HomeMy WebLinkAboutApplication Neville, Elizabeth
From: Neville, Elizabeth
Sent: Friday,August 30, 2019 11:33 AM
To: 'Docko Office'
Subject: Emailing: CEA Reso#762_20190830113222
Attachments: CEA Reso#762_20190830113222.pdf
Attached, please find 8/27/2019 Town Board Resolution 2019-762 together with Findings& Determinations approving
the Coastal Erosion Appeal Of Donald W.Young.
Elizabeth A. Neville, MMC
Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box
1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064
Your message is ready to be sent with the following file or link attachments:
CEA Reso#762_20190830113222
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RESOLUTION 2019-762
ADOPTED DOC ID: 15535
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-762 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 27,2019:
WHEREAS,the Board of Trustees denied the application of Donald W. Young Rev. Trust&
Kelly C. Young Rev. Trust to construct a wood pile and timber pier located off East End Road,
Fishers Island,NY SCTM#1000-3-2-2, under the Town of Southold Coastal Erosion Hazard
Areas Law(the "Law") of the Town of Southold pursuant to Section 111-11(c); and
WHEREAS, on July 16, 2019,the Applicant submitted an application to the Town Board of the
Town of Southold seeking to appeal the determination of the Board of Trustees, or in the
alternative, seeking a variance from the requirements of the Law; and
WHEREAS, on August 27, 2019, the Town Board conducted a duly noticed public hearing on
the instant appeal with an opportunity for all interested parties to be heard and testimony was
taken of the Applicant's consultant and other interested parties; and
WHEREAS,the application has been reviewed pursuant to Chapter 268, Waterfront
Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now,
therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed
action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules
and Regulations for this action; and be it further
RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings
and Determination dated August 27,2019 granting the application of Donald W. Young
Rev. Trust& Kelly C. Young Rev. Trust for a coastal erosion hazard area permit pursuant
to 011-20 of the Town of Southold Coastal Erosion Hazard Area Law and be it further
RESOLVED that the Town Board had determined that this action is consistent with Chapter
268, Local Waterfront Revitalization Program; and be it further
RESOLVED that this Determination shall not affect or deprive any other agency of its properly
asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard
Areas Law considered herein. ,
Elizabeth A. Neville
Southold Town Clerk
Resolution 2019-762 Board Meeting of August 27, 2019
RESULT: ADOPTED [4 TO 21
MOVER: Robert Ghosio, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: William P. Ruland, Jill Doherty, Louisa P. Evans, Scott A. Russell
NAYS: James Dinizio Jr, Robert Ghosio
Updated: 8/27/2019 4:02 PM by Lynda Rudder Page 2
TOWN BOARD
COASTAL EROSION HAZARD
BOARD OF REVIEW
TOWN OF SOUTHOLD
--------------------------------------------
In the matter of the Application of
DONALD W.YOUNG REV.TRUST
& KELLY C.YOUNG REV. TRUST FINDINGS AND
Off East End Road DETERMINATION
Fishers Island,NY
SCTM#1000-3-2-2
--------------------------------------------
FINDINGS AND DETERMINATION
Based upon the application, documents contained in the Board's file, site
inspections and testimony received at the public hearing held on August 27, 2019, the
Town Board finds and determines as follows:
ISSUE
Keith Neilson PE of Docko Inc. on behalf of Donald W. Young Rev. Trust&
Kelly C. Young Rev. Trust has filed an application with the Town Board, as the Coastal
Erosion Hazard Board of Review(the "Board"), dated July 16, 2019 requesting the
following relief-
1.
elief:1. A reversal of the Board of Trustees June 19, 2019 determination preventing the
issuance of a coastal erosion permit in accordance with Chapter 111 of the Town
Code.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
A. Description of the property and applicants:
The property that is the subject of this application is located at Off East End Road,
Fishers Island, NY SCTM#1000-3-2-2. The property is currently improved with a single
family home, decks and foundation. The property is located in the residential zone. As
confirmed by the Board of Trustees, and acknowledged by the applicant, the property
where the proposed work is to be performed is located within the Coastal Erosion Hazard
Area as established by New York State in 1991. The applicant submitted an application
to the Trustees seeking to construct a 200+/-ft.x4ft. wide fixed wood pile and timber pier
including three tie-off piles with tide slides, rails, grate decking and water/electric
utilities, of which 172+/-ft is waterward of the apparent High Water Line. The 200+/-ft is
including the 28+/-ft fixed ramp; and as depicted on the revised site plan prepared by
Docko, Inc.
B. Trustees Procedural History:
I. Application
The applicant filed an application with the Board of Trustees on March 15, 2018.
After subsequent amendments and redrafts of the proposed plans the applicant final plan
requested to construct a 200+/-ft.x4ft. wide fixed wood pile and timber pier including
three tie-off piles with tide slides, rails, grate decking and water/electric utilities, of which
172+/-ft is waterward of the apparent High Water Line. The 200+/-ft is including the
28+/-ft fixed ramp; and as depicted on the revised site plan prepared by Docko, Inc.
Located: Off East End Road, Fishers Island,NY SCTM#1000-3-2-2.
H. Public Hearing:
The Trustees held a public hearing on this application on March 20, 2019, May
15, 2019 and June 19, 2019 at which times all those interested were given the opportunity
to speak.
Keith Neilson PE on behalf of the applicant addressed the Town Trustees'
concerns with regards to the application. It was described that the proposed structure
would be the dock extending out in to the waters of Fishers Island Sound in the Coastal
Erosion Area.
III. Trustees Determination and Certificate of Compliance.
On June 28, 2019 the Trustees issued a determination stating that the proposed
construction fell outside the jurisdiction of the Board of Trustees due to the proposed
application being located within the designated Coastal Erosion Hazard Area and square
footage proposed exceeding 200 square feet, and therefore the Trustees could not issue a
permit under the tidal wetlands act denied the application without prejudice, and as such
further application would need to be made to the Town Board.
IV.The Town Board Proceeding
On July 16, 2019,the property owners timely filed an appeal of the Trustee's
determination pursuant to Town Code Chapterl 11 with the Coastal Erosion Hazard
Board of Review(the Board) seeking the reversal of the Trustees denial. The Board held
a duly noticed public hearing on August 27, 2019, at which time all interested parties
were given the opportunity to present testimony on the application.
Keith Neilson PE of Docko Inc. on behalf of the applicant addressed the Town
Board's concerns with regards to the application to construct a 200+/-ft.x4ft. wide fixed
wood pile and timber pier including three tie-off piles with tide slides, rails, grate decking
and water/electric utilities, of which 172+/-ft is waterward of the apparent High Water
Line. The 200+/-ft is including the 28+/-ft fixed ramp; and as depicted on the revised site
plan prepared by Docko, Inc. located off East End Road, Fishers Island,NY
2
SCTM#1000-3-2-2. This initial application being made within the Costal Erosion Act as
well as the Tidal Wetlands Act.
Members of the public appeared in support and opposition or submitted letters for
the file on the application and the record was closed on August 27, 2019.
APPEAL OF THE TRUSTEE'S DETERMINATION
Pursuant to §111-24 the Town Board is designated as the Coastal Erosion Hazard
Board of Review and has the authority to "[h]ear and decide appeals where it is alleged
there is error in any order, requirement, decision or determination made by the
Administrator in the enforcement of this chapter."See, Town Code §111-24 (B).
Furthermore, the Coastal Erosion Hazard Board of Review has the authority to "reverse
or affirm, wholly or partly, or may modify the order, requirement, decision or
determination of the Administrator, including stop or cease-and-desist orders." See,
Town Code §111-25.
When considering appeals pursuant to §§ 111-24 & 25, the Board is limited to the
record on appeal and the arguments made before the Board of Trustees. In this instance,
this Board finds, based upon the record before it, that the applicant has supplied the
sufficient information regarding the criteria set forth in §111-9(A-C) of the Town Code to
support the granting of a Coastal Erosion Management Permit.
CONCLUSION
Therefore, in the interests of justice and for the reasons set forth herein, this Board
grants the appeal of the Applicant pursuant to Chapter 111 of the Town Code to construct
a 200+/-ft.x4ft. wide fixed wood pile and timber pier including three tie-off piles with
tide slides, rails, grate decking and water/electric utilities, of which 172+/-ft is waterward
of the apparent High Water Line. The 200+/-ft is including the 28+/-ft fixed ramp; and as
depicted on the revised site plan prepared by Docko, Inc. located off East End Road,
Fishers Island, NY SCTM#1000-3-2-2.
