small and separated from one another as a result of both natural and human-caused habitat fragmentation, the distances between these individual sites are not very great, and they can collectively be viewed as part of a single, functioning ecologically interrelated, linear shoreline system. It is essential to attempt maintain the full geographic and ecological continuum of these habitats in order to provide for the long term survival of these beach dependent species. Critical Environmental Areas The Peconic Bay and environs were designated Critical Environmental Areas (CEA) in 1989. To be designated as a CEA, an area must have an exceptional or unique character with respect to one or more of the following: a benefit or threat to human health; a natural setting (e.g., fish and wildlife habitat, forest and vegetation, open space and areas of important aesthetic or scenic quality); agricultural, social, cultural, historic, archaeological, recreational, or educational values; or an inherent ecological, geological or hydrological sensitivity to change that may be adversely affected by any change. Policy 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. 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. Page 7 of 18 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 to certain levels. 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 alonq the shore typically for fishing shellfishina 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 riqhts 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 (NOAH 2008). An offshore mooring would also gain pubic access to public waters. The applicant retains no ownership rights to the public waters or bottomlands where the dock is proposed. Further, ample opportunities exist for public access, use and enjoyment of the Peconic Bay and other waterbodies. Throughout the Town, 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. Maratooka Road is located to the east of the parcel and provides access to public waters. 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 ecological significance of this area of Peconic Bay is very high. Impacts to wildlife and marine species are expected with the physical loss and degradation of elements within ecological complexes and functional loss from use by the placement of a dock structure which have been found to be disruptive to certain fish species and cause a change or shift in their activities and behavior. Impacts to bottom sediments and benthic organisms are also expected to occur through the construction of the dock structure and operation of a vessel with an undetermined draft. The water depth where the dock is proposed is shallow with varying water depths and sandbar formations (migrating). Page 8 of 18 • � zb nt .4.+f �_ _ rst!•.'^"4 '"fix � 'll' ,fa ° ' � p..14i a.�`^•b'>2"xrj ��R_`��, BrPyyi J 5�'*iA �;u.r .snC"� ..,�. 7�'6.+:. r+; �.�BP+''1,v++w.° t J�a`..^qh".• • . Syti..\ ti ray°' �,,tf,, s ov .�"' � "�;* 'S.,�''�' �. :.Y�..r" - Y^-' �. •e .� �,.q, rte: - — .- 1 1' II 1 - 1 • Figure 2. Subject area showing shallow water depth and sand bars (migrating) Propeller scouring or scarring and turbidity from initial construction of the dock structure and vessel operation in this very shallow area of Peconic Bay is expected. Additionally, the disposal of sanitary waste onboard the vessel and washdown chemicals and has not been identified. 2. Values for natural resource management, public recreation, and Commerce; The values for natural resource management are high and catalogued through the ecological designations and the goals and policies of the ecological designations and the Peconic Estuary Program Comprehensive Conservation and Management Plan (CCMP); a blueprint to restore and protect the waters of the Peconic Bays. The CCMP promotes a holistic approach to improving and maintaining the estuary and its watershed. Priority management topics include Brown Tide, nutrients, habitat and living resources, pathogens, toxic pollutants, and critical lands protection. These six priority topics, together with the need for public education and outreach, form the basis for the CCMP action plans. The CCMP identifies a framework to address estuary-wide impacts of all kinds that can potentially result from the accumulation of localized changes to the system including Brown Tide, and small scale physical changes (i.e., propeller scour, addition of individual docks and piers)that Page 9of18 cumulatively, can have reverberating effects throughout the Peconic ecosystem. The Peconic Bay, a public waterbody, provides a high level of public recreation and commerce (aquaculture, fishing, clamming) opportunities. 3. Size, character, and effect of the transfer in relation to neighboring uses, The proposed dock references an historic dock structure to the west of the subject parcel that received a permit in 1997 prior to current Chapter 275 Wetlands and Shoreline regulations and adoption of the LWRP in 2004. 4. Potential for interference with navigation, public uses of waterway, and riparian rights; Riparian rights: 1. Are appurtenant to and arise from the proximity of the land to the water. 2. A riparian owner has no direct property interest in either the adjacent water or underwater lands, but merely the right to use such water and land. A riparian owner has the right of access to navigable waters for navigation, fishing and other uses, exercised in a reasonable manner. Temporary, seasonal vessel moorings are available to the applicant to access and use public waters. The proposed dock structure would impede navigation of small manual powered 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. The construction of a permanent, dock structure in public waters removes and or hinders the public use waters and bottomlands of where the dock structure is located. Public use in the area under and around the dock would be diminished. 5. Effect of the transfer of interest on the natural resources associated with the lands, The dock structure would transfer the interest of the public to utilize the area where the dock structure would occupy, effectively reducing the ability of the public to access the area. 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). Alternative water access points are available Town wide. i 7. Adverse economic impact on existing commercial enterprises; Page 10 of 18 The private dock structure would remove the area occupied by the dock structure and vessel from public use including any commercial uses that occur in Peconic Bay. 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 the beach and the nearshore area. Policy 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. The proposal would obstruct and/or reduce the public use of the beach area and could hinder or obstruct public access along the beach. From the bottom of the stair to the beginning of the dock 15' is proposed where no structure would occur. This area currently has 82' of unimpeded beach from the bottom of the stair to apparent mean low water. The proposed dock structure would occupy approximately 76' from the apparent mean low water mark landward over the beach and all of the beach seaward of the apparent high water mark. Throughout Peconic Bay and Gardiners Bay (Reaches 5 through 9) two hundred and forty five (245) public and quasi-public access points have been established to allow for public access to the foreshore and nearshore (navigable) waters. These public access points include; public and private marinas; park district, town and state boat launch facilities; town and state road ends and private parks and road ends. Currently, there are approximately forty (40) public and private marinas and nineteen (19) boat launch facilities available to the public to gain access to Peconic Bay and Gardiners Bay. Public access can also be gained by utilizing numerous rights-of-way at the end of public roads. This is an effective means of gaining access to the public trust lands along the foreshore. In addition to public road ends, certain residents can access water bodies via properties owned by the Mattituck Park District in the Town of Southold. The Park Districts are supported through tax levies and the use of their respective facilities is restricted to the residents of each particular District. The Park Districts have developed to serve the recreational needs of local area communities and have generally been oriented toward providing beach areas and waterfront activities. Page 11 of 18 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 imited.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. Page 12 of 18 The action is not expected to interfere with commercial navigation. 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 and the applicant currently enjoys access to navigable waters from the property. Numerous facilities are available throughout Town to gain access to navigable waters for recreational boating from various locations. (ii) The range of tidal water level fluctuation, Water depths have been provided, however, it is unknown what tide they have been calibrated too. The tidal range in this area fluctuates depending on several factors (lunar, wind direction). The difference between average high water and average low water as shown on the plans is 1'. The water depth at the dock terminus is shown as -3.86' to -3.88' (undefined) respectively. It is important to note that Mobilegraphics tide information shows a tidal fluctuation greater than 3'+from high to low tides using a random date of May 12, 2017 and the South Jamesport, Riverhead station located to the west of the property. The greatest difference in tidal fluctuation is closer to the new moon lunar cycle where the level of tide falls up to 3.6' from high tide (Saturday June 24, 2017 AM). Based on the tidal regime the threat of damage to bottom sediments and benthic organisms from a future vessel is moderate to high (depending on draft and vessel use timeframes). The tidal fluctuation at the South Jamesport station for May, June and July information are provided below. Page 13 of 18 May 2017 Day High Low High Low High Moon Sunrise Sunset Mon 1 4 20 AMEDT/35R 1116 AM EDT 1-02 f 506 PM EDT/27R 1131 PM EDT 103 fi 548 AM ED 747 Phi ED Tue 2 5 24 AM EDT 13 2 ft 12 17 Phi EDT 1-0 0 614 PM EDT/2 7 ft Fust Quarte 5 46 AM ED17 48 PM ED Ned 3 12 37 AM EDT i OA ft 6'33 Ahl EDT 13 0 R 1-18 PM EDT/0 1 ft -23 PM EDT/2 7 It 5 45 AM ED 49 Phi ED Thu 4 143 AM EDT/0 4 it 7-44 AM EDT/2 8 ft 2 16 PM EDT/0 1 it 8.28 Ph1 EDT 12 8 it 5 44 AM ED17 50 PM ED 65 45 AM EDT 10.3ft 8.50 AM EDT/27ft 11 PM EDT 102R 9:25 PM EDT/29it 1543 AM ED 751 PM ED Sat 6 3 43 AM EDT 10 2 it 9 49 AM EDT/2 7 it 4 00 PM EDT 10 2 It 10'14 Ph1 EDT i 3 0 f 15 42 AM ED17 52 PM ED Sun 7 :34 AM EDT 10.1 it 10 38 AM EDT/2 7 114,46 Phi EDT/0 2 it 10 56 Phi EDT/3 1 f 5 40 ANI EDT 7 53 PM ED Aon 8 `•21 AM EDT 10 1 it 1120 AM EDT/2 6 h 5 29 PM EDT/0 2 R 1133 Phi EDT 13.2 f 5 39 AM ED 7 54 Ph1 ED Tue 9 5 05 AM EDT/0 Oft 11-59 AM EDT/2 0'113 09 PM EDT 10 3 it 5 38 Ahl ED 7 55 Ph1 ED ed 1012 09ANI EDT/3 2 it 5 47 A l EDT 10 0 it 12 35 Phi EDT/2 6 ft 3 50 Phi EDT/0 3 it Full Moon 5 37 AM ED 7-56 Ph1 ED Thu 1112-44Ahl EDT/32f728AMEDT/01it 1'12 PM EDT/26ft 7 31 Phi EDT/04it 536AMEDT 757 PM ED 612 1-20 Aht EDT/3 2 ft 10 Ah1 EDT i 0.1 ft 1:49 PM EDT/2 0"ft -13 Phi EDT 10 5 ft 5 35 AM ED 7'58 PM ED Sat 13 1,56 AM EDT/3 2 ft 8 53 Ahl EDT 10 1 it 2 30 PM EDT 12 5 it 8 56 PM EDT/0 6 it 15 34 AM EDT T 59 PM ED Sun 14 2 34 AM EDT 13 1 it 9 38 AM EDT/0.2 it 3:12 PM EDT/2 5 ft 9.42 Ph1 EDT/0 7 it 5.33 AM ED18 00 PM ED on 15 :14 AM EDT/30ft 1025 AM EDT/03ft358 PM EDT/24ft 1033 PM EDT 10.8 It 1532 AM ED 801 PM ED ue163.57AMEDT/2.9it 11.14 AM EDT/04ft447 PM EDT/24R 1126PiIEDT 109 it 1531 AM ED1888 02 PM ED ed 1 :46 AM EDT 12 8 ft 12 04 Phi EDT 10 4 ft15 41 PM EDT/2 4 ft 5 30 AM ED 03 PM ED u 18 12 22 AM EDT/0 9 ft 5 41 AM EDT/2 7 ft =EDT 4 6 35 PM EDT 12 5 it Last Quarte 5 29 AM ED 04 PM ED rl19 119 AM EDT 10.8it 640 AMEDT127it PMIt 729 PM EDT/27ft 528APJED05PMEDSat 20 t3 AhiEDTlO6ft 7'40Ah1EDT/27ft ft 8'21 Ph1 EDT/2.9R 528Ah1EDOBPM1tEDSun 21 06 AMEDT104it 838 AM EDT/28ft it 9-10 PM EDT/3211 527AMED07PMED on 22 57 AM EDT 102it 933 AM EDT/29ft it 9:59 Ph1 EDT/35it 526 AM EDT 808 Phi ED Tue 23 46 AM EDT!-0 1 it 10 25 AM EDT/3 0 53 Phi EDT/-0 0 ft 10 47 PM EDT/3 8 5 25 AM ED 8 08 Ph1 ED Ned 2 125 AM EDT/-0.3 ft 11:17 AM EDT/3 1 5.40 PM EDT/-0.1 ft 1135 PM EDT 14 0 5 25 at ED 8.09 PM ED Thu 25 AM EDT/-0.5 ft 12 08 Phi EDT/3 1 29 PM EDT I-0.1 ft New Moon 5 24 AM ED 810 Ph1 EDrl 26 12 25 Ahl EDT/4 AM EDT/-0.6 ft 101 Phi EDT/31 it 20 Ph1 EDT 1-0.1 ft 5-23 AM ED 8 11 Ph1 EDSat 27 1:16 AM EDT/4 AM EDT 1-0.6 R 1:54 PM EDT/31 ft .13 PM EDT/-0.1 ft 5 23 A I ED 8.12 PM EDSun28 09AMEDT/4AMEDTI-05R 25OPMEDT/30ft 1OPMEDT/OOft 522 AM ED 813 PM EDon 29 .04 AM EDT138 . AM EDT I-0.3ft 348 PMEDT/2.9ft 1010 PM EDT 102 522 AM EDT 813 PM ED Tue 30 -03 AM EDT/3 5 it 10.54 AM EDT/-02 14 50 Phi EDT/2 9 it 111.13 PM EDT 10.3 5 21 AM ED18 14 PM ED Figure 2. Tide levels for the South Jamesport Station, Great Peconic Bay. May June 2017 Day High Low High Low High Moon Sunrise Sunset Thu 1 12 18 AM EDT/0 4 R 5 11 AM EDT 12 9 ft 12:50 PM EDT 10 1 f 6 59 PM EDT 12 9 ft First Quarte 520 AM EDT 3 16 PM ED rl2 122 AM EDT 104ft 719AMEDT/27ft 146PMEDT/02ft 501 PM EDT/29ft 520 AM EDT 3 16 PM ED ata 2 23Ahl EDT 104it 823AMEDT/26ft 39PMEDT/03ft 857PMEDT/30ft 5,19 AM EDT 3,17 PM E0 Sun 4 3 20 AM EDT 10 3 it 9 21 AM EDT/2 5 ft -29 Ph1 EDT/0 3 ft 9 45 PM EDT/31 ft 519AMEDT3118PMEDI ons 411 AM EDT/03R 1010 AMEDT!25 i5 PM EDT/04it 1027 PM EDT/31 ill JAM AM ED 18 PM E0 ue6 .58 AM EDT 102ft 1053 AM EDT/25 59 PMEDT/04it 11.05 P161 EDT/3 2 AM ED 19 PM ED ed 7 5.41 AM EDT/O 2 R 1132 AM EDT 12 5 41 Phi EDT/0 4 it 11'41 Phi EDT 13 2 Ahl ED 20 PM ED U 6 22 AM EDT 101 ft 12.09 PM EDT 12 5 22 PM EDT/0 4 ft AM ED 20 PM ED rib 1217 AM EDT/33 03 AM EDT/01it 1746 Phi EDT/25 03 PM EDT/05It Full Moon Aid ED '21 PM ED atio 1252AF.1EDT/33 7A4 AM EDT/0 1 it 125PMEDT/25ft 45PRIEDT105ft AM ED 21 PM ED Sun 11128Ah1EDT/32ft 828Ah1EDT/Otft 205 Ph1 EDT/26R 28 PMEDT/06ft Aid ED 22 PM ED on 12 06 AM EDT 132it 110 AM EDT 102it 246 PM EDT l26ft .14 PM EDT/07it AM ED 22 PM ED ue13 45 AMEDT/31it 954 AM EDT/02it 330 PM EDT/26R 1003 Phi EDT/08 AM ED 23 PM ED ed1 26AMEDT/3Oft 1040 AM EDT/0.3 it 4-16 PM EDT/2.6 it 1054 PMEDTI08f AMED 23 PM ED u15 15 AM EDT/29ft 11'28AMEDT l04It505PMEDT/2.6It 1149 PM EDT/08 AM ED 24 PM ED rl 16 07 AM EDT/2 6 it 12 16 PM EDT/0 4 ft 5 57 PM EDT/2 7 it AM ED 24 PM ED at 17 1246Ahl EDT 10.7R604Ah1EDT/27R 106 PM EDT/04it 551 PM EDT 129it Last Quarte AM ED 824 PM ED Sun 18 142 AM EDT 106it 705 AM EDT/27R 155 PM EDT/04it 745 PM EDT 131It AM ED 25 PM E0 Mon 19 38AMEDT/O4it 806AMEDT/27R 45 Phi EDT/03ft 838PMEDT/34f1 AMED 25 PM ED Tue 20 332 AMEDT IOAit 905 AM EDT 127ft 35 PM EDT/02it 931 Phi EDT 136It AM ED 25 PM E0 Ned 21 424 AM EDT/-01 ft 1001 AM EDT 128 26 PMEDT101it 1023 PM EDT/38 AM ED 25 PM ED Thu 22 516 Ahl EDT I-0 3 it 10'56 Ahi EDT/2,9 P 516 PM EDT/-0 0 R 11'15 P1.1 EDT 14 0 f 5:18 AM ED 25 PM ED IS-Uu 23 07AM EDT 1-0 4 ft 1150 AM EDT/3 0 3 08 Ph1 EDT I-01 R New Moon 5,18 AM ED 26 Ph1EDt24 1208 AM EDT/4.1 58 AM EDT/-05it 1243PMEDT/31 02 PhiEDT/-01R 5:19 AMED 26 PM E0n 26100 AM EDT/40it 749 AMEDT/-05it 137 PM EDT/31ft 56 PMEDTi-01it 519 AM ED 26 PM EDon 26153 AM EDT/3 9 ft 41 AM EDTi-0 4 ft 2 32 Ph1 EDT131 R 53 PhiEDT/0 0 ft 5:19 AM ED 26 Phi EDe 27 48 APR EDT/3 7 fl 9 34 AM EDT/-0 3 ft 3 28 PM EDT/3 0 ft 51 Ph1 EDT/0 1 R 5 20 AM ED 26 Ph1 EDed 2 44 AM EDT/3 4 R 10 28 AM EDT/-01 4'26 Phi EDT/3 0 ft 10 52 Ph1 EDTi 0 3 5-20 AM ED 4 26 PM ED29 4 43 AMEDT/31it 11-23 AM EDT 100ft526PMEDT/30R 1153 PM EDT/0 i 1521 Ahi ED 26 Ph1 ED ri 30 '43 AM EDT 12 8 it 11218 PM EDT/0 2 ft 27 PM EDT/2 9 it Flrst Quade 5 21 Ah1 ED 4 26 Ph1 ED Figure 3. Tide levels for the South Jamesport Station, Great Peconic Bay.