Dated: August 27, 2019
3
FISHERS ISLAND SEAGRASS MANAGEMENT COALITION
Est. 2017 — Fishers Island, New York
Fishers Island Seagrass Management Coalition RECEIVED
c/o H.L. Ferguson Museum
P.O. Box 554 AUG 2 7 2019
Fishers Island,NY, 06390
To: Southold Town Clerk
August 1, 2019
To Whom it may Concern,
The Fishers Island Seagrass Management (FISM) Coalition, as a group dedicated to the
conservation and protection of seagrass around Fishers Island, would like to offer our assistance
throughout the planning and application processes for projects with potential impacts to seagrass
habitats such as coastal construction. We can provide information about eelgrass habitats,
connect individuals with relevant experts, and offer support for coordinating and conducting
eelgrass surveys to the best of our abilities.
In 2017,the H.L. Ferguson Museum,the Fishers Island Conservancy, and The Nature
Conservancy partnered to convene a community-based seagrass management Coalition.
Coalition members represent a variety of stakeholder groups and island entities, including: the
Island Community Board, Fishers Island (FI) Ferry District, Fishers Island Development
Corporation (FIDCO), Town of Southold, FI Harbor Committee,FI School, Fishers Island
Oyster Farm, FI Yacht Club, Hay Harbor and Fishers Island Clubs, commercial and recreational
fishermen, landscapers, contracted ferries, and other recreational users of seagrass habitats. All
of these groups interact with seagrass habitats around Fishers, and therefore have a vested
interest in its stewardship and continued conservation. The Coalition works to promote science-
based best management practices, and ultimately aims to develop a seagrass management plan
for Fishers Island through a collaborative approach with Federal, State, and Municipal entities,
and the Fishers Island community.
Since the Coalition's origin, the group has been in contact with a number of experts to
fully understand all of the management issues as we embark on establishing monitoring and
management programs. As part of our mission to foster the protection and effective management
of this resource, as well as to educate the Fishers Island community about our precious seagrass
ecosystem, we hope to provide information to individuals planning and permitting coastal
construction projects with the intention of promoting best practices on the island, specifically in
areas where seagrass habitats may be affected. Conscious design,planning, and construction are
imperative to conservation efforts surrounding the Island's precious natural resources, and it is
our hope that we can assist with these efforts by offering guidance if desired.
Fishers Island is one of the final frontiers for healthy seagrass habitat in Long Island
Sound, with nearly 25% of the seagrass in LIS waters surrounding Fishers Island. These
meadows serve as vital spawning, nursery and shelter areas for fishes, crustaceans and shellfish
as well as foraging grounds for sea turtles, pinnipeds, and birds. Seagrass habitats also sustain
millions of small invertebrates, stabilize shorelines, reduce wave energy, and sequester twice as
much carbon per area as terrestrial forests. It is critical to protect this valuable resource, as well
as to encourage responsible use and stewardship of the habitat. Through collaborative efforts
between interest groups including the FISM Coalition, municipal agencies, permitting and
construction companies, and island residents, we can strive to minimize our impacts on seagrass
habitats and protect this precious resource for years to come. We look forward to working with
your agency on projects that may impact our seagrass meadows.
Sincerely,
Members of the Fishers Island Seagrass Management Coalition
Elizabeth McCance, HL Ferguson Museum
Justine Kibbe, Fishers Island Conservancy
Louisa Evans, Town of Southold
Mark Terry, Town of Southold
Candace Whitman, Island Community Board
P.B. Weymouth, FIDCO
Bob Tyler, Hay Harbor Club
Donald Beck, Fishers Island Club
Marj Beck, FI Harbor Committee
Carol Giles, FI School
Chris Edwards, Commercial Fishing
Steve Malinowski, Fishers Island Oyster Farm
Chippy DuPont, Pirates Cove Marina
David Beckwith, Contracted Ferries
Geb Cook, FI Ferry District
David Burnham, Landscapers
Tracy Brock, Diving
Lincoln White, FI Yacht Club
Joseph Woolston, Spearfishing
John McCall, Recreational Fishing
Norklun, Stacey
From:Neville, Elizabeth
Sent:Tuesday, August 27, 2019 10:05 AM
To:Burke, John; Doherty, Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon; Jim
Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder,
Lynda; Russell, Scott; Silleck, Mary; Tomaszewski, Michelle; William Ruland
Cc:Norklun, Stacey
Subject:FW: Docks 8/26/19
FYI
Elizabeth A. Neville, MMC
Southold Town Clerk, Registrar of Vital Statistics
Records Management Officer; FOIL Officer
Marriage Officer
PO Box 1179
Southold, NY 11971
Tel. 631 765-1800, Ext. 228
Fax 631 765-6145
Cell 631 466-6064
From: Pirates Cove \[mailto:pcminc@fishersisland.net\]
Sent: Monday, August 26, 2019 5:21 PM
To: Russell, Scott
Cc: Neville, Elizabeth
Subject: Docks 8/26/19
Dear Scott: It came to my attention as a member of the Harbor Committee on Fishers Island, that the Town Board might
have determined there should be no more new docks approved for Fishers Island. If this is truly the case, I would like to
protest such a random decision. The Harbor Committee was established by the town Board some many years ago for
the purpose of supervising activities within 1500 feet of the Island. While specifics of such jurisdiction were never
defined in detail, the Committee has been closely working with the Board of Trustees and the DEC regarding moorings,
docks and all other water related water dependent activities. The Committee has been successful in maintaining order
in an area which would have been over-run with out of state interests. In the matter of a dock proposed by Donald
Young on the north shore in Chocomount Cove, the Harbor Committee was fully briefed on the proposal and initially had
some concerns over intrusion into our vital sea-grass beds. Once The Committee was informed of the research done by
Docko, Inc, the Committee was confident that the proposal had been adjusted to be located in an area where no impact
would be felt by the sea-grass beds. There it was felt that all concerns for ecological sensitivities had been addressed.
Each and every existing dock and proposed dock have always been deliberated on an individual basis and rightfully
never should be considered in a “one size fits all” category. Fishers Island has been and will continue to be place where
the entire population works for a common purpose with complete respect for individual desires. Approving docks is a
laborious process which takes many years during which the applicant must deal with local, state and federal
agencies. Sometimes the applicant must deal with the agencies more than one time. It is my understanding that the
Young’s dock has been approved by all of the appropriate agencies after extensive research and modifications to comply
with various requirements as they came up. The good faith indicated by the applicant to comply with each and every
new requirement, leads me to believe that this proposal is entirely consistent with the uniqueness of Fishers
Island. Having been involved with the rebuilding of my families’ dock after Hurricane Bob and having been through the
process of building a new dock on a property in the inner cove in West Harbor, I am uniquely aware of the process and
also aware of the rationale needed to approve applications for docks. There is no firm criteria which can be applied for
1
such projects. They are very individualistic and each proposal has its own set of circumstances, all of which contribute to
the consideration.
I understand the Coastal Erosion aspect of the Young’s project, however if there is some method to mitigate an erosion
issue, I am fully confident that the applicant and their consultant will be able to address it.
Fishers Island is extremely fortunate to have minimum development on its shoreline and on the Island as a whole. I
might add that there are many individuals whom are very passionate about keeping the Island that way and are
successful.
I believe this application has complied with every requirement, responded to each concern by authority and individual
alike and has done everything asked of them, resulting in a sensitive project which meets all criteria.
I would hope an approval will be forth coming.
Thank you for your time and please rest assured that the various committees are doing their very best to make sure that
the Town Board is fully informed so that sound decisions can be made with utmost confidence.
Chip duPont
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2
Norklun, Stacey
From:Neville, Elizabeth
Sent:Tuesday, August 27, 2019 8:25 AM
To:Dinizio, James; Doherty, Jill; Evans, Louisa; Ghosio, Bob; Ruland, William; Russell, Scott
Cc:Norklun, Stacey; 'Office@docko.com'
Subject:Emailing: Donald Young letter re_20190827081803
Attachments:Donald Young letter re_20190827081803.pdf
Importance:High
Attached, is a letter received from Donald Young regarding his CEA.