- June Page 14 of 18 July 2017 Day High Low High Low High Moon Sunrise Sunset Sat 1255AhtEDT/04 46AMEDT126ft I13PMEDT/0311 726PMEDT/29ft 5 22 AM EDT 826 Phi ED Sunt 155 AM EDT l05it 748AMEDTi24ft 206PMEDT104ft 822PMEDT/30ft 522 AM EDT 825 PM ED Mon J 2 51 AM EDT/0 4 it 8 45 AM EDT 1 2.4 tt 256PNIEDT104ft 912 Ph1 EDT/3 0 ft 5 23 AM EDT 8 25 Phi ED Tue 4 342Ahl EDT/04 it 9 37 AM EDT 12 3 it 3.44 PM EDT 10 5 it 955 Phi EDT 131 it 5 23 AM EDT 8 25 PM ED Wed 61 4 30 AM EDT i 0 3 ft 10 22 AM EDT/2 3 fl 4 29 Phi EDT 10 5 it 10 35 Phi EDT 13 1 524 AM EDT 8 25 Phi ED-11 Thu6 5.14 AM EDT/03ft 11-03 AM EDT/24 5-13 PM EDT l05it 11.13 PM EDT/32 f 5 24 AM EDT 824 PM ED Fri 7 5 56 AM EDT 10 2 it 1142 AM EDT/2 5 f15 55 Phi EDT/0 5 it 1150 PM EDT/3 2 f 5 25 AM EDT 6 24 Ph1 ED Sat B 5 37 AM EDT 10 1 it 12 20 PM EDT/2 5 116.37 Phi EDT 10 5 it 5 26 AM EDT 8 24 Phi ED Sun 1226 AM EDT 133 fi 718 AM EDT/01 it 1259 PM EDT/26 fi 7 20 PM EDT/05it Full Moon 527 AM EDT 823 Ph1 ED Mon 101.04 AM EDT/3 3 it 7 59 AM EDT/0 1 it 138 PM EDT 12 6 it 8 03 Phi EDT/0 5 it 5 27 AM EDT 8 23 Phi ED Tue 111'42 AM EDT/32 it 8.40 AM EDT 101 it 2,18 Phi EDT/27it 847 PMEDT/0.6it 528 AM EDT 822 Phi ED Wed 142 21 AM EDT 13 2 It 9 23 AM EDT 10 1 It 3 00 PM EDT/2 7 it 9 34 PM EDT 10 6 it 15 29 AM EDT 8 22 Phi EDTI Thu 13303 AM EDT 131 it 1007Ah1EDT 102 111344 PM EDT 128it 1025 PM EDT/O6 1 5 29 AM EDT 821 Phi ED r114 349AMEDTr3.Oft 1052AMEDT/03 31PMEDT/29ft 1119PMEDT/0630 AM EDT 821 PM ED Sat 15 4 40 AM EDT 12 8 ft 11.40 AM EDT 10 3 5 22 PM EDT/3 0 ft 5 31 AM EDT 8 20 PM ED Sun 16 12 16 AM EDT 10 6 fl 5 36 AM EDT/2.7 it 12 30 PM EDT 10 4 f G 17 PM EDT 13 1 it Last Quarter 5 32 AM EDT 8 20 PM ED Mon 17 1-14 AM EDT I 0 5 ft 5 37 AM EDT/2 6 ft 122 PM EDT I 0 4 it 7 14 PM EDT 132 it 5 33 AM EDT 8.19 PM ED Tue 18 13 ANI EDT/0 3 ft 40 AM EDT 12.6 ft 217PMEDT103ft 812 Ph1 EDT 13 4 ft 533 AM EDT 8 18 PM ED Wed 191 09 AMEDT/0.1it 8.43 AM EDT 126 it 3 11 PIA EDT 102 it 910 PM EDT/36ft 5 34 AM ED 8:18 PM ED Thu 20 404AM EDT/-O Oft 9 43 Ah1 EDT 12.7 tt 4 05 PM EDT 10 1 it 10 06 Phi EDT/3.7 f 5.35 AM ED 8.17 Ptd ED Fri 21 4 57 AM EDT 1-0 2 It 10 40 AM EDT/2 8 114 59 PM EDT 10 0 it 11 00 PM EDT/3 8 f 5 36 AM EDT 8 16 PM ED Sat 22 549AM EDT 1-0 3 11 11 34 AM EDT 12 911553PM EDT/-0 1 it 1154 Phi EDT/3.9f 5 37 AM EDT 8.15 PM ED Sun 23 '39 AM EDT/-0 4 It 12 28 PM EDT/3.0 116 47 PM EDT/-0 1 it New Moon 5,38 AM EDT 814 PM ED Mon 24 12.46 AM EDT/3 6 fi 7 29 AM EDT/-0 4 it 120 PM EDT 13.1 it 7 40 PM EDT/-0 1 ft -39 AM EDT 8 13 PM ED Tue 251-38AMEDT/37ft 3 19 AM EDT/-03it 2 11 Phi EDT/32ft 35 PM EDT/-00ft 15.40 AM EDT 813 PM EDTI Wed 2q2 29 AM EDT/3 5 it 9 08 AM EDT 1.0 2 it 3 03 PM EDT 13.1 it 9 30 PM EDT 101 it 5A1 AM ED 8-12 PM ED Thu27321AMEDT/32ft 59AMEDT/-01f1356PMEDT131ft 1027 Ph1 EDT/0 2 ti 541AMEDT811PMEDT r128 4 15 Aht EDT/3 0 ft 10 51 AM EDT 10.1 4 51 PM EDT 13.0 ft 1124PMEDT104fl 5A2 AM EDT 8 10 PM ED Sat 29 5'10Ah1EDT 127ft 1143 AM EDT/03 547 Phi DT/30ft 543 AM ED 809 PM ED Sun 30 72 23 A i EDT I 0 5 07 AM EDT 12.5 ft 12 37 Ph1 EDT/0 4 G 44 PM EDT 12 9 ft Firsl Quarte 44 AM EDT 8 08 PM ED Figure 4. Tide levels for the South Jamesport Station, Great Peconic Bay., July Page 15 of 18 August 2017 Day High Low High Low High Moon Sunrise Sunset Tue1 2 17 AMEDT/05ft 05AMEDTl23ft 223PMEDTl06ft 32PMEDT/29ft `46 AM EDT 805 PM EDT Wed 2 3 10 AM EDT 10 5 ft 9 00 AM EDT 12 3 it 3 13 Phi EDT 10 6 ft 9 20 PM EDT/2 9 ft `47 AM ED 8.04 Phi ED Thu 3 3 58 AM EDT 10 4 ft 9 49 AM EDT/2 3 It 4 01 Phi EDT 10 6 ft 10 04 Phi EDT i 3 D IN `48 AM EDT 8 03 Pfd EDT Fri 4 4 44 AM EDT-/0 3 It 10 33 AM EDT-/2 4 fl 4.46 Phi EDT 10 5 it 10 44 Ph1 EDT 13.1 5 49 AM EDT 8 02 PM ED Sat 5 5 27 AM EDT 10 2 it 11 14 AM EDT/2 5 H5 30 PM EDT/0 5 It 11 22 Phi EDT/3 2 1 15-50 AM EDT 8 01 PM ED Sun 6 '08 AP.i EDT 10 2 It 1152 AM EDT 12 6 f 6-12 Phi EDT f 0 4 ft `51 AM EDT 8 00 PM ED Mon 7 12 01 AM EDT 13 2 113 48 AM EDT/0 1 ft 12 31 Phi EDT l2 7 16 55 Phi EDT 10 4 ft Full Moon 5 52 AM EDT 7 58 PM EDT Tue 8 1239 AM EDT 13 3 fi 7 29 AM EDT 10,1 ft 1 09 PM EDT 12 9 ft 7 37 Phi EDT!0 4 ft 5 53 AM EDT 7.57 PM ED Wed 9 1.18 AM EDT 13 3 ft 3 09 AM EDT!0 1 ft 148 Phi EDT/3 0 ft 8 21 Phi EDT 10 3 ft 5 54 AM EDT T 56 PM EDT Thu 10 159 AM EDT 13.3 ft 8 50 AM EDT 10 1 ft 2 29 Ptv1 EDT/3 0 ft 9 08 Phi EDT 10 3 ft 5 55 AM ED 7:55 Phi EO Frf 11 2 41 AM EDT/3 2 ft •32 AM EDT/0 2 ft 13 12 Phi EDT/3 1 ft 9 58 PM EDT"0 3 ft 5 56 AM EDT 7 53 Pht ED Sat 12 3 27 AM EDT 13.0 ft 10 17 AM EDT 10 3 fi 3-59 Ph1 EDT/3 2 ft 10 51 Phi EDT/0 4 fi 57 AM EDT 7.52 PM ED Sun 13 4.18 AM EDT 12.9 ft 11 06 AM EDT/03114 51 PM EDT 13 2 ft 1149 Phi EDT 10 4 11 58 AM ED 7-51 PM ED Mon 14 5 14 AM EDT 12.7 ft 1159 AM EDT 10 4 115 48 PM EDT 13 3 ft Last Quarter`59 AM ED 7.49 Phi ED Tue 15 12 50 AM EDT!0 3 flO.17 AM EDT/2 6 ft 12 56 Phi EDT f 0 4 113.49 PM EDT 13 3 ft 00 AM EDT 7.48 PM ED Wed 16 150AhiEDT/03ft 723AMEDT/261ft 156PMEDT/04ft 7.52PMEDT/34ft 01 AM EDT 7:46 Phi E0 Thu 17 50 Ahi EDT/0 2 ft 828AMEDTi26ft 2 55 PAI EDT f 0 3 ft 8 54 PM EDT/3 5 ft 02 AM ED 7:45 PM ED Fri 18 46 AM EDT/0 0 ft 930ANIEDT127ft 3 52 PAI EDT/0 2 ft 54 PPA EDT/3 6 ft 03 AM EDT T.44 Phi ED Sat 19 4,40 AM EDT/-0.1 ft 10 28 M,1 EDT/2 8 f 4-47 Phi EDT 10 1 ft 10 49 PM EDT 13.6 fi 04 AM EDT 7.42 PM ED Sun 20 5 30 AM EDT 1-0 2 ft 1121 AN EDT/3 0 fi 5,41 Phi EDT 1-0 0 ft 11-42 PM EDT/3.6 1 05 AM ED 7.41 Phi EO Mon 21 3 19 AM EDT/-0.2 ft 12.11 PM EDT/3 1 fi 633 PM EDT 1-0 1 ft New hloon 306 AM ED 739 PM ED Tue 22 12 32 AM EDT/3 6 07 AM EDT/-0.2 ft 1.00 Ptvt EDT 13 2 ft 7 24 Phi EDT f-0 1 ft 3.07 AM EDT 7.38 Phi ED Wed 22 121 AM EDT/35ft 7 53 AM EDT/-0.1ft1A7PM EDT 133ft 815 PM EDT I-00ft 3 08 AM EDT 7.36 PM ED Thu 24208 AM EDT/3.3ft 3.40 AMEDT/-0.0ft 34 Ph1 EDT/33ft 906 Phi EDT/01ft '09 AM ED 735 PM ED Fri 25 2 55 AM EDT 13.1 ft 9 27 AAI EDT/0 1 ft 322PM EDT/3 2 ft 959 Phi EDT/0 2 ft 3.10 Aht ED 7:33 PM ED Sat 26 3-43 AM EDT!2.9 ft 10 16 APA EDT 10 3 fl 4 11 Phi EDT/3.1 ft 10 52 PM EDT/0 4MEDT .11 AM ED 7.31 PM ED Sun 27 33 AM EDT/2 6 ft 1107 AM EDT 10 4 5:02 PM EDT!3 0 ft 11.48 Phi EDT 10 512 AM ED T30 PM ED Mon 28 5 27 AM EDT 12.5 ft 12 00 PM EDT/0 6 5 56 Phi EDT 12.9 ft 13 AM ED 7.28 Phi ED Tue 29 12 44 AM EDT/0 6 24 AM EOT!2 3 ft 12 55 PM EDT!0 7 EDT First Quarte 14 AM ED 727 PM ED ed 3 1.40 AM EDT/D 6 ft 724 AM EDT/2 3 ft 1.50 Phi EDT f 0 7 ft 15 AM ED 7.25 PM ED Thu 31 .34 AM EDT/0 6 ft -22 AM EDT 12 3 ft 2 43 PM EDT/0 7 ft 16 AM ED 23 PM ED Figure 5. Tide levels for the South Jamesport Station, Great Peconic Bay: August - ...., (iii) The size and nature of the body of water, Due to the large size and fetch of the Peconic Bay in this area, small manually powered 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 in deeper, open waters. The Peconic Estuary Program has discussed with the Town of Southold establishing a Blueway Trail along this section of the Peconic Bay for public use of manual powered kayaks and canoes. Both require little water depth to operate in. The proposed dock structure would impede the navigation of small watercraft close to shore resulting in a dangerous situation for children and other less experienced individuals. The small vessels are Page 16 of 18 susceptible to currents, winds and waves; capsize risk increases as the exposure to these factors increase. Dock structures force these types of user groups to navigate deeper waters by forcing them around the dock structure(s) due to the inability to travel under the dock structure during higher tide events. If additional docks are permitted in the area, the subsequent dock line increases the risk. (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. The proposed dock is not expected to impede navigation of motor driven vessels due to the shallow water depth in this area. 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. (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 and foreshore 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 Page 17 of 18 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 See discussion above in Policy 6.1 e. By potential adverse effects on public safety. See above comments. Policy 90. Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. As discussed, physical limitations on the placement and use of docks structures in Peconic Bay include shallow water depth, wave energy, storm surge and ice damage. Based on the above review, the proposed action does not meet the purpose of Chapter 268 Waterfront Consistency Review item C. (referenced below) of the Southold Town Code. The chapter was adopted under the authority of the Municipal Home Rule Law and the Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York (Article 42 of the Executive Law). C. It is the intention of the Town of Southold that the preservation, enhancement and utilization of the unique coastal area of the Town take place in a coordinated and comprehensive manner to ensure a proper balance between protection of natural resources and the need to accommodate limited population growth and economic development. Accordingly, this chapter is intended to achieve such a balance, permitting the beneficial use of coastal resources while preventing loss and degradation of living coastal resources and wildlife; diminution of open space areas or public access to the waterfront; disruption of natural coastal processes, impairment of scenic, cultural or historical resources; losses due to flooding, erosion and sedimentation; impairment of water quality; or permanent adverse changes to ecological systems. Alternatives to permanent, private, docks structures in Peconic Bay include temporary, seasonal mooring of boats in areas with adequate water depth 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. Page 18 of 18 OFFICE LOCATION: ®� S®(/&01 MAILING ADDRESS: Town Hall Annex O P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 ® �p� Telephone: 631 765-1938 �ycou�rt,� ' LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: July 17, 2017 Re: Local Waterfront Revitalization Program Coastal Consistency Review for 100 PARK AVENUE CORP., c/o PAUL PAWLOWSKI SCTM# 1000-123-7-3 L. K. McLean Associates, P.C. on behalf of 100 PARK AVENUE CORP., c/o PAUL PAWLOWSKI requests a Wetland Permit to construct a proposed 4'x121.7' timber dock with a finished elevation of 4.50; construct a 4'x30'fixed lower platform parallel to the seaward end of dock using four(4) 10" diameter piles with a finished elevation of 2.50; and for two (2) additional 10" diameter mooring tie-off piles installed 12' off the lower platform; and non-treated wood will be used in the construction of the dock. Located: 100 Park Avenue, Mattituck. SCTM# 1000- 123-7-3 The LWRP Consistency forms received on May 9, 2017 and June 9, 2017 by the Planning Department are incomplete and deficient with no written analysis for the answers provided. 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: 1, 3, 4, 6.1, 9.1, 9.3, and 10, and therefore is INCONSISTENT with the Local Waterfront Revitalization Plan. Page 1 of 18 Policy 9. 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 answers below regarding the adverse effects of locating permanent, private dock structures in public waterbodies. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. The Peconic Bays comprise the most significant open space areas under Town control. The aesthetic impact of dock structures upon these areas is relative to one's viewpoint and perspective. However, studies have found that in general, aesthetic preferences are for open/distance water views, enhanced water access, historic or generic coastal development, water related development, and diverse, well maintained vegetation. It is important to recognize that docks impede and obstruct visual access of scenic vistas associated with open space from private and public abutting properties along the waterfront, including road ends. The future dock would be visible from the Maratooka Road end beach area. Studies have shown that the preservation of such visual access is important to private property owners. Correspondingly, social studies have repeatedly confirmed that interruptions of scenic view sheds are perceived as detrimental to the experience. The proposed dock structure and vessel would extend 124.5 feet into the water body interrupting scenic view sheds important to public and the community and does not preserve the scenic quality of open space, therefore, the action does not meet Policies 1 and 3. Further, the community character of Peconic Bay in this area is uninterrupted, sweeping views of the waterbody with one existing, permitted, dock structure that predates the adoption of the Chapter 275 rewrite and the LWRP in 2004. Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Waves that affect the Town shores are generated by local winds. Wind waves on the shoreline are determined by the fetch, wind characteristics, decay distance, and water depth. In general, increases in fetch, wind speed, and duration result in larger wind waves. Water depth, if shallow enough compared with the wave height and period, will affect wave characteristics, with wave breaking beginning when the wave height is roughly 80 percent of the water depth. The uninterrupted fetch in this location is six miles. Impacts from wind and waves on the proposed dock structure and vessel (note boat lifts are prohibited by Town regulations) are expected to result in frequent structural damage and loss. Major storm events could result in hazardous conditions threatening life and property due to the structures becoming a floating debris and or a projectile. This was the case with "Superstorm Sandy". Shoreline structures damaged and lost created a hazardous debris field above and under water following the storm. Page 2 of 18 The parcel shoreline is located within a Coastal High-Hazard Areas (V-zones) defined as areas with special flood hazards associated with high-velocity waters generated by tidal surges and hurricane wave wash (Figure 1). V-zones are located seaward of the A- zones and both zones are contained within the 100-year floodplain. The risk to dock structures within these areas should not be underestimated. As indicated, dock structures located within these areas together with the associated vessels have the potential to suffer high frequency of loss and pose real hazards to life and property during high wind and storm surge events. Town of Southold .1.- Coastal Erosion Hazard Area = - . -• - = - - ®VEFloodZone (-1 Surface Waters _ •"Tax Parcel :e>µ r , '°1- -g• . er _ Q LWRP Reaches Subreach Boundary Points Map Prepared by >.1 s,:M •` ,,.1; _ `ar Town of Southold GIS a N!I�.<• w rt,"r:. T`,,-�t."1. ;.{' .'l'�'- '-'>•A.,..::=� 912' .ti1 1 �'o/" y. `^v• }. X4,1....[ �':.+`.i., - . y=i .",.` h5ax• .Yi"'..! .1'��j�� '�C��7 r 1 '! ' t'$ "!' • 1 t" i,1 ''.. !•I' n„�,p a t :2 1 `°13r 1,. 1: 1 r.. 