Elizabeth A. Neville, MMC
Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO
Box 1179 Southold, NY 11971 Tel. 631 765-1800, Ext. 228 Fax 631 765-6145 Cell 631 466-6064
Your message is ready to be sent with the following file or link attachments:
Donald Young letter re_20190827081803
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F1di'' 6i'' E�19 1,: 44 R6F1572 569 LUi=;i_0 Ihdi PAGE
August 26, 2019 RECEIVED
Mr.Scott Russell "g. / "" "
Town of Southhold � "
Town Supervisor
Town HallSouthold Town Clerk
PO Sox 1179
q
Southold, NY 11971
i
Re: Donald Young Variance.Application
I' Dear Mr, Russell,
Forty-three years ago,as an eight-month-old infant, my wife spent her first summer at Fishers Island In a
rental house on Shingle Hill sleeping in a chest of drawers on the floor(because they had no baby crib in
the house). She has spent every summer since on the island. Twenty-two years ago, I visited Fishers
Island for the first time and fell in love with it. A Few years later, I fell In love again, this time with the
woman that would become my wife, at the infamous Pequot Bar and approximately four years ago my
wife and I purchased a house at Fishers Island on Chocomount Cove that was originally built in 1926. We
have since spent a significant amount of time and money Into renovating and restoring that house. We
are active seasonal participants in the community and maintain membership in the Hay Harbor Club,
Fishers Island Club., Fishers Island Yacht Club and I am a board member of Walsh Park Benevolent
Corporation, We financially support numerous charitable organizations on the island and have always
purchased from local stores or hired local people,companies or resources to the extent they are available.
We plan to continue to support any and all efforts to maintain Fishers' unique culture and environmental
resources. While our family's Forty-three years on island makes us relative newcomers by Fishers Island
standards, we love Fishers island more than we can possibly explain,
Shortly after buying our home on Fishers Island in October 2015, 1 contacted Keith Nielsen at Do.cko
Incorporated and we began the application process for building a dock at the proposed location. It's
Important to note that while we were evaluating two different houses to buy on Fishers island,one of the
reasons we purchased this particular property is because I learned through some research(Pierce Rafferty
later provided photos of the dock) that the original owner of the home, Charles Rafferty, built a rather
sizable dock at this exact location in 1926 but It was blown away in one of the hurricanes many years ago.
Since first contacting Mr. Nielsen, we have spent an enormous amount of time working to Identify the
absolute best place to build this dock in order to minimize the environmental impactand meet the various
requirements of all interested parties. Afterfouryears of applications,comments,revisions,changes and
modifications,we have now satisfied the New York Department of Environmental Conservation (NYDEC),
Army Corps of Engineers, National Marine Fisheries Service, US Fish and Wildlife Service and EPA the
Trustees of the Town of Southold and various other constituencies, most of whom visited the site and
confirmed the appropriateness,of this dock with due consideration for the geography anti environmental
resources. We have one remaining approval before we can begin construction of the dock within the
guidelines set forth by all interested parties.
To that end, U would (Idle to explaln why we are buaiddingf they dock. My wife and U have an 8-year-old son
narned Chap and'-a -year-old ,son natnrnr d Chase. It U's our hope that tbo'is dock wM provide aro great deal of
environmental education and outdoor enjoyment for those, two boys annd our faarrillly over the comp ng
years. Chap loves the outer and U"rte, proud to say that he caught his first Striper this sunnnrna r on a top
titer purer while fishing on a kayak just off Race Point. He has been castlrtg unsuccessfully Gaff Dur beach
thi-'s .suantrrnery but way hope is that he rnaroy catch a fish off our new dock next snur'nrtner.. We both enJoy
swinarrnng; Urn front of the house and our Chalk cin narne Just about any rumba, fish or other sea He that he
can find.. We have a 197:3 vintage 13-foot Boston Whaler Montauk unalth a 2.5 horsepower Yarrnalha ernglrne,.
II look forward to tacking my two boys and tlhelr friends nnuaterskling, and tubing behind our Whaler next
summer in Chocorriou.unt Cove if the dock is approved and we.can complete construction before we returrn
to ristters island In June next saurrroru er.. We also have a 30-foot Grady While,but my intentions are to&ceop
that boat at oau( slip at the Fishers Island Yacbit Club and only dock it at the house when the weather is
ideal.We also use the Grady to go Lo o~onnecticrat, Rhode island acrid 1-ong Wand when pa.ubllc aroctess service
passage Is not onvennent,
Fi naall6y, and most riMportantlyy, II b oiieve in open and honest oieummuunlcarotion onrlhiclh is why l am 'writing;UAs
defter. If anybody has any quuestlonsy please do Groot hesitate to call me. l appreciate your attention and
considera akin to multi favorably on t(hu.a application, We have configured arid u-dninirrnized the plea°to reach
the waters where (boating inripacts, are in accordance mdlth perrnittung; standards, consistent mth the.
natural resources in this area which we whole heartteddy support preserving.
DonaldW. Ye,')ung
11.3.3 CS AS18
t3eaduntrdu�u u« e r�ae 6�1sr'av�,r.8�Qur,_.�e�
i
v b
Neville, Elizabeth
From: Tomaszewski, Michelle
Sent: Thursday, August 22, 2019 9:09 AM
To: Ruland,William; Louisa Evans;Jill Doherty- Forward;Jim Dinizio-Forward; Bob Ghosio;
Russell, Scott; Duffy, Bill; Neville, Elizabeth
Cc: Rudder, Lynda; Doroski, Bonnie
Subject: Correspondence: Coastal Erosion Appeal-Young
Attachments: Coastal Erosion Appeal-Young.pdf
Good morning,
Please see the attached correspondence received regarding the Donald W.Young Rev.Trust& Kelly C.Young Rev.Trust
Coastal Erosion Appeal.
Thank you,
Michelle
Michelle L.Tomaszewski'
Secretarial Assistant s
Southold Town Supervisbr's Office'``
Phone: 631-765-1889 Fax: 631-765-1823 f
Your message is ready to be sent with the following file or link attachments:
Coastal Erosion Appeal-Young.pdf
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a
KCE➢VE®
AUG 2 2V2019019
Southold Town clerk
RECEIVED
CHARLES R.CUDDY
AUG 2 z 2019
ATTORNEY AT LAW Southold Town Clerk
445 GRIFFING AVENUE
RIVERHEAD,NEW YORK
�'Iai__irT _r dcliess; TEL: (631)369-8200
P.O.Box 1547 FAX: (631)369-9080
Riverhead,NY 11901 E-mail. chirlescuddy@optonline.net
August 21, 2019
f]D IE
Supervisor Scott Russell
Members of the SUPERVISOR'S MICE
Southold Town Board
TOM OESOUTH0L G
POC, Box 1179
Southold,NY 11971
Re: Donald W.Young Rev.Trust& Felly C.Young Rev. Trust
Off East End Road,Fishers Island
SCTM# 1000-3-2-2
Dear Mr. Supervisor and Board Members:
Keith Neilson has asked me to assist him in connection with a requested variance in a Coastal
Erosion Hazard Area at Fishers Island. As you are aware,Mr.Neilson has completed extensive
engineering work to design a dock which will not intrude into the sensitive eel grass area
adjacent to the Young residence.
The dock application has been approved by the Army Corps of Engineers,the Department of
State of New York and the Southold Town Trustees. Thus, at the federal, state and local level,
reviewing agencies,which certainly were aware of its location, approved the dock. In this
connection, it was surprising to learn that a majority of the Town Board members determined
that this was a"non-essential" structure. There is nothing in Chapter 111 (Coastal Erosion
Hazard Area)and there is nothing in the Purpose provision at Section 111-4 or in the Findings
provision at Section 111-5 that relates to an essential or non-essential structure. This dock is
reasonably necessary to enjoyment of the Young premises,just as a pool or tennis court would
be. Located on a body of water without reasonable access to a boat denies the use and full
enjoyment of waterfront property,particularly where there is no threat to navigation by others.
There is no prohibition on dock constiuction in Chapter 111 of the Town Code. In its carefully
considered SEQRA Negative Declaration,the Town Trustees noted:
"Scope: The proposed dock is comparable to docks on neighboring properties
in an area where docks historically are used for commercial and recreational
purposes". (See attached Environmental Declaration of Significance)
Supervisor Scott Russell
Members of the
Southold Town Board
August 21,2019
Page 2
As indicated,there is no distinction between existing and proposed docks. In fact,the SEQRA
determination precisely corresponds to Town Code Section 111-9 Issuance of a Permit in that the
proposed activity is"reasonable and necessary", "it is not likely to cause a measurable increase in
erosion''and it"minimizes adverse effects on natural protected features" (Chapter 111-9 A, B
and Q.
The construction of the proposed dock will not have any impact on protected water features or
other natural resources, and does not pose a danger to any other facility. This Board's arbitrary
determination ignores that pursuant to the definition of"Unregulated Activity"a dock"removed
in the fall of each year"may be constructed without a variance. The engineering exists for that
removable dock. It can be appropriately constructed. However,in the long term, a permanent
structure is preferable.
Mr.Neilson's record for dock construction is unparalleled, and I submit it is in error to deny a
variance,particularly where it meets the code's requirement, has been approved by other
reviewing agencies, and may be constructed as a removable dock.