'rI 11 tt .I .r. r,l rl.l •1' - j:'3 Sm %C4 'i Yds d'<` - ;At.i , , , ! , ! r , r r Figure 1. Town of Southold VE Flood Zone Map (2008) with parcel area location (black circle). Policy 6.9. Protect and restore ecological quality throughout the Town of Southold. Town goals and policy and protect public and environmental values such as; public access and use, navigation,aesthetics and ecological value of Peconic Bay. Peconic Bay is a National Estuary with high ecological significance. The area where the dock structure is proposed is a designated NYSDOS Significant Coastal Fish and Page 3 of 18 Wildlife Habitat North Fork Beach Complex NECAS—USFWS Northeast Coastal Areas Study Significant Coastal Habitat, and a NYSDEC Critical Environmental Area 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 (including from boat washing, fueling etc...) The LWRP categorizes three types of impairments to the ecological complexes and individual habitats of Southold, they include: Physical loss: Immediate physical loss of elements within ecological complexes is the most obvious impact and also may be referred to as a primary impact. Degradation: Degradation of elements within ecological complexes does not refer to the outright physical loss of these elements, but rather to a negative change in the quality of these elements, caused by factors within or adjacent to a complex. This degradation usually occurs over a more extended period of time than with a physical loss and also may be referred to as a secondary impact. Functional loss: Functional loss results not from major physical changes or even from changes in the basic quality of elements within a complex, but rather from inappropriate adjacent or internal uses (homes, marinas, various recreational uses) that are disruptive to certain species of animals and cause a change or shift in their activities. The three types of impairments have had, and continue to have, negative impacts on the Town's coast. The historic and current threats to the North Fork Beach Complex and Orient Island Complex include impacts to nesting birds and Northern diamondback terrapins due to human disturbances (basically, any activity within 150 feet within the vicinity of the nesting sites) during the nesting season. Such disturbances can lead to destruction of eggs and individuals as well as the seasonal or permanent abandonment of the site. Vegetation succession, resulting in the loss of bare sand for nesting, also is a factor in reducing the suitability of nesting beaches for terns and piping plovers. In addition to human activity that interferes with established nesting sites, the physical loss in habitat or potential nesting areas due to cumulative development that occurs along the shore-line is a recognized problem. This type of development also poses threats to water quality and the sustainability of these waters for prey and predators alike. Page 4 of 18 The long term survival of beach-nesting bird species, particularly piping plovers and roseate terns, requires full protection of current and recent historical nesting beaches. The identification, definition and protection of main feeding and nesting areas should be given high priority. Protection measures may include closing off beaches during the breeding and nesting season, fenced enclosures around specific areas, posting of signs against trespassing, predator and pet trapping, beach warden patrol and public education. Identification, delineation and protection of main feeding and nesting areas should be a high priority. Several sites may require restoration (through careful placement of dredge spoil and control of vegetation) to enhance their suitability as nesting sites. Ongoing and long-term protection of specific beach sites can be accomplished by a variety of management mechanisms, including reducing human intrusion, cooperative management and conservation agreements, conservation easements, land use regulation and acquisition. (LWRP 2005). In addition to the potentially adversely impacting wildlife, the construction of a dock structure and vessel use results in damage to submerged aquatic vegetation, degrades water quality through the re-suspension of sediments/turbidity and introduction of contaminants, and poses a disturbance to wildlife including the continuity of habitat along the foreshore. Impacts from construction practices also result from the use of equipment to construct docks. Most frequent impacts are compaction of vegetation and soils resulting from the use of equipment traversing and accessing the construction area and the installation of pilings in the water column using high pressure water pumps or"jets" in a method referred to as "jetting". Sea grass once occupied this section of Peconic Bay but has since vanished. However, it was found that once pilings are installed in an area where sea grass once occurred, the sea grass would not re-establish. Damage to the ecosystem from vessels operating in shallow water depth areas are a concern. Turbulence and prop dredging generated by vessel traffic significantly increase turbidity levels, impacts the substrate, shellfish and benthic organisms. High turbidity levels attenuate the sunlight necessary for photosynthetic processes responsible for the primary productivity and oxygen regeneration of the water. The suspended sediments settle on shellfish beds, smothering existing shellfish and altering the quality of the sand bottom essential for spat (mollusk larvae) settlement. Re- suspension of bottom sediments causes redistribution of sediments, alteration in sediment grain size distribution, changes in bottom topography relief, elevation and grade, including creation of depressions in the bottom. More detail on the ecological designations discussed above follow: NECAS — USFWS Northeast Coastal Areas Study Significant Coastal Habitats 1991. In 1990, Congress appropriated $150,000 for the Fish and Wildlife Service (Service) to conduct a study that would identify those areas in Long Island in need of protection for fish and wildlife habitat and the preservation of natural diversity. Page 5 of 18 The final product is a compendium and individual description of regionally significant habitats and habitat complexes in need of protection. The list of habitat areas was developed after extensive consultation with regional biologists in Federal and State governments and numerous conservation organizations and universities. Nevertheless, differences in interpretation may exist among regional biologists and land managers as to what constitutes "significance" or"importance" and to what extent an area may be viewed as needing protection. As used in this narrative, "significance" of a site or resource refers to its relative regional importance to one or more life history stages or seasonal use periods of Federal trust species For example, the presence of a population, regardless of size, of a U.S. Endangered or Threatened species, the occurrence of an exemplary and undisturbed stand of a regionally scarce community type, a large wintering concentration of waterfowl in numbers or densities considerably greater that what is generally encountered in the region, areas with a high diversity of trust species, a highly vulnerable breeding or spawning area of a fish or bird species that has been substantially reduced or qualitatively degraded from historical times, may all be considered "regionally significant" sites or resources. NYSDOS Significant Coastal Fish and Wildlife Habitats (SCFWH) NYS DOS Significant Coastal Fish and Wildlife Habitats data set consists of areas designated under the Waterfront Revitalization of Coastal Areas and Inland Waterways Act. These areas have been determined to be of statewide significance, based on a quantitative evaluation of a combination of ecological factors. These factors include whether the area serves one or more of the following functions: is essential to the survival of a large portion of a particular fish or wildlife population. supports populations of species which are endangered, threatened, or of special concern. supports populations having significant commercial, recreational, or educational value . exemplifies a habitat type which is not commonly found in the state or in a coastal region. The US Fish and Wildlife Service identified two regionally significant ecological complexes within Southold (US Fish and Wildlife Service, 1991). The delineation of these ecological complexes in Southold is based on the information on ecological communities and habitat requirements of various species presented in the Department of State's Coastal Fish and Wildlife Habitat Rating Forms (DOS, 1987) and the Northeast Coastal Areas Study(US Fish and Wildlife Service, 1991). • North Fork Beach Complex ® Orient Point- Islands Complex The North Fork Beach Complex extends along the Peconic Bay shoreline from Jamesport (in the Town of Riverhead) to the Village of Greenport in the Town of Page 6 of 18 Southold. It includes a narrow, linear complex of beaches, salt marshes, tidal creeks and nearshore baywaters. In most instances the space occupied by the habitats is quite narrow, rarely more than a few hundred feet wide, except for several tidal creeks and marshlands. Included in this complex are at least 22 individual areas of regional fish or wildlife significance that are in need of protection, management or enhancement. The significance of this complex is in its value, both actual and potential, as nesting, feeding, migration and recovery habitat for colonial beach nesting birds, principally the roseate tern, least tern, common tern and piping plover. The wetland habitat is important to Northern diamondback terrapins both as feeding and nesting areas. The complex also provides valuable feeding areas for ospreys and herons, while the creeks and baywaters are productive for finfish, shellfish and crustaceans. Although many of the individual habitat sites are small and separated from one another as a result of both natural and human-caused habitat fragmentation, the distances between these individual sites are not very great, and they can collectively be viewed as part of a single, functioning ecologically interrelated, linear shoreline system. It is essential to attempt maintain the full geographic and ecological continuum of these habitats in order to provide for the long term survival of these beach dependent species. Critical Environmental Areas The Peconic Bay and environs were designated Critical Environmental Areas (CEA) in 1989. To be designated as a CEA, an area must have an exceptional or unique character with respect to one or more of the following: a benefit or threat to human health; a natural setting (e.g., fish and wildlife habitat, forest and vegetation, open space and areas of important aesthetic or scenic quality); agricultural, social, cultural, historic, archaeological, recreational, or educational values; or an inherent ecological, geological or hydrological sensitivity to change that may be adversely affected by any change. Policy 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. 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. Page 7 of 18 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 to certain levels. 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 shellfishina 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. The applicant retains no ownership rights to the public waters or bottomlands where the dock is proposed. Further, ample opportunities exist for public access, use and enjoyment of the Peconic Bay and other waterbodies. Throughout the Town, 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. Maratooka Road is located to the east of the parcel and provides access to public waters. 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 ecological significance of this area of Peconic Bay is very high. Impacts to wildlife and marine species are expected with the physical loss and degradation of elements within ecological complexes and functional loss from use by the placement of a dock structure which have been found to be disruptive to certain fish species and cause a change or shift in their activities and behavior. Impacts to bottom sediments and benthic organisms are also expected to occur through the construction of the dock structure and operation of a vessel with an undetermined draft. The water depth where the dock is proposed is shallow with varying water depths and sandbar formations (migrating). Page 8 of 18 1 of ykw f t� i`N"l� k k YJ f�� - �•r✓ A, u n ♦s �C.i: xl�}�,. _`�S�"i `"T'�'i.`�+dj� , r� M�.�^'�y i rr.....- ° � •�^7.•. Ax ^`""'.`�.'uv'{t-3';�wY:�' �• � �tR�,,t�+,;d",., 4y`)t�'+��� ;t z F.y ZF<.��H "��.s,. �;. �" �'ir2`��.V kr�r+�w.`n"m.�"�%�"r.Y,�k�Y' ...1 .�,'� i?;i� r��a Mk • •�.}. .r+i��N,�� .ws�.� .»a.f.��w�!»+ i.`y...�:,si-w yvg�y�-' .y. '.�'! �.. ) `��,�.u'� S.Rv�` .s„t..�F+r..-.�wa�.++Ft1+rr,w st .r.r...S �! w.+,-{�.w«•:a«tnra �.-YnA .Kr r �..,�� � � w 'fj, - ! L•n-a ast-.w.2 y,�4(�M-AS' •t'e4.4�•w4awwy rP �+"!f"�Pi+7�'s+�+��. '� r, � aY. ''S"�'�'"�w''? �+''�"`Yy a7 .+s+' �. rt`lt,4w!.,wrCv �U'"7. �r�•' ,�"``r� � v� �.. J.a s2E. «•, r„S,.j.:es<. r+y 'tY 'r K"�'S�"t!. t r `FkygF i'`�SNS ,r.!'rtes r-e x R i• y*'=b> ..c✓ ti,. 'a t61 Y; 4*���'"^4, .i,•• 'Yti.' y� t 4.:' t ? w i � +F ons �''' 1 � �:. ✓G'a aY ) k, sar�i>si .h'�}c ��y+�•.Y•' C r,�-.wF S"w**`�""' 1 [ � � - t .'�� r a x ss '� f.-i i� ��Y+,1�"� 6'xT sL? Z.•�Sg` v� � �`� "f .:✓fir' ..,d ._ * t -.weL g r s ' y +.j#rr�r��. �{4.tY4[ S �{� ! F�.yi .•t. ��f '4. it'C k �:': 4 "''!' I[`lN�'�}+.. b r. Google Earth -•imagery Date:5/11/2016 40-58!53.W'N 72°31'04.42"W dev oft eye alt 1116 R O as so I I .1' 1 1 I • fo of I • cumulatively, can have reverberating effects throughout the Peconic ecosystem. The Peconic Bay, a public waterbody, provides a high level of public recreation and commerce (aquaculture, fishing, clamming) opportunities. 3. Size, character, and effect of the transfer in relation to neighboring uses; The proposed dock references an historic dock structure to the west of the subject parcel that received a permit in 1997 prior to current Chapter 275 Wetlands and Shoreline regulations and adoption of the LWRP in 2004 4. Potential for interference with navigation, public uses of waterway, and riparian rights; Riparian rights: 1. Are appurtenant to and arise from the proximity of the land to the water. 2. A riparian owner has no direct property interest in either the adjacent water or underwater lands, but merely the right to use such water and land. A riparian owner has the right of access to navigable waters for navigation, fishing and other uses, exercised in a reasonable manner. Temporary, seasonal vessel moorings are available to the applicant to access and use public waters. The proposed dock structure would impede navigation of small manual powered 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. The construction of a permanent, dock structure in public waters removes and or hinders the public use waters and bottomlands of where the dock structure is located. Public use in the area under and around the dock would be diminished. 5. Effect of the transfer of interest on the natural resources associated with the lands, The dock structure would transfer the interest of the public to utilize the area where the dock structure would occupy, effectively reducing the ability of the public to access the area. 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). Alternative water access points are available Town wide. 7. Adverse economic impact on existing commercial enterprises, Page 10 of 18 The private dock structure would remove the area occupied by the dock structure and vessel from public use including any commercial uses that occur in Peconic Bay. 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 the beach and the nearshore area. Policy 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. The proposal would obstruct and/or reduce the public use of the beach area and could hinder or obstruct public access along the beach. From the bottom of the stair to the beginning of the dock 15' is proposed where no structure would occur. This area currently has 82' of unimpeded beach from the bottom of the stair to apparent mean low water. The proposed dock structure would occupy approximately 76' from the apparent mean low water mark landward over the beach and all of the beach seaward of the apparent high water mark. Throughout Peconic Bay and Gardiners Bay (Reaches 5 through 9) two hundred and forty five (245) public and quasi-public access points have been established to allow for public access to the foreshore and nearshore (navigable) waters. These public access points include; public and private marinas; park district, town and state boat launch facilities; town and state road ends and private parks and road ends. Currently, there are approximately forty (40) public and private marinas and nineteen (19) boat launch facilities available to the public to gain access to Peconic Bay and Gardiners Bay. Public access can also be gained by utilizing numerous rights-of-way at the end of public roads. This is an effective means of gaining access to the public trust lands along the foreshore. In addition to public road ends, certain residents can access water bodies via properties owned by the Mattituck Park District in the Town of Southold. The Park Districts are supported through tax levies and the use of their respective facilities is restricted to the residents of each particular District. The Park Districts have developed to serve the recreational needs of local area communities and have generally been oriented toward providing beach areas and waterfront activities. Page 11 of 18 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 imited: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. Page 12 of 18 The action is not expected to interfere with commercial navigation. 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 and the applicant currently enjoys access to navigable waters from the property. Numerous facilities are available throughout Town to gain access to navigable waters for recreational boating from various locations. (ii) The range of tidal water level fluctuation, Water depths have been provided, however, it is unknown what tide they have been calibrated too. The tidal range in this area fluctuates depending on several factors (lunar, wind direction). The difference between average high water and average low water as shown on the plans is 1'. The water depth at the dock terminus is shown as -3.86' to -3.88' (undefined) respectively. It is important to note that Mobilegraphics tide information shows a tidal fluctuation greater than 3'+from high to low tides using a random date of May 12, 2017 and the South Jamesport, Riverhead station located to the west of the property. The greatest difference in tidal fluctuation is closer to the new moon lunar cycle where the level of tide falls up to 3.6' from high tide (Saturday June 24, 2017 AM). Based on the tidal regime the threat of damage to bottom sediments and benthic organisms from a future vessel is moderate to high (depending on draft and vessel use timeframes). The tidal fluctuation at the South Jamesport station for May, June and July information are provided below. Page 13 of 18 May 2017 Day High Low High Low High Moon Sunrise Sunset Mon 1 4 20 AM EDT/3 5 R 11 16 AM EDT/-0 2 f 5 06 PM EDT/2 7 it 11 31 PPA EDT/0.3 fi 5 48 AM EDT 7 47 PM ED ue 2 5-24 AM EDT 13 211 12 17 Ptd EDT 1-0 0 f 614 PM EDT 12 7 IT First Quartei 5 46 AM EDT 7 48 Phi ED Wed 3 12 37 AM EDT/0.4 it 6-33 AM EDT/3 0 R 118 Phi EDT/0 1 it -23 PM EDT/2 711 5 45 AM EDT 7.49 PM ED Thu 4 143 AM EDT/0 4 it 7 44 AM EDT/2 8 it 2 16 PM EDT/0 1 ft 828 PM EDT 12 811 5 44 AM EDT 7 50 Ph1 ED ri 5 45 AM EDT 10.3 it 8 50 AM EDT/2 7 it -11 PM EDT/0 2 it 9-25 PM EDT 12 9 ft 5 43 AM ED 7 51 Ph1 ED Sat 6 43 AM EDT 10.2 ft 9 49 AM EDT/2 7 ft 00 PM EDT!0 2 R 1014 Phi EDT 13 D 5 42 AM ED 7 52 PM ED Sun 7 :34 AM EDT 10 1 R 10 38 AM EDT/2 7 46 PM EDT 10 2 ft 10 56 PM EDT/3 1 5 40 AM ED 7 53 PM ED on 8 5 21 AM EDT 10 1 ft 11 20ANI EDT/2 6 29 PM EDT I 0 2 ft 1133 Phi EDT 13 2 5 39 AM ED 7 54 PM ED Tue 9 3 05 AM EDT 10.0 ft 11-59 AM EDT/2 0" 3 09 PM EDT/0 3 ft 5 38 AM ED 7.55 PM ED ed 1012 09 AM EDT/3 2 47 ANI EDT 10 011 12 35 Phi EDT/2 6 50 Phi EDT 10 3 ft Full Moon 5 37 AM ED 7 56 PM ED u1112.44Ah1EDT 132fT28AMEDT/0111 112 PMEDTI26ft 31 Phi EDT/04ft 536 AM ED 757 PM ED ri 12 1:20 AM EDT/3 2 ft 8 10 Ahi EDT/0.1 1t 1:49 PM EDT/2 0"it -13 PM EDT/0511 5 35 AM ED 7 58 PM ED Sat 13 1-56 AM EDT/3 2 ft 53 AM EDT/0 1 ft 2-30 PM EDT/2 5 ft 56 Ph1 EDT/0 6 ft 5.34 Ahi ED 59 PM ED Sun 14 :34 Ahl EDT/3.1 ft 38 AM EDT/0.211 3.12 PM EDT/2 5 ft .42 PM EDT!0 7 ft 5 33 Ah1 ED $.00 PM ED on 15 -14 AM EDT/30ft 10.25 AMEDT/0311358PMEDT/248 1033 Phi EDT 10.8 532 AM ED SOfPhi EDT ue16 .57 AM EDT/298 11:14 AM EDT/04IT447 Phi EDT/248 1126 Phi EDT 109 531 AM ED $02 PM ED ed 1 :46 AM EDT/2 8 ft 12 04 PM EDT 10 4 R 5 41 PM EDT 12 4 ft 5 30 AM ED 8 03 PM ED U18 1222 AM EDT 109it541AMEDT/27ft 1255PMEDT/04 35PI0EDT/25ft Last Quarte 529AMED 804 PM ED rt 19 1.19 AM EDT/0 8 it 6 40 AM EDT/2 711 1 45 PM EDT/0 4 ft 729 Ph1 EDT/2 711 5 28 AM ED 8 05 PM ED11 Sat 20 13 AMEDT 106ft 7*40AMEDT/27ft 33 PRI EDT/038 821 PM EDT/2.911 528 AM ED 806 PM ED Sun 21 06 AMEDT/04it 838ANI EDT/28it 20PMEDT/028 910PMEDT/328 527AMED 807 PM ED on 22 57 AM EDT/02 ft 933 AM EDT/29ft 06PMEDT/01ft 9:59PMEDT/35ft 526 AM ED 808 PM ED ue23 46 AM EDT!-0111 1025 AM EDT/30 53 PM EDT/-OOft1047PM EDT/38 525 AM ED 808 PM ED ed 2 5 36 AM EDT 1-0.3 ft 11 17 AM EDT/31 5.40 PM EDT/-0.1 ft 1135 PM EDT 14 0 525 AM ED B 09 PM ED Thu 25 25 AM EDT/-0 5 IT 12 08 PM EDT/3 1 29 PM EDT 1.0.1 it New Moon 5 24 AM EDT 810 PM ED rf 26 12 25 AAI EDT-/41 7 16 AMEDT/-0.6 it 1.01 PM EDTI 3 1 it 20 PM EDT 1-0.1 ft 5 23 AM EDT 8 11 PM ED Sat 27 1:16 AM EDT/4 1 ft 08 AM EDT 1-0.6 it 1:54 PM EDT/31 ft 13 PM EDT/-01 It 5 23 AM ED 8-12 PM ED Sun 28 09 AM EDT 14 0 ft 02 AM EDT/-0 5 ft 2 50 PM EDT/3 0 ft 10 PM EDT/D 0 ft 5 22 AM E0 8 13 PM ED on 29 04 AM EDT/3 811 57 AM EDT 1-0.3 ft 3 48 PM EDT/2.9 It 1010 PM EDT/0 2 5 22 Aho ED 813 PM ED ue 30 03 AM EDT/3 5 ft 10.54 AM EDT/-0.2 14 50 Phi EDT/2 9 ft 11.13 PM EDT/0 3 1 1 15 21 AM EDT 814 PM ED Figure 2. Tide levels for the South Jamesport Station, Great Peconic Bay. May June 2017 Day High Low High Low High 15:19AMED Sunrise Sunset Thu 1 1218 AM EDT/0 4 R 6 11 AM EDT 12.9 ft 12.50 PM EDT/01 6 59 PM EDT/2 9 ft Fi5:20ANI ED 16 PM ED rig 122 AIEDT104it 719 AM EDT/27ft 1:46 PM EDT 102ft-801 PM EDT/29820 AM ED 16 PM ED ata 23 AMEDT 104R 823AhIEDT/26ft 39PMEDT103ft 857PMEDT/30819 AM ED 17 PM E0 Sun 4 20 AM EDT 10 311 9 21 AM EDT 12 5 ft 29 Ph1 EDT 10 3 ft 9 45 PM EDT/3.1 ft19 Ahi ED 18 PM ED on6 itAMEDT103R t010AMEDT/25 15PMEDT/04ft 1027PMEDT/31 18 PM E0 Ile 4.58 AM EDT 10 2 it 10 53 ANI EDT 12 S f 4 59 PM EDT/0 4 it 11.05 PM EDT/3 2 f 1 1518 Ahi ED 19 PM ED ed7 541 AM EDT/0211 1132 AM EDT/25 f'41 PM EDT/04it 1141 PM EDT/32 T 5-16 AM ED 20 PM ED U8 5.22 AM EDT 10.1 it 12 09 Ph1 EDT 12 5 f 5 22 PM EDT l0 4 it 518 AM ED 20 PM ED rf9 1217 AM EDT/33 117 03 AM EDT/01ft 1246 Phi EDT 125 f T 03 PM EDT/0511 Full Moon 5.17Ah1 ED 21 PM E0 at10 1252111:1 EDT/33 ft 7.44 AM EDT/0111 125 PM EDT/258 7 45 Phi EDT 105R 5:17 AM ED 21 PM ED unll126AMEDT/32ft 826 AM EDT/Gift 205 PM EDT/268 3 28 Phi EDT/06ft 5:17 AM ED 22PIIEDT on 12 2 06 AM EDT/32ft 9.10 AM EDT 102ft 246 PM EDT/26ft 9.14 PM EDT/0711 1517 AM ED 22 PM EO ue13 2 45ANI EDT/31ft 954 AM EDT 102ft 330 PM EDT/26ft 1003 PM EDT/08 f 517 AM ED 423 PM E0 ed 14 28 AM EDT 130ft 1040 AM EDT/03ft416 PM EDT/26ft 1054 PM EDT 108 f 517 AM ED 23 PM ED u15 -15 AM EDT/29ft 11'28 AM EDT 10 4 ft 5 05 PM EDT/2 6 ft 1149 PM EDT/08f 5.17 AM ED 24 Ph1 ED ri16 5 07AMEDT/28ft 1216Ph1EDTI04ft567Ph1EDT/27ft 5.17 AM ED 824 PM ED at 17 1246 AM EDT/07ft604AMEDT 12.7ft 106 PM EDT/0411 5 51 Ph1 EDT/29ft Last Quarte 5:17 AM ED 924 PM ED un18 142 AM EDT 106ft 705 AM EDT/27ft 155 PM EDT/0411 7 45 PMEDT 131ft 5-17 AM ED 25 PM ED on19 2 38 AMEDT/04ft 806 AM EDT/27ft 2 45 PM EDT/0311 838 Phi EDT/34ft 5.18 AM ED 925 PM EO ue20 332 AM EDT 10.1ft 905 AM EDT/27ft 3 35 Ph1 EDT/0211 9 31 PM EDT 136ft 5.18 AAM ED 25 PM ED Ned 21 424 AMEDT/-01ft 1001 AM EDT 128 A 4 26 PM EDT 101ft 1023 PM EDT/36 f 518AMED 25 PM ED u22 516 AM EDT/-03ft 1056 AM EDT/29 115 16 Ph1EDT/-0011 1:15 Phi EDT/40 11 5-18 AM ED 25 PM ED lri 23 07 AM EDT/-0 4 ft 1150 AM EDT 13 0 08 PM EDT/-01 ft New Moon 5,18 AM ED 26 PM ED Sat24 1208 AM EDT/41 658 AM EDT/-05ft 1243 PM EDT/31 02 Phi EDT/-018 5.19Ah1ED 26 Phi ED un26IOOAMEDT/408 749Ah1EDT/-05ft 137 PM EDT/3111 56 PM EDT/-0.1ft 519 AM ED 26 Phi ED an 26153 AM EDT/3911 41 AMEDT/-04ft 232 PM EDT/3111 53 PMEDT 100ft 5:19A1dED 26 PM ED ue27 48Ah1EDT/37ft 934AMEDT/-0311 328PNIEDT/3011 51 PM EDT/gift 520AMED 26 PM E0 ed 28 -44 AM EDT/34ft 1028 AM EDT/-01 426 PM EDT/30ft 1052 PM EDT 103 520 Aid ED 426 PM ED u 29 43 AM EDT 13- ? 1 ft 11*3 A61 EDT 10 0 ft 5 26 PM EDT/3 0 ft 1153 PM EDT 10 4 5 21 AM ED 26 PM ED H30 "43Ah1EDT/218PMEDT/028 27PMEDT/298First Quarlei 521 Aid ED 426 PM ED Figure 3. Tide levels for the South Jamespoit Station, Great Peconic Bay. June Page 14 of 18 July 2017 Day High Low High Low High Moon Sunrise Sunset Sat 1 12 55 Aht EDT/0 4 46 Aht EDT/2 6 ft 1 13 Phi EDT/0 3 ft 7 26 PM EDT/2 9 it 22 AM ED78 26 Phi ED Sunt 155 AM EDT/05 it 748Ah1EDT/24f1 206PMEDT/04ft 822PMEDT/30ft 522 AM EDT 825 PM ED Mon 3 2 51 AM EDT l 0 4 it 8 45 AM EDT I2.4 it 2 56 Phi EDT I 0 4 it 912 PM EDT/3 0 ft 5 23 AM EDT 8 25 Ptd ED Tue 4 3 42 ANI EDT/0 4 it 9 37 A I EDT/2 3 ft A4 PM EDT/0 5 0 9 55 Ph1 EDT 13 1 ft _23 AM EDT 8 25 Phi ED Wed 6 1 4 30 AM EDT 10 3 it 10 22 AM EDT/2 3 114 29 Phi EDT 10 5 it 10 35 Phi EDT/31 q 5 24 AM EDT 8 25 PM ED Thu 6 5.14 AM EDT 10 3 ft 11 03 AM EDT/2 4 5-13 PM EDT 10 5 it 11 13 PM EDT/3 2 f 5 24 AM EDT 8 24 Phi ED Fri 7 -56 ANI EDT 10 2 it 11.42 AM EDT 12 5 115 55 Phi EDT/0 5 it 1150 Ph1 EDT/3.2 f 5 25 AM EDT 8 24 Phi ED Sate 5 37 AM EDT 101 it 1220 Phi EDT/25 116 37 PMEDT/05ft 5 26 AM EDT 824 Phi ED Sun 9 12 26 AM EDT!3 3 fi 7.18 AM EDT/0 1 it 12 59 Phi EDT/2 8 P 7 20 PM EDT I 0 5 it Full Moon 5-27 AM EDT 8 23 Phi ED Mon 101 04 AM EDT 13 3 ft 7 59 AM EDT 101 it 138 Phi EDT/2.6 it 8 03 Phi EDT 10 5 it 527 Aid EDT 8 23 Phi ED Tue 11 1 42 AM EDT/3 2 it 8 40 AM EDT 10 1 ft 2 18 PM EDT/2.7 it 8 47 PM EDT/0.6 it 528 Ah1 EDT 8 22 Phi ED Wed 142 21 AM EDT 13 2 it 9 23 AM EDT 10 1 it 3 00 Phi EDT/2.7 it 9 34 Phi EDT 10 6 it 5 29 AM EDT 8 22 PM EDII Thu 13303 AM EDT 131 it 1007 AM EDT/02 11344 PM EDT 12.8it 1025 Phi EDT 106 1 5'29 AM EDT 821 PM E0 614 349AMEDT/30ft 10-52ANIEDT/03 31PMEDT/29ft lilgPMEDT106f 5 30 AM EDT 821 Phi ED Sat 16 4-40 AM EDT/28ft 11.40 AM EDT 103 fl 522 Phi EDT/30ft 5 31 AM EDT 820 PM ED Sun 16 1216 AM EDT/06 fl 536 AM EDT 12.7 it 1230 PM EDT/04 f 617 Phi EDT 131ft Last Quarter 5 32 AM EDT 820 Phi ED Mon 17 114AMEDT/05ft 637ANIEDT126ft 122PMEDT/04ft 714PhiEDT/32ft 5 33 AM EDT 8.19 PM ED Tue 18 13 AM EDT 10 3 ft 40 AM EDT/2.6 ft 217PMEDT103ft 812 Ph1 EDT/3 4 ft 533 ATA EDT 8 18 PM ED Wed 1q 09Ah1EDT10.1ft 843AMEDT/26ft '11PMEDT/02ft 910PMEDT/36ft 5 34 AM EDT 8.18 PM EDTI Thu 20 4 04 AM EDT 1-0 0 it 9 43 AM EDT 12.7 it 4 05 PM EDT/0 1 it 10 06 PM EDT/3.7 f 5*35 Ahl EDT 8 17 Ptd ED Fri 21 4 57 AM EDT 1-0 2 ft 10 40 Ahi EDT 12 8 fl 4,59 PM EDT/0 0 ft 11 00 PM EDT/3 8 f 5 36 AM EDT 8 16 PM ED Sat 22 5 49 AM EDT 1-0 3 ft 11.34 AM EDT/2.9 fl 5 53 PM EDT/-0 1 it 1154 Phi EDT 13 9 f 5 37 AM EDT 8 15 PM ED Sun 23 -39 AM EDT/-0 4 It 12 28 PM EDT 13 0 '47 PM EDT/-0 1 ft New Moon 5 38 AM EDT 8 14 Ptd ED Mon 24 12 46 AM EDT 13 8 .29 AM EDT/-0 4 it 120 PM EDT 13.1 it 7 40 Phi EDT/-0 1 it 39 AM EDT 8 13 PM ED Tue 251:38Ah1EDT/37it 19AM EDT/-0 3ft :11 PhiEDT132ft 35 PM EDT/-0.0ft 540 AM EDT 813 PM ED Wed 2q2 29 AM EDT 135 it 08 ANI EDT I-02ft 3 03 PM EDT 13.1it 930 PM EDT/Otft 5A1 AM EDT1312 PM EDTj Thu 27321 AM EDT 132 it 59 AMEDT/-01ft 3 56 Phi EDT 131 it 1027 Phi EDT 102f 5 41 AM ED 8'11 PM ED ri 28 415AMEDT130ft 10 51 AM EDT l 0.1 51 PM EDT/3.0 ft 1124PMEDT104fl 5A2 AM EDT 8 10 PM ED Sat29 5-10AMEDT/2711 11.43 AM EDT 301 5:43 AM ED 8'09 Phi ED Sun 30 12 23 AM EDT 10 5 07 AM EDT/2.5 ft 12 37 Phi EDTi0.4 644 PM EDT/2 9 ft First Quarte'-44 AM ED 8 08 PM ED Figure 4. Tide levels for the South Jamesport Station, Great Peconic Bay. July Page 15 of 18 August 2017 Day High Low High Low High Moon Sunrise Sunset Tue1 2 17 AMEDT/05ft 805AMEDT123ft 223PMEDT/06ft 832PMEDT/29ft 546 AM EDT 805 PM ED Wed 2 3 10 ANI EDT/D 5 R 9 00 AM EDT/2 3 ft 3 13 PAI EDT 10 6 R 9.20 PPA EDT 12 9 it 5 47 ANI EDT 8 04 PM ED Thu3 358 AM EDT 104A 949 AM EDT/23it 401 PKI EDT 106ft 1004 Phi EDT/3D 11 5 48 AM EDT 803 PIN ED Fri 4 4 44 AM EDT 10 3 ft 10 33 AM EDT!2 4 fl 4 46 Phi EDT 10 5 it 10 44 PM EDT/3.1 fi 5 49 AM EDT 8.02 PM ED Sats 527 AM EDT 102R 1114AAI EDT/25I530PMEDT/05ft 11.22 Phi EDT/32 t 1550 AM EDT 801 PM ED Sun 608 AM EDT/02R 1152AMEDT/26 612PMEDT/041t l5551ANI EDT 800 PM ED Mon 7 12 01 AM EDT 13 2 N3 48 AM EDT/0 1 it 12 31 PM EDT 12 7 f 5 55 PM EDT/0 4 it Full Moon 52 ANI EDT 7 58 Phi EDT Tue 8 12 39 AM EDT r 3 3 fl 7 29 AM EDT 10 1 R 1 09 PM EDT/2 9 it 737 Phi EDT/04 it 53 AM EDT 7,57 PM ED Wed 9 1.18 AM EDT;3 3 it 8 09 AM EDT/0 1 it 148 Ph1 EDT 13 0 R 3 21 Phi EDT 10.3 it 5 54 AM EDT 7 56 PM EDT Thu 10 1 59 Ah1 EDT 13.3 ft 8 50 API EDT/0 1 ft 2 29 PM EDT/3 0 ft 9 08 PM EDT 10 3 ft 5 55 AM ED 7:55 PM ED Fri 11 241 AM EDT/32it ;32 AM EDT/02ft 1312 PM EDT/31it 958 Phi EDT 10.3it 556 AM EDT 753 PM ED Sat 12 3 27 AM EDT 13.0 it 10 17 AM EDT 10 3 fi 3 59 Phi EDT 13 2 it 10 51 Phi EDT!0 4 f 5 57 AM ED 7.52 PM ED Sun 134.18 AM EDT/29ft 1106 AM EDT/03 fi 4,51 PM EDT/32R 1149 Phi EDT/04 11 558 AM ED 7-51 PM ED Mon 14 5 14 Aid EDT 12.7 it 1159 ANI EDT 10 4 fi 5 48 PM EDT 13 3 R Last Quarter'59 AM EDT 7.49 PM ED Tue 16 1250 AMEDT!03 fiG17AMEDT126it 1256 Phi EDT/04 fl 3:49 PMEDT/3.3it 3.00 AM EDT 7.48 PM ED Wed 16 150AMEDT103ft 723AMEDT/26ft 156PMEDT104ft 7.52PMEDT/34ft 5 01 AM EDT 7.46 Phi E0 Thu 17 50 AM EDT/0 2 ft 828AMEDT126ft 2 55 PAI EDT/0 3 ft 8 54 PM EDT 13 5 ft 3 02 AM ED 7-45 PM ED11 Fri 18 -46 AM EDT/0 0 it 9'30 AM EDT/2 7 R 3 52 PM EDT/0 21t ,54 PM EDT/3 6 ft 3 03 AM EDT 7.44 Phi ED Sat 19 '40 AM EDT!-0.1 It 10 28 AM EDT 12 8 fi 4 47 PM EDT/0 1 it 10 49 PM EDT 13.6 V 3 04 AM ED 7:42 PM ED Sun 20 5 30AhIEDT!-02it1121AMEDT/30 fi 541 Phi EDT/-OOft11-42PM EDT/3.6 IN 305 AM ED 7.41 PM E0 Mon 21 5 19 AM EDT I-0.2 R 12.11 Phi EDT 13 1 116 33 PM EDT l-0 1 it lNew Moon 06 AM EDT 7 39 PM ED Tue 22 12 32 AM EDT/3 6 117 07 AM EDT/-0 2 it 100 PM EDT/3 2 it 7 24 PM EDT 1-0 1 it 07 ANI EDT 7.38 Phi ED Wed 23 121 AM EDT 13 5 it 7.53 AM EDT/-01011.47 1.47 PM EDT 13 3 it 8 15 PM EDT 1-0.0 it 08 AM EDT 7.36 PM ED Thu 24 2 08 AM EDT!3 3 it 8 40 AAI EDT/-0 0 it 2,34 PM EDT/3 3 It 9 06 Phi EDT 10 1 it 3,09 AM EDT 7.35 Ph1 ED Fri 25 2 55 AM EDT 131 ft 27 AM EDT/0 1 ft 3 22 PM EDT/3 2 ft 9 59 PM EDT/0 2 ft 10 AM ED 7:33 PPI ED Sat 26 3 43 ANI EDT 12.9 it 10 16 API EDT/0 3 fi 4,11 PM EDT 13 1 it. 10 52 PM EDT/0 4 11 AM ED 7:31 Phi ED Sun 27 '33 ALI EDT 12 6 it 1107 ANI EDT 10 4 fl 5:02 PM EDT 13 0 It 1148 PM EDT 10 5 V 12 Aid ED 7'30 PM ED Mon 28 5'27 AM EDT/2.5 It 12 00 PM EDT/0 6 it 5 56 PM EDT 12 9 it '13 AM EDT 7.28 Phi ED Tue 29 12 44 AM EDT/0 6!g24 AM EDT 12 3 It 12 55 PM EDT 10 7 fl 5 53 PM EDT/2 8 it First Quarte a 14 AAI ED 7-27 PM ED ed 3 11.40 AM EDT/0 6 it 17.24 AM EDT 12 3 it 1:50 Phi EDT 10 7 ft 7.49 Phi EDT 12.8 ft .15 AM EDT 7.25 PM ED Thu 31 34 AMEDT 106R '22 AM EDT 123It 243PMEDT/07ft 8AIPMEDT/28ft .16AMED .23 PM ED Figure 5. Tide levels for the South Jamesport Station, Great Peconic Bay. August - (iii) The size and nature of the body of water, Due to the large size and fetch of the Peconic Bay in this area, small manually powered 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 in deeper, open waters. The Peconic Estuary Program has discussed with the Town of Southold establishing a Blueway Trail along this section of the Peconic Bay for public use of manual powered kayaks and canoes. Both require little water depth to operate in. The proposed dock structure would impede the navigation of small watercraft close to shore resulting in a dangerous situation for children and other less experienced individuals. The small vessels are Page 16 of 18 susceptible to currents, winds and waves; capsize risk increases as the exposure to these factors increase. Dock structures force these types of user groups to navigate deeper waters by forcing them around the dock structure(s) due to the inability to travel under the dock structure during higher tide events. If additional docks are permitted in the area, the subsequent dock line increases the risk. (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. The proposed dock is not expected to impede navigation of motor driven vessels due to the shallow water depth in this area. 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. (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 and foreshore 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 Page 17 of 18 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 See discussion above in Policy 6.1 e. By potential adverse effects on public safety. See above comments. Policy 10. Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. As discussed, physical limitations on the placement and use of docks structures in Peconic Bay include shallow water depth, wave energy, storm surge and ice damage. Based on the above review, the proposed action does not meet the purpose of Chapter 268 Waterfront Consistency Review item C. (referenced below) of the Southold Town Code. The chapter was adopted under the authority of the Municipal Home Rule Law and the Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York (Article 42 of the Executive Law). C. It is the intention of the Town of Southold that the preservation, enhancement and utilization of the unique coastal area of the Town take place in a coordinated and comprehensive manner to ensure a proper balance between protection of natural resources and the need to accommodate limited population growth and economic development. Accordingly, this chapter is intended to achieve such a balance, permitting the beneficial use of coastal resources while preventing loss and degradation of living coastal resources and wildlife; diminution of open space areas or public access to the waterfront; disruption of natural coastal processes; impairment of scenic, cultural or historical resources, losses due to flooding, erosion and sedimentation; impairment of water quality; or permanent adverse changes to ecological systems. Alternatives to permanent, private, docks structures in Peconic Bay include temporary, seasonal mooring of boats in areas with adequate water depth 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. Page 18 of 18 OFFICE LOCATION: ®��of SU(/r�Olo MAILING ADDRESS: Town Hall Annex '` P.O. Box 1179 54375 State Route 25 Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) ros Southold, NY 11971 ® �@ Telephone: 631 765-1938 O�yCOUNTd,�� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: July 17, 2017 Re: Local Waterfront Revitalization Program Coastal Consistency Review for 100 PARK AVENUE CORP., c/o PAUL PAWLOWSKI SCTM# 1000-123-7-3 L. K. McLean Associates, P.C. on behalf of 100 PARK AVENUE CORP., c/o PAUL PAWLOWSKI requests a Wetland Permit to construct a proposed 4'x121.7' timber dock with a finished elevation of 4.50; construct a 4'x30' fixed lower platform parallel to the seaward end of dock using four (4) 10" diameter piles with a finished elevation of 2.50; and for two (2) additional 10" diameter mooring tie-off piles installed 12' off the lower platform; and non-treated wood will be used in the construction of the dock. Located: 100 Park Avenue, Mattituck. SCTM# 1000- 123-7-3 The LWRP Consistency forms received on May 9, 2017 and June 9, 2017 by the Planning Department are incomplete and deficient with no written analysis for the answers provided. 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: 1, 3, 4, 6.1, 6 3, 9.1, 9.3, and 10, and therefore is INCONSISTENT with the Local Waterfront Revitalization Plan. Page 1 of 19 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 answers below regarding the adverse effects of locating permanent, private dock structures in public waterbodies. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. The Peconic Bays comprise the most significant open space areas under Town control. The aesthetic impact of dock structures upon these areas is relative to one's viewpoint and perspective. However, studies have found that in general, aesthetic preferences are for open/distance water views, enhanced water access, historic or generic coastal development, water related development, and diverse, well maintained vegetation. It is important to recognize that docks impede and obstruct visual access of scenic vistas associated with open space from private and public abutting properties along the waterfront, including road ends. The future dock would be visible from the Maratooka Road end beach area. Studies have shown that the preservation of such visual access is important to private property owners. Correspondingly, social studies have repeatedly confirmed that interruptions of scenic view sheds are perceived as detrimental to the experience. The proposed dock structure and vessel would extend 124.5 feet into the water body interrupting scenic view sheds important to public and the community and does not preserve the scenic quality of open space, therefore, the action does not meet Policies 1 and 3. Further, the community character of Peconic Bay in this area is uninterrupted, sweeping views of the waterbody with one existing, permitted, dock structure that predates the adoption of the Chapter 275 rewrite and the LWRP in 2004. Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Waves that affect the Town shores are generated by local winds. Wind waves on the shoreline are determined by the fetch, wind characteristics, decay distance, and water depth. In general, increases in fetch, wind speed, and duration result in larger wind waves. Water depth, if shallow enough compared with the wave height and period, will affect wave characteristics, with wave breaking beginning when the wave height is roughly 80 percent of the water depth. The uninterrupted fetch in this location is six miles. Impacts from wind and waves on the proposed dock structure and vessel (note boat lifts are prohibited by Town regulations) are expected to result in frequent structural damage and loss. Major storm events could result in hazardous conditions threatening life and property due to the structures becoming a floating debris and or a projectile. This was the case with "Superstorm Sandy". Shoreline structures damaged and lost created a hazardous debris field above and under water following the storm. Page 2 of 19 The parcel shoreline is located within a Coastal High-Hazard Areas (V-zones) defined as areas with special flood hazards associated with high-velocity waters generated by tidal surges and hurricane wave wash (Figure 1). V-zones are located seaward of the A- zones and both zones are contained within the 100-year floodplain. The risk to dock structures within these areas should not be underestimated. As indicated, dock structures located within these areas together with the associated vessels have the potential to suffer high frequency of loss and pose real hazards to life and property during high wind and storm surge events. Town of Southold Coastal Erosion Hazard Area x; t, e.j VE Flood Zane Surface Waters .r� r L Tax Parcel - �LWRPReaches Subreach Boundary Points A `" _ - - : - :.,� ff •' - Map Prepared TownofSoWheIdGIS i- ,4,. ' August 13.?008 it ��•\ - ,�`�' ;fid- �•�' -.-;�,�;. Figure 1. Town of Southold VE Flood Zone Map (2008)with parcel area location (black circle). Policy 5.1. Protect and restore ecological quality throughout the Town of Southold. Town goals and policy and protect public and environmental values such as; public access and use, navigation, aesthetics and ecological value of Peconic Bay. Page 3 of 19 Peconic Bay is a National Estuary with high ecological significance.-The area where the dock structure is proposed is a designated NYSDOS Significant Coastal Fish and Wildlife Habitat North Fork Beach Complex NECAS—USFWS Northeast Coastal Areas Study Significant Coastal Habitat and a NYSDEC Critical Environmental Area. 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 (including from boat washing, fueling etc...) The LWRP categorizes three types of impairments to the ecological complexes and individual habitats of Southold, they include: Physical loss: Immediate physical loss of elements within ecological complexes is the most obvious impact and also may be referred to as a primary impact. Degradation: Degradation of elements within ecological complexes does not refer to the outright physical loss of these elements, but rather to a negative change in the quality of these elements, caused by factors within or adjacent to a complex. This degradation usually occurs over a more extended period of time than with a physical loss and also may be referred to as a secondary impact. Functional loss: Functional loss results not from major physical changes or even from changes in the basic quality of elements within a complex, but rather from inappropriate adjacent or internal uses (homes, marinas, various recreational uses) that are disruptive to certain species of animals and cause a change or shift in their activities. The three types of impairments have had, and continue to have, negative impacts on the Town's coast. The historic and current threats to the North Fork Beach Complex and Orient Island Complex include impacts to nesting birds and Northern diamondback terrapins due to human disturbances (basically, any activity within 150 feet within the vicinity of the nesting sites) during the nesting season. Such disturbances can lead to destruction of eggs and individuals as well as the seasonal or permanent abandonment of the site. Vegetation succession, resulting in the loss of bare sand for nesting, also is a factor in reducing the suitability of nesting beaches for terns and piping plovers. In addition to human activity that interferes with established nesting sites, the physical loss in habitat or potential nesting areas due to cumulative development that occurs along the shore-line is a recognized problem. This type of development also poses Page 4 of 19 threats to water quality and the sustainability of these waters for prey and predators alike. The long term survival of beach-nesting bird species, particularly piping plovers and roseate terns, requires full protection of current and recent historical nesting beaches. The identification, definition and protection of main feeding and nesting areas should be given high priority. Protection measures may include closing off beaches during the breeding and nesting season, fenced enclosures around specific areas, posting of signs against trespassing, predator and pet trapping, beach warden patrol and public education. Identification, delineation and protection of main feeding and nesting areas should be a high priority. Several sites may require restoration (through careful placement of dredge spoil and control of vegetation) to enhance their suitability as nesting sites. Ongoing and long-term protection of specific beach sites can be accomplished by a variety of management mechanisms, including reducing human intrusion, cooperative management and conservation agreements, conservation easements, land use regulation and acquisition. (LWRP 2005). In addition to the potentially adversely impacting wildlife, the construction of a dock structure and vessel use results in damage to submerged aquatic vegetation, degrades water quality through the re-suspension of sediments/turbidity and introduction of contaminants, and poses a disturbance to wildlife including the continuity of habitat along the foreshore. Impacts from construction practices also result from the use of equipment to construct docks. Most frequent impacts are compaction of vegetation and soils resulting from the use of equipment traversing and accessing the construction area and the installation of pilings in the water column using high pressure water pumps or"jets" in a method referred to as "jetting". Sea grass once occupied this section of Peconic Bay but has since vanished. However, it was found that once pilings are installed in an area where sea grass once occurred, the sea grass would not re-establish. Damage to the ecosystem from vessels operating in shallow water depth areas are a concern. Turbulence and prop dredging generated by vessel traffic significantly increase turbidity levels, impacts the substrate, shellfish and benthic organisms. High turbidity levels attenuate the sunlight necessary for photosynthetic processes responsible for the primary productivity and oxygen regeneration of the water. The suspended sediments settle on shellfish beds, smothering existing shellfish and altering the quality of the sand bottom essential for spat (mollusk larvae) settlement. Re- suspension of bottom sediments causes redistribution of sediments, alteration in sediment grain size distribution, changes in bottom topography relief, elevation and grade, including creation of depressions in the bottom. More detail on the ecological designations discussed above follow: NECAS — USFWS Northeast Coastal Areas Study Significant Coastal Habitats 1991. Page 5of19 In 1990, Congress appropriated $150,000 for the Fish and Wildlife Service (Service) to conduct a study that would identify those areas in Long Island in need of protection for fish and wildlife habitat and the preservation of natural diversity. The final product is a compendium and individual description of regionally significant habitats and habitat complexes in need of protection. The list of habitat areas was developed after extensive consultation with regional biologists in Federal and State governments and numerous conservation organizations and universities. Nevertheless, differences in interpretation may exist among regional biologists and land managers as to what constitutes "significance" or"importance" and to what extent an area may be viewed as needing protection. As used in this narrative, "significance" of a site or resource refers to its relative regional importance to one or more life history stages or seasonal use periods of Federal trust species For example, the presence of a population, regardless of size, of a U.S. Endangered or Threatened species, the occurrence of an exemplary and undisturbed stand of a regionally scarce community type, a large wintering concentration of waterfowl in numbers or densities considerably greater that what is generally encountered in the region, areas with a high diversity of trust species, a highly vulnerable breeding or spawning area of a fish or bird species that has been substantially reduced or qualitatively degraded from historical times, may all be considered "regionally significant" sites or resources. NYSDOS Significant Coastal Fish and Wildlife Habitats (SCFWH) NYS DOS Significant Coastal Fish and Wildlife Habitats data set consists of areas designated under the Waterfront Revitalization of Coastal Areas and Inland Waterways Act. These areas have been determined to be of statewide significance, based on a quantitative evaluation of a combination of ecological factors. These factors include whether the area serves one or more of the following functions: is essential to the survival of a large portion of a particular fish or wildlife population. Q supports populations of species which are endangered, threatened, or of special concern. ® supports populations having significant commercial, recreational, or educational value . • exemplifies a habitat type which is not commonly found in the state or in a coastal region. The US Fish and Wildlife Service identified two regionally significant ecological complexes within Southold (US Fish and Wildlife Service, 1991). The delineation of these ecological complexes in Southold is based on the information on ecological communities and habitat requirements of various species presented in the Department of State's Coastal Fish and Wildlife Habitat Rating Forms (DOS, 1987) and the Northeast Coastal Areas Study(US Fish and Wildlife Service, 1991). North Fork Beach Complex Page 6 of 19 Orient Point- Islands Complex,`_ The North Fork Beach Complex extends along the Peconic Bay shoreline from Jamesport (in the Town of Riverhead) to the Village of Greenport in the Town of Southold. It includes a narrow, linear complex of beaches, salt marshes, tidal creeks and nearshore baywaters. In most instances the space occupied by the habitats is quite narrow, rarely more than a few hundred feet wide, except for several tidal creeks and marshlands. Included in this complex are at least 22 individual areas of regional fish or wildlife significance that are in need of protection, management or enhancement. The significance of this complex is in its value, both actual and potential, as nesting, feeding, migration and recovery habitat for colonial beach nesting birds, principally the roseate tern, least tern, common tern and piping plover. The wetland habitat is important to Northern diamondback terrapins both as feeding and nesting areas. The complex also provides valuable feeding areas for ospreys and herons, while the creeks and baywaters are productive for finfish, shellfish and crustaceans. Although many of the individual habitat sites are small and separated from one another as a result of both natural and human-caused habitat fragmentation, the distances between these individual sites are not very great, and they can collectively be viewed as part of a single, functioning ecologically interrelated, linear shoreline system. It is essential to attempt maintain the full geographic and ecological continuum of these habitats in order to provide for the long term survival of these beach dependent species. Critical Environmental Areas The Peconic Bay and environs were designated Critical Environmental Areas (CEA) in 1989. To be designated as a CEA, an area must have an exceptional or unique character with respect to one or more of the following: a benefit or threat to human health; a natural setting (e.g., fish and wildlife habitat, forest and vegetation, open space and areas of important aesthetic or scenic quality); agricultural, social, cultural, historic, archaeological, recreational, or educational values; or an inherent ecological, geological or hydrological sensitivity to change that may be adversely affected by any change. 