Very truly yours,
Charles R. Cuddy
CRC/pc
Enc.
Michael J.Domino,President 5o Town Hall Annex
John M.Bredemeyer III,Vice-President �4 ''' s lam, 54375 Route 25
>z P.O.Bog 1179
Glenn Goldsmith 'F Southold;New York 11971
A Nicholas Krupski Aq, ' Telephone(631)765-1892
Greg Williams y Fax(631)765-6641
bay 1 s s
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
March 21, 2019
Keith B. Neilson, P.E.
Docko, Inc.
P.O. Box 421 ;
Mystic, CT 06355
RE: ENVIRONMENTAL DECLARATION OF SIGNIFICANCE PURSUANT TO NEW
YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT NYCCR PART 617
DONALD W.YOUNG REV. TRUST& KELLY C.YOUNG REV. TRUST
OFF EAST END ROAD, FISHERS ISLAND
SCTM# 1000-3-2-2
Dear Mr. Neilson:
The Southold Town Board of Trustees adopted the following Resolution at a meeting
held-on�UCl•ednesday,T(Ularch 20, 2019: � • ,
DESCRIPTION OF ACTION: Docko, Inc. on behalf of DONALD W. YOUNG REV.
TRUST & KELLY C. YOUNG REV. TRUST requests a Wetland Permit to construct a
±160 linear foot long by 4 foot wide fixed wood pile and timber pier including railings on
both sides, water, and electrical utilities of which ±132 linear feet of the pier to be
waterward of the Apparent High Water Line; install an 8'x20' floating dock supported by
four (4) piles with associated 3.5'x24' hinged access ramp off of seaward most end of
fixed pier; and install-three tie-off piles. Located: Off East End Road, Fishers Island.
SCTM# 1000-3-2-2
S.E.Q.R.A. NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE:
WHEREAS, the Southold Town Board of Trustees are familiar with this project having
visited the site on February 28, 2019, and having considered the plans for this proposed
project submitted by Docko Inc. dated May 30, 2017, showing the proposed dock and
water depths at the Trustee's March 18, 2019 work session; and,
WHEREAS, on March 20, 2019 the Southold Town Board of Trustees declared itself
Lead Agency pursuant to S.E.Q.R.A.; and,
Page 1 of 2
L •'9
Jia •i
WHEREAS, on March 20, 2019 the Southold Town Board of Trustees classified the
application as an unlisted action pursuant to S.E.Q.R.A.; and,
WHEREAS, in reviewing project plans submitted by Docko, Inc. dated May 30, 2017
and water depths it has been determined by the Board of Trustees that all potentially
significant environmental concerns have been addressed as noted herein:
Navigation: The proposed dock meets standards and does not extend beyond ,
1/3 across the water body. Depths for the dock terminus are within Town
Trustees, New York State Department of Environmental Conservation and United
States Army Corps. of Engineers guidelines and there is no recognized
Federal/New York State/Town navigation channel in the immediate vicinity of the
proposed structure.
® Scope: The proposed dock is comparable to docks on neighboring properties in
an area where docks historically are used for commercial and recreational
purposds:
a- Scope in relation to the riparian rights of shellfishers: The plan allows a standard
ramp to float design that will not impede access for those seeking shellfish and
crustacea in season.
® Scope in relation to view sheds: The seaward end of the proposed dock will not
extend appreciably beyond existing docks. As such the perspective will not be
discernibly different from the existing view.
Environmental upkeep: The dock design projects a usual lifespan of 30 years,
with limited pile replacement so as to minimize disturbance of the bottom.
THEREFORE, according to the foregoing, the Southold Town Board of Trustees
Approve and Authorize the preparation of a Notice of Negative Declaration pursuant to
SEQRA for the aforementioned project.
Very truly yours;
Michael J. Domino, President
Board of Trustees
Page 2 of 2
Neville, Elizabeth
From: Neville, Elizabeth
Sent: Monday, August 26, 2019 2:35 PM
To: Burke,John; Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob; Hagan, Damon;Jim
Dinizio; Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder,
Lynda; Russell, Scott; Silleck, Mary;Tomaszewski, Michelle;William Ruland
Cc: Norklun, Stacey; 'Docko Office'
Subject: FW: Letter to Supervisor Russell
Attachments: img-190826141600.pdf
Attached, please find letter received today from Keith Neilson concerning the Coastal Erosion Appeal of Donald W.
Young.
Elizabeth A. Neville,MMC
Southold Town Clerk,Registrar of Vital Statistics
Records Management Officer;FOIL Officer
Marriage Officer
PO Box 1179
Southold,NY 11971
Tel.631765-1800,Ext.228
Fax 631765-6145
Cell 631466-6064
From: Docko Office [mailto:Office@docko.com]
Sent:.Monday, August 26; 2019 2:29 PM
To: Neville, Elizabeth
Subject: Letter to Supervisor Russell
Good afternoon Ms. Neville,
Keith asked that I send the attached letter to your attention. Thanks and have a great day!!
Christina Lopes
Docko Inc.
14 Holmes St
Mystic CT 06355
Tel (860) 572-8939
Fax (860) 572 7569
Office(Wocko.com
ATTENTION: This email came from an external source. Do not open attachments or click on links from
unknown senders or unexpected emails.
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19
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Mr.Scott Russell,Supervisor ,
Town of Southold AUG 2 2 2019 D,
Town Hall
PO Box 1179 SUPERVISOR'S OFFICE
Southold,NY 11971 TOWN OF SOUTHOLD
Re:Donald Young Variance Application
Dear Mr.Russell,
I appreciated the opportunity to make our presentation for the variance on behalf of Mr. Donald Young,
who seeks to install a dock requiring considerations under the Coastal Erosion Hazard Area Management
Program,Chapter 111 of the Town Law and a variance.
One continent that you made concerned me and I think was not fair. Your concern was to the effect of
Fishers Island being overrun with docks and those who have docks can keep them,but future docks would
not be considered for approval under the Coastal Erosion Hazard Area Management Program.
I have conducted a brief aerial photograph survey of Fishers Island and have considered its entire perimeter
and locations where docks have been built. We have done a considerable amount of work for and on these
docks over the last 25 years and have first-hand experience at every one of these sites. Some of these docks
(two dozen or so) have been repaired or rebuilt as a result of Hurricane Bob in 1992. All of them have
withstood the climatic conditions to which they have been exposed over the last 25+years, most of them
with little or no damage even from"Hurricane Sandy".
Roughly two thirds of the docks are in Darby's Cove, Pirate's Cove, along Hedge St. inner West Harbor,
Silver Eel Cove and Hay Harbor.These docks are not within the Coastal Erosion Hazard Zone,so they do
not require a variance. There is a total of about 40 docks within the Coastal Erosion Hazard Zone,all but
two of which are on the north shore.The north shore of Fishers Island has an overall length of 55,000 linear
feet more or less. These 40 docks, along 55,000 linear feet, represent an average dock interval of 1,375
feet. I know that many of the docks are closer together than this and a 500-foot interval seems more
appropriate based on my experience and examination of the attached photograph but clearly these dock
facilities are not crowded or interfering with one another or navigation in general.Boat docking facilities
on Fishers Island serve more than recreational boating because they also provide direct transportation access
to the main land when charters and scheduled ferry service do not.
There are areas where there are more docks and other areas where there are fewer docks,so the interval is
not regular. But having said this,a dock every 500 feet is not overdevelopment;the houses along the Fishers
Island sound coastline are about that far apart,consistent with zoning and at least by that standard,the 500-
foot interval would have to be considered appropriate. In addition, most of these docks have reached a
water depth of four feet,in accordance with DEC permitting standards in some cases more so,the impact
on resources from,sediment disturbance and resuspension is not considered to be adverse or significant.
Water quality impacts are minimal°with this 4 foot water depth.
i
I believe that-indicating that no more new.docks will be allowed on Fishers Island.is not fair to the public w
who desire to own•waterfront property and enjoy waterfront property for water-dependent uses, including ;
,boating. Granted, there are locafions that,are not suitable for dock construction, mostly along the south
shore,but Mr.Young's property is suitable for a dock.In fact there was a dock at this site in the early part
of the.last'century.Some comment was made about the unnecessary dock length,but a length an&alignment
1. have been dictated by the shoreline character and permitting criteria of NY DOS,The Town of Trustees,
the NYDEC and the US, Army Corps of Engineers, and we have met those standards. We have gone to
extraordinary efforts to document eel grass at this proposed dock site for the past'3 years while we have
been undertaking this permit-process and found=the results to be consistent with,results from our original,
survey, Attached for the record are copies'of the photographs we took on Monday August 12,2019 which
we handed`out at the variance hearing.
We have endeavored to work with the existing site characteristics at Mr.Young's property and designed a
dock in an area where the impact=upon environmental resources from building the structure will be
inconsequential and,minimal in terms of boating access to and from the site as confirmed by the photos we
1 took on Monday August 12,2019`and which wefurnished to you at the.hearing.The of the suitability of-a
permanent structure'since the pier.area required to reach navigable water exceeds 200 SF, we addressed Y
fully. Granted, a removable dock could be built at this'site without a _variance since it would not.be ,
considered a regulated structure.-Our opinion is, however, that a tough, fixed,wood pile and timber pier
would be the most ecologically sound and,,appropriate structure for this water dependent use. The
configuration of°the proposed dock is necessary,to:conform to the permitting standards of four other
agencies and we have actively;participated in that.process for.several,years,now. Even in our.recent
conversations•with the•Seagrass-'Coalition,,we havebeen,advised that they support Best Management
Practices for the resource which we have abided by specifically,.F The fact that we have:received permits
from The Town,the USACOE,`and;the NY Department of State attests°to this.
g
I respectfully:request that you reconsider your position and grant this variance request.
r °• f
Very'Truly Yours, 21
Docko,Inc.
°
Keith B.Neilson,P.E.
KBN:cl
CC: Mr..Donald Young
File: 17-03-2822 DONALD YOUNG
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'TIA
CHARLES R.CUDDY
,A,r'r0RNE,'Y AT 11-AW
445GRIFFING AVENIJE
RIVERHEAD,Nf NV YORK
TE L� (631). 69 S- X)
1F 0, Box. 1.547 rAX: (631)'0 9080
Rverliearl,NY 11901. 1.] mJ
August 21, 2019 U�
77 IT, v,ti4
IINI
Supervisor Scott Russell
Members of the S U I i: V
Southold Town Board R)VO[V CF
PO Box 1179
Southold,NY 11971
Re: Donald W. Young Rev. Trust& Kelly C.Young Rev. Trust
Off East End Road,Fishers Island
SCTM# 1000-3-2-2
Dear Mr. Supervisor and Board Members:
Keith Neilson has asked me to assist him in connection with a requested variance in a Coastal
Erosion Hazard Area at Fishers Island. As you are aware, Mr.Neilson has completed extensive
engineering work to design a dock which will not intrude into the sensitive eel grass area
adjacent to the Young residence.
The dock application has been approved by the Army Corps of Engineers,the Department of
State of New York and the Southold Town Trustees. Thus, at the federal, state and local level,
reviewing agencies, which certainly were aware of its location, approved the dock. In this
connection, it was surprising to learn that a majority of the Town Board members determined
that this was a"non-essential" structure. There is nothing in Chapter 111 (Coastal Erosion
Hazard Area) and there is nothing in the Purpose provision at Section 111-4 or in the Findings
provision at Section 111-5 that relates to an essential or non-essential structure. This dock is
reasonably necessary to enjoyment of the Young premises,just as a pool or tennis court would
be. Located on a body of water without reasonable access to a boat denies the use and full
enjoyment of waterfront property,particularly where there is no threat to navigation by others.
There is no prohibition on dock construction in Chapter 111 of the Town Code. In its carefully
considered SEQRA Negative Declaration,the Town Trustees noted:
"Scope: The proposed dock is comparable to docks on neighboring properties
in an area where docks historically are used for commercial and recreational
purposes". (See attached Environmental Declaration of Significance)
Supervisor Scott Russell
Members of the
Southold Town Board
August 21,2019
Page 2
As indicated, there is no distinction between existing and proposed docks. In fact, the SEQRA
determination precisely corresponds to Town Code Section 111-9 Issuance of a Permit in that the
propost;d activity AS "reasonable and necessary", "it is not likely to cause a measurable increase in
erosion" and it"minimizes adverse effects on natural protected features" (Chapter 111-9 A, B
and Q.
The construction of the proposed dock will not have any impact on protected water features or
other natural resources, and does not pose a danger to any other facility. This Board's arbitrary
determination ignores that pursuant to the definition of"Unregulated Activity" a dock"removed
in the fall of each year"may be constructed without a variance. The engineering exists for that
removable dock. It can be appropriately constructed. However, in the long term, a permanent
structure is preferable.
Mr.Neilson's record for dock construction is unparalleled, and I submit it is in error to deny a
variance,particularly where it meets the code's requirement, has been approved by other
reviewing agencies, and may be constructed as a removable dock.
Very truly yours,
Cli, rlcs R. CUdd n
CRC/pc
Enc,
Rudder, Lynda
From: Martin Finnegan <mfinnegan@suffolklaw.com>
Sent: Tuesday,August 13, 2019 7:52 AM RECEIVED
To: Neville, Elizabeth
Cc: Rudder, Lynda;Anna Schweitzer
Subject: Young Coastal Erosion Appeal AUG 1 3 2019
Southold Town Clerk
Dear Supervisor Russell and Members of the Town Board:
This office represents neighboring landowners, Nick Noyes and Jeremy Bogert who are unable to attend today's hearing. ,
Our clients share in the concerns raised by Chic Voorhis of Nelson, Pope and Voorhis and urge the Town Board to
consider the impacts that the proposed dock will have on the eel grass beds in Chocomount Cove. If the Board is inclined
to grant relief from the restrictions of the Coastal Erosion Hazard Law and allow the dock,the alternative configuration
proposed by Mr.Voorhis should be required to mitigate the apparent impacts.
We respectfully request that the record of this proceeding be left open for two weeks for the submission of additional
written comment.
Thank you for your consideration.
Martin D. Finnegan, Esq.
Twomey, Latham,Shea, Kelley, Dubin &Quartararo, LLP
33 West Second Street, P.O. Box 9398, Riverhead, NY 11901 T 631.727.2180 x 265 mfinnegan@suffolklaw.com
www.suffolklaw.com CONFIDENTIALITY NOTICE:The information contained in this e-mail
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8
wa '' NELSON, POPE & VOORHIS, LLC
ENVIRONMENTAL PLANNING CONSULTING
www nelsonpopevoorFhls com
RECEIVE®
August 12, 2019 AUG 1 2 2019
Scott A. Russell, Supervisor and Members of the Town Board
c/o Elizabeth Neville, Town Cleric Southold Town Clerk
53095 Main Road
Southold,NY 11971
Re: Donald Young Dock Application
Chocomount Cove, Fishers Island
NPV No. 18276
Dear Supervisor and Members of the Board:
It is my understanding that you are currently reviewing the above referenced application for a
variance from the Coastal Erosion Hazard Law which prohibits development in the nearshore area.
This letter is provided in opposition to the proposed dock installation referenced above. This
opposition is based on concern for protection of eelgrass present in Chocomount Cove,Fishers Island,
NY based on the presence of eelgrass (Zostera marina) in the Cove and the availability of alternative
length, design and orientation of the proposed dock to minimize adverse impacts to eelgrass as
compared to the currently proposed installation.
It should be noted that eelgrass is critical to the marine ecosystem and has been diminishing as a result
of various environmental and anthropogenic stresses. Significant eelgrass has been mapped in
Chocomount Cove and this area represents some of the healthiest and most significant presence of
eelgrass along the Long Island Sound/Fishers Island Sound estuarine waters, New York State and
lower New England. There is documented concern for the protection of eelgrass in New York State.
According to the New York State Dept. of Environmental Conservation (NYSDEC) website, the
Seagrass Protection Act of 2012 prioritizes the designation of Seagrass Management Areas and
developing Management Plans in consultation with local governments and stakeholders.) The utmost
care and concern must be exercised to properly inventory eelgrass beds and ensure management and
protection of the species.
Furthermore, if permitted, the proposed dock of Donald Young will be located within the Significant
Coastal Fish and Wildlife Habitat designated as critical and irreplaceable habitat within New York
State. Fishers Island Beaches, Pine Islands and the Shallows have been identified as having the most
extensive series of beds of this submerged aquatic vegetation along the New York State shore of Long
Island Sound.Z
Seagrass meadows are highly productive ecosystems that provide refuge, food resources, and
nursery grounds for a number of commercially and recreationally harvested species3. For this
reason the National Oceanic Atmospheric Administration (NOAA) considers seagrass meadows
I https://www.dec.ny.gov/lands/110813.html
2https://www.dos.ny.gov/opd/programs/consistency/Habitats/Longlsland/Fishers_Island_B eaches_Pine_Islands_Sha
llows.pdf
3 Habitat Value Of Natural Versus Recently Transplanted Eelgrass,Zostera Marina,For The Bay Scalwp,
Argopecten Irradians:https://www.st.nmfs.noaa.gov/spo/FishBull/871/smith.pdf
CORPORATE OFFICE HUDSON VALLEY OFFICE
572 WALT WHITMAN ROAD,MELVILLE, NY 1 1747-2189 156 Route 69, Suite C6,SUFFERN, NY 10901
PHONE (631)427-5665 • FAx (631)427-5620 PHONE (845)368-1472 • FAx (B45)368-1572
Donald Young Dock Application
Chocomount Cove,Fishers Island,NY
Supplemental Information for Pending Agency Reviews
as essential fish habitat(EFH). Moreover,seagrass beds are further classified by NOAA as Habitat
Areas of Particular Concern (HAPC) as the serve major ecological functions, are sensitive to
decline and stress from development and are rare habitats4.