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 The proposed action proposed a boat lift and therefore, does not comply with Chapter 275. Wetlands and Shoreline ; Article II. Permits ; 275-11. Construction and operation standards. (2) C. [1] [i] which states: jL Residential boatlifts, floating or fixed, are prohibited, except in privately owned basins on private property at the discretion of the Board of Trustees. [Amended 12-18-2007 by L.L. No. 23-2007] Page 7of19 J The proposed�docks-structar is not located within a privately owned basin. Policy 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. 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 to certain levels. 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. The applicant retains no ownership rights to the public waters or bottomlands where the dock is proposed. Further, ample opportunities exist for public access, use and enjoyment of the Peconic Bay and other waterbodies. Throughout the Town, 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. Maratooka Road is located to the east of the parcel and provides access to public waters. 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, Page 8 of 19 structure, or facility on public interest in public lands under water. Use the following factors in assessing potential adverse impact. 1. Environmental impact, The ecological significance of this area of Peconic Bay is very high. Impacts to wildlife and marine species are expected with the physical loss and degradation of elements within ecological complexes and functional loss from use by the placement of a dock structure which have been found to be disruptive to certain fish species and cause a change or shift in their activities and behavior. Impacts to bottom sediments and benthic organisms are also expected to occur through the construction of the dock structure and operation of a vessel with an undetermined draft. The water depth where the dock is proposed is shallow with varying water depths and sandbar formations (migrating). 'v h f y - .r: Figure 2. Subject area showing shallow water depth and sand bars (migrating) Propeller scouring or scarring and turbidity from initial construction of the dock structure and vessel operation in this very shallow area of Peconic Bay is expected. Additionally, the disposal of sanitary waste onboard the vessel and washdown chemicals and has not been identified. Page 9 of 19 2. Values for natural resource management, public recreation, and Commerce, The values for natural resource management are high and catalogued through the ecological designations and the goals and policies of the ecological designations and the Peconic Estuary Program Comprehensive Conservation and Management Plan (CCMP); a blueprint to restore and protect the waters of the Peconic Bays. The CCMP promotes a holistic approach to improving and maintaining the estuary and its watershed. Priority management topics include Brown Tide, nutrients, habitat and living resources, pathogens, toxic pollutants, and critical lands protection. These six priority topics, together with the need for public education and outreach, form the basis for the CCMP action plans. The CCMP identifies a framework to address estuary-wide impacts of all kinds that can potentially result from the accumulation of localized changes to the system including Brown Tide, and small scale physical changes (i.e., propeller scour, addition of individual docks and piers) that cumulatively, can have reverberating effects throughout the Peconic ecosystem. The Peconic Bay, a public waterbody, provides a high level of public recreation and commerce (aquaculture, fishing, clamming) opportunities. 3. Size, character, and effect of the transfer in relation to neighboring uses, The proposed dock references an historic dock structure to the west of the subject parcel that received a permit in 1997 prior to current Chapter 275 Wetlands and Shoreline regulations and adoption of the LWRP in 2004. 4. Potential for interference with navigation, public uses of waterway, and riparian rights, Riparian rights: 1. Are appurtenant to and arise from the proximity of the land to the water. 2. A riparian owner has no direct property interest in either the adjacent water or underwater lands, but merely the right to use such water and land. A riparian owner has the right of access to navigable waters for navigation, fishing and other uses, exercised in a reasonable manner. Temporary, seasonal vessel moorings are available to the applicant to access and use public waters. The proposed dock structure would impede navigation of small manual powered 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. The construction of a permanent, dock structure in public waters removes and or hinders the public use waters and bottomlands of where the dock Page 10 of 19 structure is located. Public use in the area under and around the dock would be diminished. 5. Effect of the transfer of interest on the natural resources associated with the lands, The dock structure would transfer the interest of the public to utilize the area where the dock structure would occupy, effectively reducing the ability of the public to access the area. 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). Alternative water access points are available Town wide. 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 any commercial uses that occur in Peconic Bay. 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 the beach and the nearshore area. Policy 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. The proposal would obstruct and/or reduce the public use of the beach area and could hinder or obstruct public access along the beach. From the bottom of the stair to the beginning of the dock 15' is proposed where no structure would occur. This area currently has 82' of unimpeded beach from the bottom of the stair to apparent mean low water. The proposed dock structure would occupy approximately 76' from the apparent mean low water mark landward over the beach and all of the beach seaward of the apparent high water mark. Page 11 of 19 Throughout Peconic Bay and Gardiners Bay (Reaches 5 through 9) two hundred and forty five (245) public and quasi-public access points have been established to allow for public access to the foreshore and nearshore (navigable)waters. These public access points include; public and private marinas; park district, town and state boat launch facilities; town and state road ends and private parks and road ends. Currently, there are approximately forty (40) public and private marinas and nineteen (19) boat launch facilities available to the public to gain access to Peconic Bay and Gardiners Bay. Public access-can also be gained by utilizing numerous rights-of-way at the end of public roads. This is an effective means of gaining access to the public trust lands along the foreshore. In addition to public road ends, certain residents can access water bodies via properties owned by the Mattituck Park District in the Town of Southold. The Park Districts are supported through tax levies and the use of their respective facilities is restricted to the residents of each particular District. The Park Districts have developed to serve the recreational needs of local area communities and have generally been oriented toward providing beach areas and waterfront activities. 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. Page 12 of 19 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 action is not expected to interfere with commercial navigation. b. To the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (f) The extent of the use's dependence on access to navigable waters, The use is a private residence and the applicant currently enjoys access to navigable waters from the property. Numerous facilities are available throughout Town to gain access to navigable waters for recreational boating from various locations. (fi) The range of tidal water level fluctuation, Water depths have been provided, however, it is unknown what tide they have been calibrated too. The tidal range in this area fluctuates depending on several factors (lunar, wind direction). The difference between average high water and average low water as shown on the plans is 1'. The water depth at the dock terminus is shown as -3.86' to -3.88' (undefined) respectively. It is important to note that Mobilegraphics tide information shows a tidal fluctuation greater than 3'+from high to low tides using Page 13 of 19 a random date of May 12, 2017 and the South Jamesport, Riverhead station located to the west of the property. The greatest difference in tidal fluctuation is closer to the new moon lunar cycle where the level of tide falls up to 3.6' from high tide (Saturday June 24, 2017 AM). Based on the tidal regime the threat of damage to bottom sediments and benthic organisms from a future vessel is moderate to high (depending on draft and vessel use timeframes). The tidal fluctuation at the South Jamesport station for May, June and July information are provided below. May 2017 Day High Low High Low High Moon Sunrise Sunset on 1 4 20 AM EDT/3 5 it 11:16 AM EDT/-0 2 f 506 PM EDT/2 7 it 1131 PM EDT/0.3 fi 5 48 AM ED :47 PM ED ue 2 5.24 AM EDT/3 2 ft 12 17 PM EDT/-0 0 fi 6 14 PM EDT 12 7 ft First Quartai 5 46 AM EDT 7.48 PM ED ed 3 12 37 AM EDT/0 4 ft 6 33 AM EDT/3 0 ft 1 18 PM EDT/0 1 ft 7 23 PM EDT/2 7 it -45 AM EDT 7.49 PM ED u 4 143 AM EDT 10 4 ft -44 AM EDT/F8-ft -16 PM EDT/01 it 128 PM EDT/2 8 ft -44 AM EDT 7 50 PM ED ri 6 E38AM AM EDT/0 3 ft 8 50 AM EDT/2.7 ftk42PM M EDT/0 2 ft -25 PM EDT/2 9 ft -43 AM ED .51 PM ED t 6 AM EDT/0 2 ft 9 49 AM EDT/2 7 ftM EDT/D 2 ft 10 14 PM EDT/3 0 :42 AM ED 52 PM ED un 7 AM EDT!0.1 ft 10 38 AM EDT/2 7M EDT/0 2 ft 10 56 PM EDT/31 40 AM ED .53 PM ED on 8 AM EDT/0 1 tt 1120 AM EDT 12 6M EDT/0 2 tt 1133 PM EDT/3 2 39 AM ED .54 PM ED ue 9 AM EDT I 0 Oft 11 59 AM EDT/2 6M EDT/0 3 ft .38 AM ED 55 PM ED ed 1 12 09 AM EDTAM EDT 10.0 ft 12 35 PM EDT/2 6M EDT/0 3 ft Full Moon 37 AM ED .56 PM ED u 11 12.44 AM EDT AM EDT I 0 1 ft 1.12 PM EDT/2.6 ftM EDT!0 4 ft 5 36 AM ED 57 PM ED ri 12 1.20 AM EDT 13 AM EDT/0.1 ft 1 49 PM EDT!2.6 ftM EDT!0 5 ft 35 AM ED 7 58 PM ED at 13 156 AM EDT/ AM EDT I 0 1 ft 30 PM EDT/2 5 ftM EDT/0 6 ft .34 AM ED 59 PM ED un 14 .34 AM EDT/ AM EDT I 0 2 ft 312 PM EDT/2 5 ftM EDT I0 7 ft -33 AM ED 00 PM EDon15 14AM EDT/ 5 AM EDT/0 3 ft 58 PM EDT/2 4 ftPM EDT 10.8 5-32 AM ED 01 PM Epe18 57AMEDT/29ft 11:14AMEDT/04ft 47PMEDT/24ft PM EDT/09 11 5.31 AM ED 802 PM ED ed 1 -46 AM EDT 12 8 ft 12 04 PM EDT/0 4 ft 5 41 PM EDT 12 4 ft 15.30 AM EDT 8 03 PM ED u 18 12 22 AM EDT 10 9 ft 5 41 AM EDT/2 7 it 12 55 PM EDT/0 4 fi 5-35 PM EDT 12 5 ft Last Quarted5 29 AM EDT 8 04 PM ED ri 19 1 19 AM EDT/0 8 It 6 40 AM EDT!2 7 ft 145 PM EDT/0 4 ft -29 PM EDT/2 7 ft 15 28 AM EDT 8 05 PM ED at 20 2 13 AM EDT/0.6 ft 7 40 AM EDT 12 7 ft 2.33 PM EDT/0 3 ft 321 PM EDT/2 9 ft 5 28 AM EDT 8.06 PM ED un 21 06 AM EDT/0 4 ft 38 AM EDT/2 8 ft 320PMEDT102ft. .10 PM EDT/3 2 ft 5 27 AM EDT 8 07 PM ED on 22 3 57 AM EDT 10.2 ft 9 33 AM EDT 12 9 ft 06 PM EDT/0.1 it 19 59 PM EDT 13 5 ft 5 26 AM EDT 8 08 PM ED ue 23 4 46 AM EDT/-0 1 ft 10 25 AM EDT/3 0 ft .53 PM EDT/-0.0 ft 10 47 PM EDT 13 8 fl 5 25 AM ED 08 PM EDTI ed 24 5 36 AM EDT 1-0 3 ft 11 17 AM EDT/31 ft 40 PM EDT I-01 ft 1135 PM EDT 14 Ofi 5 25 AM ED8 09 PM ED u 266 25 AM EDT/-0 5 it 12 08 PM EDT/3.1 ft -29 PM EDT/-01 ft New Moon 5 24 AM ED 8 10 PM ED ri26 12 25AM EDT/4.1 W 16AMEDT/-06ft_101 PM EDT/31ft 20 PMEDT!-01ft 5 23 AM ED -11 PM ED et 27 1 16 AM EDT/4 1 ft 08 AM EDT 1-0 6 ft 154 PM EDT/3 1 ft 13 PM EDT/-O 1 ft 5 23 AM ED 12 PM ED un26 09AMEDT/40ft 02AMEDT/-05ft 250PMEDT/30ft 9.10 PMEDT/00ft 522 AM ED B13PMEDT on 29 04 AM EDT 13 8 ft 57 AM EDT/-0 3 ft 13 48 PM EDT/2 9 ft 10 10 PM EDT/0 2 4 5 22 AM ED 8 13 PM ED ue 30 03 AM EDT/3 5 it 110 54 AM EDT/-0 2 50 PM EDT 12.9 ft 11 13 PM EDT 10 3 521 AM ED 14 PM ED Figure 2. Tide levels for the South Jamesport Station, Great Peconic Bay: May Page 14 of 19 June 2017 Day High Low High Low High Moon Sunrise Sunset Thu 1- - 12 18 AM EDT/0.4 ft 11 AM EDT/2 9 ft 12 50 PM EDT 101 59 PM EDT/2 9 ft First Quartei 520 AM E07 3 16 PM ED Fri2 122 AM EDT 104it 719AMEDT/27ft 146PMEDT/02ft 01PMEDTl29ft 520 AM EDT 3 16 PM ED ata 2 23 AMEDT 104ft 23AMEDT/26ft 39PMEDT/03ft 57PMEDT/30ft _5.IQAMED7317PMEDI Sun 3 20 AM EDT l03ft 21AMEDT/25ft 29PMEDT/03ft 45PMEDT/31ft 5.19AMEDTIIBPMEDI ons 11AMEDT103ft 1010AMEDT/25 15PMEDT104ft 1027PMEDT/31fl 519AMEDTIBIBPMEDI ue6 58AMEDT/02ft 1053 AM EDT/25 59 I'M EDT 104it 1105 PM EDT/32 P 518 AM ED 19 PM ED ad 41 AM EDT 102ft 1132 AM EDT/25 41 I'M EDT/04it 11'41 PM EDT/32 18 AM ED 20 PM ED u8 22 AMEDT/01ft 1209 PM EDT l2.6 22 PMEDT/04it 518 AM ED 20 PM ED _- r19 1217AMEDT/33 03AMEDTl01ft 1246 PM EDT/2.5 03 PM EDT/05ft Full Moon 17AMED 21 PM ED at10 1252 AM EDT/3.3 .44 AM EDT 101ft 125 PM EDT/25ft .45PMEDT/05ft 17 AM ED 21 PM ED un 110.28 AM EDT/32ft 26 AM EDT 101it 205 PM EDT/26ft 28 PM EDT 106ft 517 AM ED 22 PM ED on 12 D6 AM EDT/32ft 9 10 AMEDT 102it 246 PM EDT/2.6it 14 PMEDT/07ft 517 AM ED 22 PM ED ue13 245AMEDT/31ft 9 54 AMEDT/02It 330 PM EDT/26ft 1003 PM EDT 108 fi 5.17 AM ED 23 PM ED ed 14 3 28 AMEDT/30it 1040 AM EDT l03ft 4 16 PM EDT/26ft 1054 PM EDT/08 11 5,17 AM ED 23 PM ED u16 4 15 AMEDT/29it 1128 AM EDT/04it505 PM EDT/26ft 1149 PM EDT/DB fi 517AMED 24 PM ED x118 07 AM EDT/2 8 ft 1216 PM EDT/0 4 ft 5 57 PM EDT/2.7 ft 5.17 AM ED 24 PM ED t17 12 46 AM EDT/0 7 it 6 04 AM EDT/2 7 ft 106 PM EDT/0 4 it 6 51 PM EDT!2 9 ft Last Quartof 5 17 AM ED 24 PM ED un18 142 AM EDT l06ft 7 05 AMEDT/27ft 155 PM EDT/04ft 7 45 PM EDT 131ft 5.17 AM ED 25 PM ED on 19 38 AM EDT l04it 806 AMEDT/2.7it45PMEDT/03ft 8 38 PM EDT/34ft 10AMED 25 PM ED e20 3 32 AM EDT 101 ft 9.05 AM EDT/2.7 it 35 PM EDT!0 2 ft 31 PM EDT/3 6 ft 18 AM ED 25 PM ED ed 21 24 AM EDT 1-01ft 1001 AM EDT/28 26 PM EDT 101 it 1023 PM EDT/38 18 AM ED 25 PM ED u22 16 AM EDT I-03ft 1056 AM EDT/29 -16PMEDT/-00ftll:15PMEDT140 18AMED 25 PM ED x123 07 AM EDT!-04ft 1150 AM EDT 130 08 PM EDT/-01ft New Moon 1BAMED 26 PM ED t24 12 08 AM EDT 14 1 58 AM EDT!