The coastal waters of New York have lost extensive areas of eelgrass habitat in past years. Reports
indicate that seagrass habitat has been reduced from approximately 200,000 acres in the 1930 to
approximately 21,000 acres as of 20095. Loss of seagrass habitat has been attributed to multiple
stressors including changes in landscape6. Change in land use, including the addition of hardened
structures such as docks can potentially impact established seagrass beds leading to further decline.
Numerous scientific studies indicate urban structures including docks may affect or change the
biological, chemical and physical parameters of the benthos78. As eelgrass beds are particularly
sensitive to alterations in water quality parameters including temperature, salinity, light
penetration, organic matter concentration, and the presence of pollutants9 the construction of a
structure has the potential to greatly impact submerged aquatic vegetation.
The New York State Department of State has designated Fishers Island Beaches, Shallows and
Pine Islands as Significant Coastal Fish and Wildlife Habitat which contain the most extensive
series of beds of this submerged aquatic vegetation along the New York State shore of Long Island
Sound. The State recognizes this habitat as critical and irreplaceable while acknowledging that
the construction of shoreline structures, such as docks, in areas not previously disturbed by
development may result in the loss of productive areas.
The proposed dock of Donald Young may adversely impact important eelgrass beds. As a result, the
project should be rejected, or reconsidered with respect to design. It is important for the Town Board
to consider an alternate location as a shorter dock path to deep enough water (and better North-
South orientation). A logical option would be to decrease the area of the pier installation needed
to achieve deeper water. A decreased structure size would reduce the physical impact of scouring
related to installation and presence of pilings, and deeper water that would reduce impact of boat
operations (i.e., propeller damage and/or physical contact). Attached is a suggested alternate
location for the dock(see Attachment 1). This location, besides being much less intrusive to the
inner cove, has the following advantages, which I would think would be important to the Town
Board in order to minimize adverse impacts:
• The pier would truly be in a north/south in orientation, and does not "dogleg" oddly to the
northwest; this would create less structure and would provide better sun exposure for the eel
grass growth below the thru-flow deck.
4 https://www.fisheries.noaa.gov/national/habitat-conservation/essential-fish-habitat#essential-fish-habitat-mapper
6 Final Report of the New York State Seagrass Task Force:Recommendations to the New York State Governor and
Legislature.December 2009
6https://www.conservati o ngateway.org/ConservationPractices/Marine/Hab itatP rotectionandRestoration/P ages/South
ern-New-England-and-New-Yorlc-S eagrass-Res earch-Initiative.aspx
Airoldi et al.2005.An ecological perspective on the development and design of low-crested and other hard
coastal defence structures. Coastal Engineering 52:1073-1087.
8 Fonseca MS et al. (2000)Integrating biology and economics in seagrass restoration: How much is enough and
why?Ecol Engin 15:227-237.
9https://www.dos ny.gov/opd/programs/consistency/Habitats/Longlsland/Fishers_Island_Beaches_Pme_Islands_Sha
llows.pdf
Page 2
14AT
Donald Young Dock Application
Chocomount Cove,Fishers Island,NY
Supplemental Information for Pending Agency Reviews
• The pier would be shorter and would reach deep water sooner; this reduces physical impact of
installation and presence of pilings. The pier can also access deeper water than the currently
proposed pier,which would reduce boat use impacts.
• The pier would be in keeping in design and orientation other docks in the area.
I believe the applicant's representative continues to maintain that the proposed pier is positioned
over a small spot that does not have as much eel grass; however, this is not necessarily true. The
request for an independent in-water survey to confirm eel grass occurrence in this location is
reiterated herein.
Please consider this information in your deliberations on the pending permit, and if a permit is to
be issued, please require that the alternative orientation be used to reduce impact to SAV. Thank
you and feel free to contact me if you have any questions.
Respectfully submitted,
NELSON,POPE&VOORHIS,LLC
Charles J. Voorhis, CEP, AICP
Managing Partner
cc: Martin D. Finnegan, Esq., Twomey Latham
Page 3
,11
Donald Young Dock Application
Chocomount Cove,Fishers Island,NY
Comment Letter on Pending Agency Reviews
ATTACHMENTS
Donald Young Dock Application
Chocomount Cove,Fishers Island,NY
Supplemental Information for Pending Agency Reviews
Attachment 1
Alternative Pier Orientation
Fishers Island, New York
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Or-NOYE5 OF
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;
Michael J.Domino,President ° � Town Hall Annex
John M.Bredemeyer III,Vice-President 54375 Route 25
Glenn GoldsmithP.O.Box 1179
Southold,New York 11971
A.Nicholas Krupski Telephone(631)765-1892
Greg Williams " Fax(631)765-6641
OWN
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
March 21, 2019
Keith B. Neilson, P.E.
Docko, Inc.
P.O. Box 421
Mystic, CT 06355
RE: ENVIRONMENTAL DECLARATION OF SIGNIFICANCE PURSUANT TO NEW
YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT NYCCR PART 617
DONALD W. YOUNG REV. TRUST & KELLY C. YOUNG REV. TRUST
OFF EAST END ROAD, FISHERS ISLAND
SCTM# 1000-3-2-2
Dear Mr. Neilson:
SoutholdThe r Trustees t II i Resolution meeting
- el n Wednesday,._ Marc
DESCRIPTION OF ACTION: Docko, Inc. on behalf of DONALD W. YOUNG REV.
TRUST & KELLY C. YOUNG REV. TRUST requests a Wetland Permit.to construct a
±160 linear foot long by 4 foot wide fixed wood pile and timber pier including railings on
both sides, water, and electrical utilities of which ±132 linear feet of the pier to be
waterWard of the Apparent High Water Line; install an 8'x20' floating dock supported by
four (4) piles with associated 3.5'x24' hinged access ramp off of seaward most end of
fixed pier; and install three tie-off piles. Located: Off East End Road, Fishers Island.
SCTM# 1000-3-2-2
S.E.Q.R,A. NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE:
WHEREAS, the Southold Town Board of Trustees are familiar with this project having
visited the site on February 28, 2019, and having considered the plans for this proposed
project submitted by Docko Inc. dated May 30, 2017, showing the proposed dock and
water depths at the Trustee's March 18, 2019 work session; and,
WHEREAS, on March 20, 2019 the Southold Town Board of Trustees declared itself
Lead Agency pursuant to S.E.Q.R.A.; and,
Page 1 of 2
WHEREAS, on March 20, 2019 the Southold Town Board of Trustees classified the
application as an unlisted action pursuant to S.E.Q.R.A.; and,
WHEREAS, in reviewing project plans submitted by Docko, Inc. dated May 30, 2017
and water depths it has been determined by the Board of Trustees that all potentially
significant environmental concerns have been addressed as noted herein:
Navigation: The proposed dock meets standards and does not extend beyond
1%3 across the water body. Depths for the dock terminus are within Town
Trustees, New York State Department of Environmental Conservation and United
States Army Corps. of Engineers guidelines and there is no recognized
Federal/New York State/Town navigation channel in the immediate vicinity of the
proposed structure.
Scope: The proposed dock is comparable to docks on neighboring properties in
an area where docks historically are used for commercial and recreational
purNos0s.
Scope in relation to the riparian rights of shellfishers: The plan allows a standard
ramp to float design that will not impede access for those seeking shellfish and
crustacea in season.
Scope in relation to view sheds: The seaward end of the proposed dock will not
extend appreciably beyond existing docks. As such the perspective will not be
discernibly different from the existing view.
Environmental upkeep: The dock design projects a usual lifespan of 30 years,
with limited pile replacement so as to minimize disturbance of the bottom.
THEREFORE, according to the foregoing, the Southold Town Board of Trustees
Approve and Authorize the preparation of a Notice of Negative Declaration pursuant to
SEQRA for the aforementioned project.