-0 5 ft 12A3 PM EDT/31 02 PM EDT 1-0 1 ft 19 AM ED 26 PM ED un25100AMEDT 140it 49 AMEDT/-05ft 137 PMEDT/3.1ft .56 PMEDT 1-01ft 519AMED 26 PM ED on 26 53 AM EDT/3 9 ft 41 AM EDT 1-0.4 it 232 PM EDT/31 it 853 PM EDT/0011: 519 AM ED 26 PM ED ue27 48AMEDT/37ft 34AMEDT/-03ft 328PMEDT/30ft 51PMEDT/D1ft 520 AM ED 26 PM ED ed2 44 AM EDT/34ft 1028 AM EDT 1-0 111426 PM EDT/3.Oft 1052 PM EDT/03 It 5.20 AM ED 26 PM ED u29 43 AM EDT/310 1123 AM EDT/0 Oft 526 PM EDT/3.Oft 1153 PM EDT/04 21 AM ED 26 PM ED ri 30 43 AM EDT/2 8 ft 12 18 PM EDT 102 ft 27 PM EDT/2 Oft First Quarte 71 AM ED 26 PM ED Figure 3. Tide levels for the South Jamesport Station, Great Peconic Bay. June Page 15 of 19 July 2017 Day High Low High Low High Moon Sunrise Sunset - Sat 1 2 55 AM EDT/0 4 '46 AM EDT/2 6 ft 1.13 PM EDT!0 3 ft 26 PM EDT/2.9 ft 22 AM ED 2 PM Eo Sunt 55 AMEDT/05ft 48AMEDT/2.4ft 06PMEDTf04ft 822PMEDTl30ft 22 AM ED 25 PM ED on 3 51 AM EDT/04 ft 45 AM EDT!2 4 ft 56 PM EDT!0 4 ft 912 PM EDT 13 0 ft 23 AM ED 8.25 PM ED ue 4 42 AM EDT 10.4 ft 37 AM EDT/2 3 ft 44 PM EDT/0 5 ft 55 PM EDT/31 ft23 AM ED 25 PM ED ed 5 30 AM EDT 10 3 it 10 22 AM EDT/2 3 9 P 2M EDT 105 ft 1035 PM EDT/3 1 24 AM ED 8 25 PM ED Thu 6 14 AM EDT 10 3 it 1103A EDT 12.4 13 PM EDT!0 5 ft 11.13 PM EDT!3 2 24 AM ED 24 PM ED ri 7 56 AM EDT/0 2 ft 1142 AM EDT/2 5 55 PM EDT 10 5 ft 11 50 PM EDT!3 2 25 AM ED 24 PM ED Sat 8 37 AM EDT/0.1 it 12 20 PM EDT/2 5 37 PM EDT f 0 5 ft 26 AM ED 24 PM ED Full Moon '27 AM ED '23 PM ED Sun 9 12.26 AM EDT 13 3 '18 AM EDT I 0 1 ft 12 59 PM EDT 12 6 '20 PM EDT!0 5 ft __ _ _ 27 AM ED '23 PM ED Mon 101 04 AM EDT 13 3 ft I I—'EDT I O I ft 1 38 PM EDT l 2 6 ft 03 PM EDT/0 5 ft -28 AM ED 22 PM ED Tue 11 1 42 AM EDT/3 2 ft 40 AM EDT/01 ft 18 PM EDT/2 7 ft 47 PM EDT 10 6 ft 29 AM ED 22 PM ED ed 1 2 21 AM EDT!3 2 ft 23 AM EDT 10.1 it OO PM EDT 12 7 ft 934PMEDT106ft •29 AM ED 21 PM ED Thu 13 3 03 AM EDT/31 ft 10 07 AM EDT 10 2 44 PM EDT 12 8ft 10 25 PM EDT/0 6 t30 AM ED 8:21 PM ED 614 349AMEDT130ft 1052 AM EDT/03 31 PMEDT/29ft 11 19PMEDT106f 31 AM ED 20 PM ED Sat16 40AMEDT/28ft 1140AMEDT103 22PMEDT/30ft Sun 16 12 16 AM EDT 10 6 '36 AM EDT/2711 12 30 PM EDT/0 4 617 PM EDT!3.1 ft Last Quarte 32 AM ED 20 PM ED on 1 14AM EDT/0 1,ft 37 AM EDT/2, 122 PM EDTl04ft .14 PMEDTl32ft •33 AM ED '19 PM ED ue18 13AMEDT I03ft 40 AMEDTl26ft 17 PMEDT103ft 812 PMEDTf34ft 33 AM ED :18 PM ED ed1 09AMEDT/01it 43AMEDT/26ft 311PMEDT/02ft 910 PMEDT136ft 35 ED -17 PM ED u20 04AMEDT/-00ft .43AMEDT127ft 05PMEDT/01 1006 PM EDT 137 d49 57AMEDTI-02ft1040AMEDT/28 59 PMEDT/OOft 1100 PM EDTl38 36 AM ED 16 PM ED Sat 22 49 AM EDT/-0 3 ft 11 34 AM EDT/2 9 553 PM EDT 1-01 ft 11 54 PM EDT f 3 9 New Moon 38 AM ED 14 PM Ep un 23 39 AM EDT/-0 4 ft 12 28 PM EDT/3 0 47 PM EDT 1-0.1 ft :gg AM ED .13 PM ED on 12 46 AM EDT, 8 29 AM EDT I-0 4 ft 1'20 PM EDT 131 ft 40 PM EDT 1-0 1 ft 40 AM ED '13 PM ED us 25 138 AM EDT!3.7 ft 319; EDT/-0.3 ft 11 PM EDT/3 2 it 8 35 PM EDT!-0 0 ft 41 AM ED 12 PM ED ed 2 29 AM EDT/3 5 ft 08 AM EDT/-0 2 ft 03 PM EDT 131 ft 30 PM EDT 101 ft -41 AM ED -11 PM ED u 27 21 AM EDT/3 2 it 359AM EDT/-01 ft %PM EDT 131 ft 10 27 PM EDT 10 2 •42 AM ED 10 PM ED n 28 15 AM EDT!3 0 ft 10 51 AM EDT 101 51 PM EDT/3 0 ft 11'24 PM EDT/0 4 43 AM ED 09 PM ED Sat 29 510 AM EDT 12 7 it 1.43 AM EDT 10.3 .47 PM EDT!3 0 ft Sun 30 .1223 AM EDT 10 5 07 AM EDT/2 5 ft 12 37 PM EDT 10 4 44 PM EDT/2 9 ft First l7uarie '44 AM ED 08 PM ED Figure 4. Tide levels for the South Jamesport Station, Great Peconic Bay: July Page 16 of 19 August 2017 Day High low High Low High Moon Sunrise Sunset ue1 17AMEDT/05ft 8.05 AM EDT/23ft-2 23 PMEDT/06ft 832 PM EDT/29ft 5 46 AM EDT 8 05 PM ED Wed 2 3 10 AM EDT/0 5 it 9.00 AM EDT 12.3 It 3.13 PM EDT/0 6 ft 9 20 PM EDT/2 9 ft 5.47 AM EDT 8 04 PM ED u3 3 58 AMEDT/04it 949AMEDT/23ft 01PMEDT/06ft 1004 PM EDT I30 fl 5 48 AM EDT 803 PM ED Fri4 4,44 AM EDT/03ft 1033 AM EDT/24 114 46 PMEDT/05ft 10.44 PM EDT/3 111 5 49 AM EDT 8 02 PM ED Sat 5 27 AM EDT/0 2 It 11:14 AM EDT/2 5L8*21 M EDT 10.5 it 1122 PM EDT 13 2 50 AM ED 01 PM ED Sun 6 08 AM EDT/0 2 ft 1152 AM EDT/2 6M EDT 10 4 ft .51 AM ED 00 PM ED Mon 7 12 01 AM EDT/3 2 48 AM EDT/0.1 ft 12 31 PM EDT/2 7M EDT/0 4 ft Full Moon 52 AM ED .58 PM EDT ue 8 12 39 AM EDT 13 3 29 AM EDT/0 1 ft 1.09 PM EDT/2.9 ftM EDT 10.4 ft 53 AM ED 57 PM ED Wed 9 1 18 AM EDT/3 3 ft 09 AM EDT/0 1 ft 1.48 PM EDT/3 0 ftM EDT/0 3 ft 54 AM ED 56 PMEDu 10 159 AM EDT 13.3 ft 50 AM EDT/0 1 ft -29 PM EDT/3 0 ftM EDT 10 3 ft 55 AM ED 55 PM ED Frill 41 AM EDT/3 2 ft 32 AM EDT/0 2 ft 3-12 PM EDT/31 ft .58 PM EDT/0 3 ft -56 AM EDT 7 53 PM EDTI Sat 12 3.27 AM EDT 13.0ft 1017 AM EDT 103 fi 3.59 PM EDT 132ft 1051 PM EDT/04 JI 57 AM EDT 7 52 PM ED Sun 13 -18 AM EDT 12 9 it 1106 AM EDT 10 3 il 4 51 PM EDT 13 2 it 11:49 PM EDT]0 4 11 58 AM EDT 7 51 PM ED Mon 14514AM EDT/2 7 ft 1159 AM EDT/0.4 115,48 PM EDT/3 3 it last Quarte 59 AM EDT 7.49 PM ED Tue 16 12 50 AM EDT/0 3 :17 AM EDT/2.6 it 12.56 PM EDT/0 4 fS 49 PM EDT/3 3 it 00 AM EDT 7.48 PM ED Wed 16 1 50 AM EDT I 0 3 ft 23 AM EDT/2 6 ft 1.56 PM EDT I 0 4 ft 52 PM EDT 13 4 ft 01 AM EDT 7 46 PM ED u17 50AMEDT/02ft 828AMEDT/26ft 255PMEDT/0.3ft 54PMEDT/35ft 02 AM ED -45 PM ED Fri 18 46AMEDT/00ft 9.30AMEDT/27ft .52PMEDT/02ft 954PMEDT/36ftl 03 AM EDT 7 44 PM EDTI Sat 19 40 AM EDT/-01 ft 10 28 AM EDT/2 8 47 PM EDT/01 ft 1049PMEDT136f 04 AM EDT 7 42 PM ED Sun 20 -30 AM EDT/-0 2 it 1121 AM EDT/3 0 115 41 PM EDT/-0 0 ft 11-42 PM EDT 13 6 f .05 AM EDT 7.41 PM ED Mon 21 19 AM EDT/-0 2 ft 1211 PM EDT/3.1 -33 PM EDT/-0 1 ft New Moon .06 AM ED 39 PM ED ue 22 12 32 AM EDT 13 6 07 AM EDT/-0 2 ft 1.00 PM EDT 13 2 ft 7 24 PM EDT/-0.1 ft 07 AM EDT 7 38 PM ED Wed 2Z 121 AM EDT 13 5 It 7 53 AM EDT/-01 it 147 PM EDT/3 3 it 8 15 PM EDT/-0.0 it 08 AM EDT 7.36 PM ED Thu 24 2 08 AM EDT/3.3 It 840AM EDT/-0 Oft 2.34 PM EDT/3 3 it 9.06 PM EDT/0.1 it .09 AM EDT 7.35 PM ED Fn 25 -55 AM EDT/3.1 ft 27 AM EDT/0 1 ft -22 PM EDT 13 2 ft 59 PM EDT/0 2 ft -10 AM EDT 7 33 PM ED Sat 26 3:43 AM EDT 12 9 ft 1016 AM EDT/0.3 114 11 PM EDT 13 1 it 10.52 PM EDT/0 4 11 -11 AM ED -31 PM ED Sun 27 4 33 AM EDT/2.6 it 1107 AM EDT/0.4 It 5.02 PM EDT/3 0 it 11.48 PM EDT/0 5 V .12 AM EDT 7.30 PM ED Mon 28 27 AM EDT/2 5 it 12 00 PM EDT/0 6 It 5,56 PM EDT 12 9 It 13 AM EDT 7 28 PM EDT ue 29 112 44 AM EDT/0.6 gp 24 AM EDT/2 3 it 112 55 PM EDT 10 7 It 6.53 PM EDT/2 8 ft First Quarte 14 AM EDT 7.27 PM ED Wed 3q 1140 AM EDT/0 6 it .24 AM EDT 12 3 It 1150 PM EDT/0 7 it V 49 PM EDT/2 8 it -15 AM EDT 7 25 PM ED u 311 k 34 AMEDT/06ft 0.22 AM EDT/23ft P 43 PM EDT I07ft 0 41 PMEDT/28ft 16 AM ED 23 PM ED Figure 5. Tide levels for the South Jamesport Station, Great Peconic Bay. August (iii) The size and nature of the body of water, Due to the large size and fetch of the Peconic Bay in this area, small manually powered 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 in deeper, open waters The Peconic Estuary Program has discussed with the Town of Southold establishing a Blueway Trail along this section of the Peconic Bay for public use of manual powered kayaks and canoes. Both require little water depth to operate in. The proposed dock structure would impede the navigation of small watercraft close to shore resulting in a dangerous situation for children and other less experienced individuals. The small vessels are Page 17 of 19 susceptible to currents, winds and waves; capsize risk increases as the exposure to these factors increase. Dock structures force these types of user groups to navigate deeper waters by forcing them around the dock structure(s) due to the inability to travel under the dock structure during higher tide events. If additional docks are permitted in the area, the subsequent dock line increases the risk. (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. The proposed dock is not expected to impede navigation of motor driven vessels due to the shallow water depth in this area. 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. (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 and foreshore 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 Page 18 of 19 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 See discussion above in Policy 6.1 e. By potential adverse effects on public safety. See above comments. Policy 10. Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. As discussed, physical limitations on the placement and use of docks structures in Peconic Bay include shallow water depth, wave energy, storm surge and ice damage. Based on the above review, the proposed action does not meet the purpose of Chapter 268 Waterfront Consistency Review item C. (referenced below) of the Southold Town Code. The chapter was adopted under the authority of the Municipal Home Rule Law and the Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York (Article 42 of the Executive Law). C. It is the intention of the Town of Southold that the preservation, enhancement and utilization of the unique coastal area of the Town take place in a coordinated and comprehensive manner to ensure a proper balance between protection of natural resources and the need to accommodate limited population growth and economic development. Accordingly, this chapter is intended to achieve such a balance, permitting the beneficial use of coastal resources while preventing loss and degradation of living coastal resources and wildlife; diminution of open space areas or public access to the waterfront; disruption of natural coastal processes; impairment of scenic, cultural or historical resources; losses due to flooding, erosion and sedimentation; impairment of water quality, or permanent adverse changes to ecological systems. Alternatives to permanent, private, docks structures in Peconic Bay include temporary, seasonal mooring of boats in areas with adequate water depth 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. Page 19 of 19 10 LWRP GENERAL POLICIES IN RELATION TO RESIDENTIAL DOCKS TOWN TRUSTEE CHECKLIST: Town Trustee Review of LWRP Consistency Review for L. K. McLean Associates, P.C. on behalf of 100 Park Avenue Corp., c/o Paul Pawlowski Proposed Situated at SCTM# 1000-123-7-3 POLICY 1: "C" /"IC"/ ?/ NA/ Elaborate Degree Of Enhances community character NA In dock area contributing to community character NA Community dock possible to preserve open space NA Makes efficient use of infrastructure NA Makes beneficial use of a coastal location IC Minimizes adverse effects of development IC -POLICY 2: Dock itself a historic resource of local/national import NA Dock to be located area with history of docks IC limited dock area Pre "Sandy" POLICY 3: Located in area where docks dominate certain views No Located in area where dock will extend beyond pier line No established pier line Located in area with formal scenic protections No Located in area/adjacent to "known scenic area" Yes Great Peconic Bay POLICY 4: Minimize loss of life from flooding/erosion IC w/serious concerns Unsafe area to board/disembark from vessels IC Meets USACE navigation "1/3" rule C In area suitable for emergency response/"safe harbor" No i POLICY 9: Provides public access NA Increases total access for boats/aquaculture in Town from favorable zoning provisions (two boat other than owner/aquaculture) NA Minimizes or prevents loss of riparian access Yes Minimizes loss of public recreation Yes POLICY 10: Protects water-dependent (WD) uses Yes Siting promotes new WD uses No WD use siting in suitable location No Provide access for licensed baymen No POLICY 11: Promotes sustainable use of living marine resources No Possible shellfish aquaculture/baymen access No POLICY 12: Protect agricultural lands NA POLICY 13: Promote appropriate mineral/energy use NA 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) No policies enumerated above as "IC" appear to be able to be returned to consistency with standard modifications to the proposed structure. Scaled/sited to minimize loss of structure from flooding IC Scaled/sited to minimize loss of structure from erosion IC Located in area where loss likely from ice/wind/wave IC Minimizes loss of natural resources from flooding and erosion IC POLICY 5: Protects & improves water quality (WQ) IC Constructed to Chapter 275 & general practice Yes Dock in still-water area where 100% nontoxic needed No Siting allowing hanging filter feeders/aquaculture No Water service to dock impacting water supply No Located in area where vessel wastewater control needed Yes POLICY 6: Protects/restores ecosystem quality &function NA Located in officially designated CEA/Vital area Yes Area known to Trustees to contain protected species No Area of suspected protected species w/study needed No POLICY 7: Air quality (generally N/A) NA POLICY 8: Minimize environmental degradation from solid wastes NA Minimize environmental degradation from hazardous waste NA Stillwater area where bilge wastes an issue NA Additional toxic bottom paint controls needed NA Additional vessel wastewater controls/ban needed Yes I i 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) CONSIDERATIONS: 1) Are any "Inconsistencies" so substantial in relation to policies to preclude effectively mitigating to "Consistency." Is additional information needed? Policy#1 Site does not make beneficial use of a coastal site insofar as potential hazards associated with the site preclude most beneficial uses attributed to docks. Policy# 1 Site may adversely affect coastal development by establishing dock(s) in an area(s) potentially unsafe for most ordinary dock uses. Policy#2 Proposed dock is in an area of few docks that are infrequently used and where no new Chapter 275 permits have been issued since Tropical Storm "Sandy" Policy#4 Proposed siting has 180 degrees of uninterrupted wind fetch exposure of six miles and up to seven miles along the coastline from the prevailing wind SW direction of the boating season with the very real potential for unattended vessels becoming_distressed and leaking fuel/sewage. Policy#4 Wind driven wave action, tidal action and flooding during during modest breezes and storm conditions potentially making vessel operations hazardous to life and limb on approaches to the dock or in attempting to secure a vessel thereto. Policy#4 Facility cannot be scaled/designed with standard and allowed dock construction to reduce potential hazards from wind and wave. Prudent mariners likely to leave on calm day and not being able to dock safely on return. Policy#4 Potentially severe damage from wind and ice exists for Great Peconic Bay siting. Policy#4 Potential for fuel or sewage release due to siting puts natural resources at risk. No additional information appears to be needed at this time. 2) Do inconsistencies substantiate denial of the riparian right to wharf out? Southold Town Trustee members with substantial experience in vessel operations, vessel and personal safety on the water, fire and emergency rescue operations on the water and environmental protection are of the opinion, experience and belief that the proposed dock and associated siting is imprudent and potentially hazardous to boaters, first responders and the environment for which no remedy is foreseen or known to them for the proposed dock under its current configuration. Accordingly, the aforementioned inconsistencies from the Town's coastal policy, outweigh the benefits associated with the landowners individual riparian right to wharf out. Additional Discussion: I i • r Prepared by: 0 Date: l9 1 v�/--e es cc: William Duffy, Town Attorney Mark Terry, LWRP Coordinator D [� ��fl � E Town of Southold JUN ® 9 2011 ILWRP CONSISTENCY ASSESSMENT FORM SOUth01d Town Planning Board A. INSTRUCTIONS 1. All applicants for pennits* 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 signifucant 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 boon 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# 1000 - 123-07 - 03 . 00 PROJECT NAME 100 Park Avenue The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees El 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: 0 Nature and extent of action: The proposed action is to construct a dock on the property located at 100 Park Avenue in Mattituck Location of action:_ 100 Park Avenue, Mattituck NY, 11952 Site acreage: 1 . 70 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: Paul Pawlowski (b) Mailing address: P.O. Box 783 , Mattituck, NY 11952 (c) Telephone number: Area Code( ) 6 31-4 4 5-4 3 4 8 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No El 'if yes,which state or federal agency? 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. 0 Yes ❑ No ❑ Not Applicable As stated earlier, the proposed dock would follow others in the same area that were given approval by the same Town & State agencies . 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 El 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 Q Not Applicable 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 0 Not Applicable 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 m No ❑Not Applicable 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. ❑ ❑ 0 Yes No Not Applicable 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 0 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 0 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. ❑ Yep=1 No❑ Not Applicable 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 Q 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 0 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 0 Not Applicable PREPARED BY Christopher F. Dwyer TITLE Associate DATE 4/12/17 Town of Southold D C n n LWRP CONSISTENCY ASSESSMENT FORM U MAY ® 9 2017 A. INSTRUCTIONS Southold Town 1. All applicants for permits* including Town of Southold agencies, shall I ' 9 AF 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). 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 eUlained 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# 1000 - 123-07 - 03 . 00 PROJECT NAME 100 Park Avenue The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 0 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: The proposed action is to construct a dock on the property located at 100 Park Avenue in Mattitluc,k d L. K. McLean Associates, P.C. Y PROJECT DESCRIPTION: The applicant is proposing to construct 124.5 long by 10' wide timber dock structure (single vessel) into the Peconic Bay at 100 Park Avenue in Mattituck,NY (SCTM# 1000-123-07-03). A similar permitted dock exists on the property directly to the west of the applicant's property. The proposed single dock structure would be constructed at a finished elevation (timber decking) of 4.00 that would extend from the existing shore (el 4.00) and extend seaward 124.5 linear feet. No catwalks or ramps are being proposed with this application. All excess material from the installation of the pilings would be removed. The height of all piles are to be flush or level with the decking. All hydrographic topography and landward features are shown on the plan as obtained by survey on April 29, 2017. There are existing stairs that are situated in the shallow bluff that is supported by beach grass vegetation. No treated wood would be used in the construction of the dock. No disturbance to vegetated area or to the beach area will be required for the construction of this dock structure. The dock will also contain a platform for a proposed boatlift system if allowed by the Board of Trustees. C EI MAY - 1 2011 Southold Town Bad of Trustees " PARK AVENUE N 85.31'0" W 1 � SCTM: 1000-123-07-5.3 at PHOTO 1 PHOTO 2 W- 0 � P . SCTM: 1000-123-07-06 { SCTM: -123-07-02 ' GOP _ dam- PHOTO 3 3 N 0 1 L a / SCTM: t 1000-123-07-7.3 u C 2 i 0 a 0 o_ i 87• 3� 0 120.70 o m N SCTM: 1000-123-07-03 V 100 PARK AVENUE, PEC 0 N I C BAY MATTITUCK, NY 21 0 w _ PHOTO PLAN N a Prepared By: o 80 160 L.K. McLean Assoc., P.C. C"0o Feet Consulting Engineers m 437 So.Country Road,Brookhaven,NY SCALE: 1 " = 80 Aril 2017 </ a Y, zg. bUTLNvwyavewE ONE -As 2 12 5.1 1 FOR FCL NO a S ESEC NO in O TOM OF 21sounlow 30 QA 22 3� 4 1oo 9 113 26 & a 7A PD 5 pECON, GROSBBo 8 4- - L COUNTY OF SUFFOLK K SE ic E (21) NOTICE E souW- G Real Property Tax Service Agency Y E ------ tef—11d.NY ce 2 Nx Nr MID, m I I DSTRICTNO 100 p PROPER 7— 77 4 � M .�"` :.mac, e`rm� 1 -.....a,� ..;.•, '' t e.. �� ,.,. FOR PCL NO SEE SEC NO �J I fi t ,a. 15 ^^^ m 9 28 ♦ B F T B 3 to 15AIc 1 FOR PCL NO SEE SEC NO 7+ B +e \ )S 9 ¢25Ataj ♦�, 122-0SBBd Y +5Tom OF 5 somHoW _�- • m \< 21 12, I 6 �� 22 O � , B $ X17+ 4 CREEK ts.9rt "?� *' Z£R 19 +Bao +9 � 3 G£K 2+3 § O n o ♦ � .,, §� gyp/ ,^. 1B} 1 IP A9 45 zs g g 31 32 2 0164 13 o e 5.] d x 1h a ra 4j fig?s ` 9 a xo+ x a a F C o 63 + Ta e 9 413 ¢ g 2gµ1 s ,`+, 3 1aµc1 2eP11` o // x 25 91 + `�etV1n1 8 a 9 53 B °E' e2Alc1 3 1 / g 5.' O fo 1 1iPl 17 +' a(D 1xq 15 1B a L / 05 0 ?� 381 11 +23g � 4 pD /' R g 1� • es 4ID e ee + f • Ofi 16 +3 125 ,tat 1xA, £DDN(D gA ag 9 ^^^^^ r. -----_ — -- --^-- NOTICE uw COUNTY OF SUFFOLK © K souTHo o SECT Gw.�m....a.� —zi'— •+�ew..+N.. (21) x. 2 o.nu. __.-- o�u. __.__ wurrtcxvronoFtiwrPom anon 0 E , , E N a Q �.. O.ma --a-- w,.a�R Real r a5 0F 1 _ _ tlE Coan CR Rbe d,NY119a1 N w...,v.. R..e o.uw. __^__ o+w,..__•__ wtwu,vn r,[xtruovssi1 arnwEa wr M ' O w.dw n .7 2+.yata,xu —__— muu. __.__ RRau.--...__ .ya' A tan xo t000 ,2.,N4 ---' RutPROREnnbwaERNeEwaFwar P PROPI 01 • r q >. ,4 - -- -- - - � It. s J *row '` ` �' • lotj .. 'N .•fes '' r� ,.. 1' •, ,• � • .� III -123-07-03 II PARK AVENUE MATTITUCK, NY�• JNEIGHBORING Prepared By: i, L.K. McLean Assoc., P.C. Consulting Engineers MAP SCALE 437 So.Country Road,Brookhaven,NY ... 0 30M --_ APRIL 2017 EXISTING 4'X25' STAIRWAY PROPOSED DOCK i .�,•w VENUE TO MEET EXISTING BEACH AT ELEV. 4.0 EXISTING 1 -1/2 STORY DWELLING, INGROUND POOL, h GRAVEL DRIVEWAY, AND MASONRY PARKING AREAS 404 Ilk (CONSTRUCTION AFTER 04/06/2011) 50 PARK AVENUE ri - 4 i t 1 O� � .- ate.. • i � r 0 o 0 0 u 0 J ' s g R J1 C o NORRIS ESTA z coN EXISTING DOCK L N E SCTM: 1000-123-07-03 "" 100 PARK AVENUE MATTITUCK,NY o E PROPOSED DOCK AERIAL VIEW °" Spu,�'fU�jwVti fit o E Prepared By: n m SUFFOLK COUNTY L.K. McLean Assoc., P.C. N � y Consulting Engineers GIS P I C TOM E TR Y oI' �,• 04/06/2011 437 So.Country Road,Brookhaven,NY Iwo +c # � APRIL 2017 U L. K. McLean Associates, P.C. PROJECT DESCRIPTION: The applicant is proposing to construct 121.7 long by 4' wide timber dock structure (single vessel) into the Peconic Bay at 100 Park Avenue in Mattituck,NY(SCTM# 1000-123-07-03). A similar permitted dock exists on the property directly to the west of the applicant's property. The proposed single dock structure would be constructed at a finished elevation(timber decking) of 4.50 that would extend from the existing shore (el 4.50) and extend seaward 121.7 linear feet. The dock will also contain a 4' x 30 platform with four 10" mooring piles with a finished elevation (timber decking) of 2.50'. Two additional 10" mooring piles will be installed 12' off the lower platform. The platform will be located at the seaward end of the dock. No catwalks or ramps are being proposed with this application. All excess material from the installation of the pilings would be removed. All hydrographic topography and landward features are shown on the plan as obtained by survey on April 29, 2017. There are existing stairs that are situated in the shallow bluff that is supported by beach grass vegetation. No treated wood would be used in the construction of the dock. No disturbance to vegetated area or to the beach area will be required for the construction of this dock structure. R Location of action:_ 100 Park Avenue, Mattituck NY, 11952 - Site acreage: 1 .70 Presentlanduse: Residential Present zoning classification: R-4 0 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: Paul Pawlowski (b) Mailing address: P.0. Box 783, Mattituck, NY 11952 _ / r (c) Telephone number: Area Code( ) 6 31-4 4 5-4 3 4 8 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No El If yes,which state or federal agency? 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., DE VELOPED 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 As stated earlier, the proposed dock would follow others in the same area that were given approval by the same Town' & State agencies. 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 0 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 0 Not Applicable 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 S through 16 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable 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 0 No ❑Not Applicable 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. ❑ ❑ 0 Yes No Not Applicable 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. j ,I Yes [:] No xx 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. 0 Yes 1:1 No ❑X 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. Yet No❑ Not Applicable Attach additional sheets if necessary I I I 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 ❑x 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 4 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 ❑. NoEl Not Applicable PREPARED BY Christopher F. Dwyer TITLE Associate DATE 4/12/17 N SURVEY Of PROPERTY Lo "I 51TUATE : MATTITUCK E W M Ay 8 2017 TOWN : SIOUTHOLD S oldbAffl SUFFOLK COUNTY, NY gga0 Ii0IL111S1-�..---- - SURVEYED 07-15-201 G FOUNDATION LOCATION 05-20-201 G P\ � \V FINAL 12-02-2019 00 0 SUFFOLK COUNTY TAX # 00 1000 - 123 - 7 - 3 CERTIFIED TO. 100 PARK AVENUE CORP. PAUL PAWLOWSKI FIDELITY NATIONAL TITLE INSURANCE COMPANY A GPI \�+ O�Co 7A 0 22 0 0 C11 >0 0 >0 7am,1 7- Oa 0 01 0(S)o S\� Olt 9;\ �Cpo 7Z� 0 'o Q -0 V-/,op AVER \�o V\G 7-Z�-I, 0 01 Q/ G �A 00 4 Cl, 3! 0 o-�L 7- 0 0�;P 0°e 0 -7 0 0 041 0 0 -fop Of 15P,14K —5f-NG"— tl ZaN�6 U6 0 FSO -'--- '75 � I rn Vt-00 -ZO \ zo .e) Ili G FEMA FLOOD ZONE ANNOTATED FROM F.I.K.M. 3G 103CO452H NOTES "Unauthorized oli: land or dddiori to a survey map bearing a licensed and surveyor's seal 9 a MONUMENT FOUND N _Iabon of section 7209,sub-dimsion 2,of the PIPE FOUND JOHN C. EHLER5 LAND SURVEYOR �Orily coptes Now York State Education Low" from the original of this survey --C-- WIPE FENCE — marked with ooriginalof the,land surveyor's stomped seat shallbe considered a be vol,di I ue copies" G EAST MAIN 5TREET N.Y.S. LIC. NO. 50202 'Certifications Indicated hereon signify that ibis ,:urvey was prepared In accordance with the ex- ling Coda of Practice for Land Surveys adopted Area = GG,CG 15 ft. RIVERHEAD, N.Y. 11901 3(39-82(5(5 Fax 3G9-(52(57 by the Now York State Association of Professional Area = 1.534 Acres . Land Surveyors Sold certifications shall run only Iong5landlandsiurveyor.com to the person for whom the survey is prepared, GRAPHIC SCALE! 1 50, 5 and on his beholf to the title company,governmen- oagency and lending institution listed hereon, and LA tothe assignees of the lending Institution Certifica- 13-188, ban,a riot transferable to additional institutions ' 1 EXISTING GRAVEL a ENS N 850' 15 DRIVEWAY rLIMIT OF CROSS BRACING PROPOSED 8" DRIVEN - EXISTING STAIRS PROPOSED DOCK GREENHEART PILE (TYP.) SCTM: 10 r STRUCTURE AS DETAILED. I 1000-123-07-5.3 124.5' 10.0{ EXISTING GRADE ( ' ) - ----DOCK--ELEVATIONEXISTING BEACH AREA ---- ----- - ------- =._4.OQ'--- ------ - --_---. . TO REMAIN UNDISTRUBEI MEAN HIGH WATER = 2.20'± -------------- ------ ---- ---- ---- ---- ---- ---- ---- ----- ---- ---- - MEAN LOW WATER__1.20'± 5 0+00 1P 1+00 SCTM: PROPOSED DOCK 1000-123-07-06 \ PROFILE i I / HORIZONTAL SCALE: 1"=10' VERTICAL SCALE: 1"=5' SCTM: 1000-123-07-62 STAGGERED 0 GALV. TIMBER BOLTS `, � \ NUTS LATE WASHERS AND HEAVY HEX i \ CONNECT ;STAIR STRINGERS TO PILE 10'-0" MAX. EXISTING PARKING AREA --` soo% \ \ CAP'S W/ GALV. SIMPSON H8 A HURRICANE STRAPS (TYP.) SCTM: 20 LONG GREENHEART PILES W/ 8"0 EXISTING 1-1/ !` , \ 1000-123-07-7.3 ` TIP STORY DWELLING GREENHEART 3"X10" PRESSURE TREATED PILE CAPS LUMBER BLOCKING `i 00 m \ ® MIDSPAN c \ I pp \ / � / \p i CONNECT 3x10 PILE CAPS TO PILE W/ "J o \ -- - (2)-3/4.0 TIMBER GALV. THRU-BOLTS 20' LONG GREENHEART LAPPED SPLICING THRU BOLTED W/ \o `� / PILES W/ 8"0 TIP (4) J"0 GALV. TIMBER BOLTS WITH PLATE J (TYP.) WASHERS AND HEX NUTS \ ( Qin\'� _,-- - \ 'A\o +�--- 2"x12" GREIENHEART LUMBER STRINGERS (TYP.) EXISTING STAIRWAY '\ o ��o � - -- - TYPICAL DOCK PLAN VIEW 01 -__ N.T.S. H8 HURRICANE STRAPS - - TYPICAL DOCK CONNECTION DETAILS *10 APPARENT HIGH WATER N.T.S. EL.= 2.20± 1 Do 2"X6" CEDAR DECKING S-9_� =o%� 2"X12" GREENHEART STRINGERS W/ H8 HURRICANE STRAPS a PROPOSED DOCKI`- t. _ a CL , - � �' , -`��_-�� � � ' .- ' EL. 4.00 3"X10" GREENHEART SPLIT PILE --� ------- - _..,i (SEE PROFILE) l - _ CAPS THRU BOLTED W/ J"0 I o /x-o.2s x 2s x-t.gs _ X-2.53 3 X-2.7.8_ x-2.76 X-3.50 GALV. TIMBER BOLTS WITH PLATE M AY - 1 2017 WASHERS AND HEAVY HEX NUTS ° ____1+00 _ - _ APPARENT LOW /WATER ° I ° ' S� EL.= -1.20± // ° (TYP.) 2 Saultiiu dl lown X-2.4 '(7. -3. 1 3.88 X-3.75 X-3.77 X-3.90 �. -_ EL �3� Trus�� - " -. PROPOSED BOAT LIFT VA IES 3"X10" GREENHEART CROSS -3.00 \ -15.5' PECONIC BAY ° ° BRACING. N o X-3.86 X-3.8 X-3.94 X-3.89 X-3.97 X-3.96 -3.91 10 t l - - - 1+69 i ° GRADE X-4.06 X-4.15 X-4.08 4X-4.04 X-4.07 X-4.07 X4.02 / 8"0 DRIVEN GREENHEART PILES DATE BY DESCRIPTION APPROV. BY REVISIONS (D TOWN OF SOUTHOLD LL_ SUFFOLK COUNTY NY TYPICAL DOCK SECTION - ; A �` 100 PARK AVENUE, MATTITUCK NY N.T.S. SCTM: 1000-123-07-03 SITE PLAN SCALE: 1"=40' N tEt�,� PROPOSED DOCK PLAN �- 0 o ti oat A.�� No L. K. McLEAN ASSOCIATES, P.C. CONSULTING ENGINEERS 437 SOUTH COUNTRY RD., BROOKHAVEN. NEW YORK 11719 o Designed By: MF/CFD Scale: AS NOTED Sheet No. 0 g ~ Drawn By: MF Date: MAY 2017 cL - - Approved By: RGD File No. 16029.003 I I 15 EXISTING GRAVEL \ A ENv� N 85"31 gip' w DRIVEWAY IMIT OF CROSS BRACIN EXISTING STAIRS PROPOSED OI POTMP)8" DRIVEN GREENHEART \ \ 10 _ 121.7' SCTM: 1 D.D' C. \ \ \ ` ,� ! ✓ ' \ I / 1000-123-07-5.3 EXISTING GRADE (TYP.I 30.0' PROPOSED 4'x30 LOWER ) PLATFORM (EL.=2.50) \ EXISTING BEACH AREA I DOCK EL. = 4.50'TO REMAIN UNDISTRUBED i I I--- -��--- - -- - MEAN HIGH WATER = 2.20't I -- --I �--- --� -- 0 MEAN LOW WATER = -1.20'± II II II -Ti' Imo- -5 0+00 1+00 O\O ` � � I ti t \ 10"0 TIP x 20' LONG O, DRIVEN IESW/ CAP NRHEART � I s���� PROPOSED DOCK PROFILE P HORIZONTAL SCALE: 1"=10' SCTM: 1000-123-o7-os VERTICAL SCALE: 1 -5 \ I / CONNECT STAIR STRINGERS TO PILE 10'-0" MAX. CAPS W/ GALV. SIMPSON H8 1000 123M 07-62 I I \ 1 I HURRICANE STRAPS (TYP.) STAGGERED J"O GALV. TIMBER BOLTS W/ PLATE WASHERS AND HEAVY HEX 2rrx10" NUTS \ GREENHEART \ - LUMBER BLOCKING MIDSPAN � GREENHEART PILES W/ CAP CONNECT 3x10 PILE CAPS TO PILE W/ 8"0 TIP x 20' LONG DRIVEN _ \ �\ (2)-3/4��0 TIMBER GALV. THRU-BOLTS - (TYP.) EXISTING PARKING AREA � ;� � 1 °O.0 \, 3"X10" PRESSURE TREATED PILE CAPS �0. SCTM: 1000-123-07-7.3 8"0 TIP x 20' LONG DRIVEN EXISTING 1-1/ �,V \ _ STORY DWELLIN 2"x10" GREENHEART LUMBER GREENHEART PILES W/ CAP STRINGERS ® 12"O.C. (TYP.) TYPICAL DOCK PLAN VIEW N.T.S. PAt10 \ LAPPED SPLICING THRU BOLTED W/ (4) 4"0 GALV. TIMBER BOLTS WITH PLATE 1 \ iN'PpU WASHERS AND HEX NUTS 1 ��� \ � ' 2"X6" CEDAR DECKING CL - \p\ 4± 2"X1 O" GREENHEART STRINGERS W/ H8 0 1 / _ * / HURRICANE STRAPS @ 16 O.C. MAX 4-1 * \ (TYP.) 1 \°a _ \ / EL. 4.50 3"X10" GREENHEART SPLIT PILE CAPS H8 HURRICANE � \o \'\ rr STRAPS J a -„-- _ THRU BOLTED W/ 0 GALV. TIMBER \� J _ BOLTS WITH PLATE WASHERS AND � EXISTING STAIRWAY o HEAVY HEX NUTS (TYP.) = TYPICAL DOCK CONNECTION DETAILS N.T.S. 0 I x LONG DRIVEN GREENHEART PILES W/ CAP ° ° EL tom _ O+00- - - 3 X10 GREENHEART CROSS VA IES " ii ° BRACING W/ 8"x8" BLOCK. 4-- _ APPARENT HIGH WATER EL.= 2.20± GRADE Q) .52 W V Q + \fig. o� �/� J-VAL -lAr-L- PROPOSED DOCK (SEE PROFILE) , _�96,, _ TYPICAL DOCK SECTION A-A -- ALW AW O /X-0.26 X .26 PW X-199 X-2.53_ X-2.78 X-2.76/ X-3.50 I° _ N.T.S. L 1+00 P� A 12.0' s APPARENT LOW WATER L h1 AY 1 8 2017 =ALW PECONIC BAY EL.= -1.20± I X-2.41 - .61 -3.68 X-3.75 x-3.77 x-3.90 SEE TYPICAL DOCK PROPOSED 10"o TIP x 20' LONG SECTION A-A F?gur•, . '.;, O O - -3.00 DRIVEN GREENHEART PILES 8"0 TIP _.. N O W/ CAP 4r 4'x30' LOWER O PLATFORM W/ (4) X-3.86 x-3.8 X-3.94 x-3.69 X-3.97 x-3.96 2"X6" CEDAR DECKING -3.91 � � EL. 4.50 _ 10 MOORING PILES _ ` = 4± 2"X10" GREENHEART STRINGERS W/ HE j - 4.0' 1+69 HURRICANE STRAPS ® 16" O.C. MAX. 5/16/17 MF ADDED 4'x30' LOWER PLATFORM RGD -4-- -- , - X-4.06 X-4.15 x-4.06 X-4.04 x-4.07 x-4.07 x ,4.02 3"X10" GREENHEART SPLIT PILE DATE BY DESCRIPTION APPROV. BY _ /EL. 2.50 =_ CAPS THRU BOLTED W/ J"O GALV. TIMBER BOLTS WITH PLATE REVISIONS C 0 u 7TP/ ° �nP)RS AND HEAVY HEX NUTS TOWN OF S O U T H O L D a� _°_ LL SUFFOLK COUNTY NY Q 100 PARK AVENUE, MATTITUCK NY Ln SCTM: 1000-123-07-03 O w 10"0 TIP x 20' LONG DRIVEN _� N SITE PLAN GREENHEART PILES W/ CAP ��--I, r_ ° ° �P .4\0G 02 ��_ PROPOSED DOCK PLAN I n SCALE: 1 =40 7y["� �;� 4/ni�Cn � `� k • `cir 'i 8ff 0 TIP x LONG DRIVEN �� 1 00 GREENHEARTT r PILES r- ,f'' ,�� w L. K. McLEAN ASSOCIATES P.C. N O "%j _ CONSULTING ENGINEERS 437 SOUTH COUNTRY RD., BROOKHAVEN, NEW YORK 11719 ^ � W/ CAP oc t"� Sheet No. N F, Designed By: MF/CFD Scale: AS NOTED �'�'�`"a' >, � - � 15� Drawn By: MF Date: LOWER PLATFORM SECTION B B MAY 2017 N.T.S. Approved By: RGD File No. 16029.003