Very truly yours,
Michael J. Domino, President
Board of Trustees
Page 2 of
Docko, Inc. Serving the waterfront community since 1987
P.O.Box 421,Mystic,CT 06355(860)572=8939 Fax:(860)572-7569,email:office@docko.com
� J'
ivE.CEIVED
Ms. Elizabeth Neville
Town Clerk JUL � ����
Town of Southold ;
Southold Town Justice
53095 Rte. 25 Southold Town Klerk
Southold,NY 11971
Re: Donald Young Property, Fishers Island
Coastal Erosion Appeal Application
Dear Ms.Neville:
On behalf of Mr. Donald Young, we enclose herewith a Coastal Erosion Appeal application
package for the dock construction project at his home in Fishers Island Sound on Fishers Island,NY.'
I trust that you will fmd this application package complete and acceptable;please let me know
if the need for further information arises.
Very truly yours,
DOCKO, INC.
h
Keith B.Neilson,P.E.
KBN: kb ?
Enclosure
CC: Mr. Donald Young
File: 17-03-2822 YOUNG
TOWN OF SOUTHOLD
APPLICATION FOR APPEAL TO
THE COASTAL EROSION HAZARD BOARD OF REVIEW
DATE: July 15, 2019 Fee: $250.00
NAME OF APPLICANT: Donald Young
ADDRESS: Private Property off East End Road, Fishers Island,NY
06390
DATE OF DECISION APPEALED FROM: June 19 2019
SPECIFIC CHAPTER/SECTION INVOLVED: Chapter III
THE ALLEGED ERRORS IN THE DETERMINATION ARE:
INTERPRETATION THAT IS CLAIMED TO BE CORRECT:
RELIEF SOUGHT: Allow construction of a permanent, non-movable wood timber pier
of greater than 200 SF in Fishers Island Sound.
*COPY OF THE ENTIRE BOARD OF TRUSTEE FILE INCLUDING ANY
RELEVANT MAPS MUST BE ATTACHED TO THIS APPEAL
SIGNATURE OF APPLICANT
Town of Southold
P O Box 1179
Southold, NY 11971
* * * RECEIPT
Date: 07/16/19 Receipt#: 257956
Quantity Transactions Reference Subtotal
1 Application For Appeal Young $250.00
Total Paid: $250.00
Notes:
Payment Type Amount Paid By
CK#5642 $250.00 Neilson, Keith
Southold Town Clerk's Office
53095 Main Road, PO Box 1179
Southold, NY 11971
Name: Neilson, Keith
Docko, Inc
Po Box 421
14 Holmes Street
Clerk ID: LYNDAR Internal ID.Young
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DONALD YOUNG
COASTAL EROSION APPEAL
FISHERS ISLAND SOUND,FISHERS ISLAND NY
July 15, 2019
Introduction:
The Young family property is located along the north shore of Fisher's Island in waters of Fishers
Island Sound. The structure is to be a fixed wood pile supported wood timber pier. It has been
decided that the pier would be constructed in the footprint of a pier which existed at this location
prior to the Hurricane of 1938., and permits were applied for to the State of New York, both
Department of State and Department of Environmental Conservation, the U.S. Army Corps of
Engineers, and the Town of Southold. Permits have been issued by the Department of State and
the U.S. Army Corps of Engineers and copies are attached for your review. In addition,the Town
of Southold Board of Trustees has approved the Tidal Wetlands Permit for the construction of this
dock facility. Each one of these permits has acknowledged the occasional exposure of this site to
adverse sea conditions and the susceptibility of the Fishers Island shoreline to erosive and
damaging forces. The respective agencies have accepted the pier design as adequate and
appropriate considering these factors.
Variance Request:
The dock facility is defined as a structure in Chapter 111 of the Town of Southold Code, Coastal
Erosion Hazard Areas.The area of the dock facility exceeds 200 SF in order to meet the regulatory
and policy requirements of the State, federal and local permit agencies and, therefore, this dock
construction activity is not"unregulated" and must conform to the Coastal Erosion Hazard Area,
factors for consideration notably,being removable.
A variance to Chapter 111 is respectfully requested because of the nature of the project and the
demonstrated history of other docks in this area, the structural stability and effectiveness of this
dock facility required for the climatic and sea conditions which are experienced at this site. Since
the pier exceeds 200 SF it must be removable by code. This requirement for a "removable"
structure is contrary to proper facility design and construction and would be detrimental to the
environment and resource conservation.
Article 34 of the New York State Environmental Conversation Law, which is the basis for the
establishment of the Town of Southold Coastal Erosion Hazard Program has been reviewed in the
preparation of this document.
Proiect Impacts:
The construction scope of work and method to be utilized in this project are specifically to protect
the structure against damage from waves and to preserve existing coastal features, as well as
coastal resources, specifically eel grass which grows around the pier but not in the area of the pier
head. Access and staging considerations are also compatible with these two goals. The barge to
conduct work will be relatively light in draft,approxifnately two to three feet.The water depth will
allow the barge to approach within 50 feet of shore,which is the reach of the crane. The barge will
not contact the bottom during any portion of the construction, and the barge will be relocated at
higher tides to remain clear of the existing eel grass beds in and around the project site. There is
no removal of soil in the proposed, scope of work, and there is no alteration of the shoreline is
proposed.
Most of Fisher's Island's waters are recognized as valuable fish habitat. This design has,
endeavored to occupy the same exact footprint as the pier that existed at this site prior to the
Hurricane of 38', as shown in the attached photos. The driven piles will maintain waterflow and
circulation, as it compared to the cribs of old. Existing tidal wetlands at the shoreline will be
unaffected by construction and usage of the pier and only minimally by the actual physical impact
of the pile driving: The pier height is being established at about 8 feet above mean low water, for
most of the length of the pier which has a north-south alignment which will allow sunlight to enter
from,the east or west side of the pier during most of the day. In addition,the"Thruflow" decking
utilized as the walking surface is perforated as to allow an effectively 60%of sunlight to reach the
water column and bottom sediments beneath the pier, based by studies utilized by the NYSDEC
during the approval process of"Thruflow"decking.
This project will result in no loss of waters as defined in U.S. Army Corps of Engineers General
Permit Number 3, under which this project has been received by the U.S. Army and the project
was approved. This reconstruction process represents minimum encroachment into the
navigational waters of the State and waters deep enough to minimize bottom impacts due to
shading and propeller drive systems.
The most significant concern with the project came from the New York DEC. At first there was a
strong preference by the owner to have a floating dock but all three permitting agencies preferred
a fixed pier to the floating dock option.
There are only minimal known remains the old dock(crib framing and the field of stone used for
fill) or artifacts of archaeological significance. The shoreline of Fishers Island Sound has been
eroding for decades based on the number of rocks in the shallow inter-tidal zone and sub-tidal
zone, the shoreline historically was out further as much as a hundred feet or more to what is now
the north edge of the tidal wetlands vegetation. There are no known endangered species in the
project area.
Compliance with Existing Standards:
This construction project has been determined to be compliant with new policies related to the
preservation and enhancement of eel grass beds, as indicated by the review by the Army Corps of
Engineers, who's consultation normally includes the National Marine Fishery Services (NMFS).
The pier will be pile supported,with piles in bents or pairs,at 10-foot intervals."Thruflow"(slotted
plastic) decking will be used for the full length of the pier. This decking will have two benefits;
allow sunlight to pass through the decking and into the water column and by providing relief from
hydrostatic (wave) forces to maximize pier resilience and minimize wave uplift forces which
generally damage piers.
Embedded stone in the benthos is to remain, as requested by the DEC. This will maintain existing
benthic habitat as is.
Structural Considerations:
In accordance with the policies of the National Marine Fisheries Service, piles will be 12 inches
in diameter at the point of contact with the water, and no larger. It is anticipated that these piles
will be 12-inch Class B pressure treated southern yellow pine. The New York State Department
of Environmental Conservation conducted an extensive study in 2000 and determined that such,
piles are recognized as essential to the long-term structural stability of marine structures and has
indicated that the environmental impacts of such treated piles are minimal and consistent with
DEC environmental policy.
The structure will be fastened together with double 3/ inch bolts at each pile bent split cap and
cross brace, each of which will be 4x10 timbers. The decking will be supported with 3 x 10
stringers at 16-inch centers as required by the decking. The outside stringer will be bolted to the
piles. Decking will be screwed down with two screws per stringer.
With regard to structural integrity, the 12-inch piles will be driven to a depth of 10 to 15 feet of
embedment, with a bearing capacity of 20 tons, and a pull-out resistance of 10 tons for each pile.
The deck elevation will keep the bulk of the structure above the wave zone for standard conditions
of high tide, plus one-foot storm surge, plus three-foot waves. In cases of severe coastal storms
and hurricanes,there are more significant(three foot) surge tides and the deck will be below most
of the wave energy.
The strength of each bolted connection of timbers to the pile is in excess of a ton. Therefore, the
total uplift force exerted on the decking and the framing should be well within the capacity of each
of the bolted connections. The longstanding nature of nearby structures (Firestone Boat House,
Roosevelt dock, Spurtle and Charpentier existing docks)and their survival through notable coastal
storms since the 1950s,including Hurricane Donna in 1965,The Blizzard of 78',Hurricane Gloria
in 1985, Hurricane Bob and the Halloween Storm (Perfect Storm) in 1992, Hurricane Floyd in
1999, Hurricane Irene in 2011 and Hurricane Sandy in 2012, and five nor'easters in March/April
of 2018 give testament to the appropriateness of historic dock building standards.
Turbidity will be minimal. The bottom sediments are sandy gravel with stone and rock and the
area of contact of the piles is approximately 3/4 of a square foot per pile. This results in a bottom
sediment impact area of less than 50 square feet for this structure based on pile contact.
Chapter 111 requires that a dock facility over 200 SF be removable. In order to make a dock
removable it must be built of fairly lightweight materials with minimal embedment which can be
removed seasonally or in advance of danger, and yet firmly founded and fastened so as to provide
stable support even considering berthing forces and incessant rhythmic loading due to wind and
wave. Such conditions can be accommodated in protected bays and estuaries such as Gardner's
Bay, Long Beach Bay and Orient Harbor. Long Island Sound and Fishers Island Sound,however,
are not mentioned in Section 111-5 A, and see forces to be reckoned with. Piles for support and
their bracing elements are essential components for these more severe exposures. These piles can
be pulled up by significant storm driven waves and so they must be driven deep and therefore they
must be tough enough to handle the driving forces of installation, the resistances for deformation,
and resistance to pulling out.These very attributes make removal infeasible.Even if it was feasible,
repetitive pile driving and extraction would decrease the support capability of the sediments and
render the structure more likely to be damaged.In order to make the pier less susceptible to damage
in severe storm conditions of the surge tide and waves, the pier height will be kept as low as
practical and permittable so that these worst case storm conditions will have their most damaging
energy over the top of the pier rather than striking the pier directly. To have to make this pier
removable would not be environmentally, physically or economically appropriate; this is the
hardship created by Chapter 111.
A pre-construction notice will be issued in accordance with each of the respective permits. It is
anticipated that work will be avoided between March 1 st and June 30th of each year,in accordance
with standard permitting conditions.
This project conforms to all existing agency terms and conditions for construction and maintenance
of a dock facility structure. It also accommodates stated preferences of permitting agencies,
including the NY DEC,NY DOS, USACE and the Town Trustees.
Summary,
The emphasis of Chapter 111 is to regulate development activities and to implement standards
which will help to minimize and prevent damage to natural protective physical site features as well
as manmade structures from coastal flooding and erosion and to protect natural resources and
human lives.
Adjacent dock facilities have withstood the test of time and,in the case of the Firestone Boat House
and Roosevelt dock, pre-existed this chapter by 35 years. The Young pier faces into the most
frequent climatic forces and will continue to do so. The pier will have attributes which will help
to maintain environmental quality in general,and specifically to minimize adverse impact potential
for eel grass.Three regulatory agencies,including the Town Trustees,have issued permits for this
pier construction project acknowledging structure attributes required for the stressful site and sea
conditions while preserving and protecting the environmental resources at the site and how the
resources will benefit from the design features and materials specified for use in the construction.
We have prepared the variance request based on the factors for consideration in section 111-9:
A: The pier construction project is reasonable and necessary for boating access beyond the
inter tidal field of boulders. The structure will be suitably stout and environmentally appropriate
in view of current resource protection standards.
B: The structure will not cause a measurable increase in erosion at the Young property or
at adjacent properties.
C: The features of increased height of the approach ramp, initial pier height and use of
"Thruflow" decking will maintain environmental and habitat quality in accordance with current
State, Federal and Town standards for approval. The use of open grate decking and piles for
support will maintain light transmissivity to the bottom sediments and will also maintain water
flow and circulation. The decking will not focus rainfall runoff in a manner which might induce
erosion. It is agreed by the permitting agencies that these features will not significantly degrade or
adversely impact the environment and habitat quality of the Sound.
This project complies with the provisions of the US Army Corps of Engineers,NY DEC, and NY
DOS programmatic standards as well as the requirements of the Town's Tidal Wetlands Law. The
dock structure is larger than 200 SF but will not be any larger than necessary. In order to be in
compliance with the codified regulations and recommend best management practices in these site
conditions the structure cannot be removeable. A variance to the provisions of Chapter 111 is
respectfully requested so that the Coastal Erosion Permit can be issued for this project by the Town
of Trustees. No public funds will be expended in the course of completing this project.
Respectfully Submitted,
Docko, Inc.
Keith B.Neilson, P.E.
Michael J.Domino,PresidentTown Hall Annex
John M.Bredemeyer III,Vice-President '` 54375 Route 25
P.O.Box 1179
Glenn Goldsmith r Southold,New York 11971
A.Nicholas Krupski Telephone(631)765-1892
Greg Williams Fax(631) 765-6641
C�U
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
June 28, 2019
Keith Neilson, P.E.
Docko, Inc.
P.O. Box 421
Mystic, CT 06355
RE: DONALD W. YOUNG REV. TRUST& KELLY C.YOUNG REV. TRUST
OFF EAST END ROAD, FISHERS ISLAND
SCTM#1000-3-2-2
Dear Mr. Neilson:,
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, June 19, 2019 regarding the above matter:
WHEREAS, Docko, Inc. on behalf of DONALD W.YOUNG REV. TRUST& KELLY C. YOUNG
REV. TRUST applied to the Southold Town Trustees for a permit under the provisions of
Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, application dated
October 1, 2018, and,
WHEREAS, said application was referred to the Southold Town Conservation Advisory Council
and to the Local Waterfront Revitalization Program Coordinator for their findings and
recommendations, and,
WHEREAS, the LWRP Coordinator recommended that the proposed applications be found
Inconsistent with the LWRP, and specifically Inconsistent with the following coastal policies:
Policy 4.1 - Minimize losses of human life and structures from flooding and erosion hazards,
Policy 6:3—Protect and restore tidal and freshwater wetlands, arid,
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on
March 20, 2019, May 15, 2019 and June 19, 2019, at which time all interested persons were
given an opportunity to be heard, and,
WHEREAS, the Board members have personally viewed and are familiar with the premises in
question and the surrounding area, and,
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
WHEREAS, the proposed structure, as applied for, is located in a nearshore area as per
Definitions in Chapter 111 Coastal Erosion Hazard Areas of the Town Code and governed by
Section 111-11 C. All development is prohibited in nearshore areas unless specifically provided
for by this chapter, and as per Chapter 111-6 Definitions - Unregulated Activity—docks, piers,
wharves or structures built on floats, columns, open timber piles or other similar open work
supports with a top surface area less than 200 square feet or which are removed in the fall of
each year, and,
NOW THEREFORE BE IT
RESOLVED, that for foregoing reasons, and because the proposed action is located entirely
within the coastal erosion hazard area and in a nearshore area, and because the.proposed
action is not permitted in such areas pursuant to Chapter 111 of the Town Code, that the
Trustees deem the proposed project to be impermissible under Chapter 111, and,
BE IT FURTHER
RESOLVED that for the foregoing reasons, the Board of Trustees DENIES WITHOUT
PREJUDICE the Coastal Erosion Permit application of DONALD W.YOUNG REV. TRUST&
KELLY C. YOUNG REV. TRUST to construct a 200+/-ft.x4ft. wide fixed wood pile and timber
pier including three tie-off piles with tide slides, rails, grate decking and water/electric utilities, of
which 172+/-ft is waterward of the apparent High Water Line. The 200+/-ft is including the 28+/-
ft fixed ramp; and as depicted on the revised site plan prepared by Docko, Inc., received on
June 27, 2019 and stamped approved on June 28, 2019.
This determination should not be considered a determination made for any other Department or
Agency, which may also have an application pending for the same or similar project.
Ve X ,-truly yours,
John M. Bredemeyer, Vice-President
Board of Trustees
DH/dd
Michael J.Domino,President OF 5 Town Hall Annex
54375 Route 25
John M.Bredemeyer III,Vice-President
P.O.Box 1179
Glenn Goldsmith "' Southold,New York 11971
A.Nicholas Krupski -:. ,,' Telephone(631) 765-1892
Greg Williams Fax(631) 765-6641
BOARD OF TOWN TRUSTEES
June 28, 2019 TOWN OF SOUTHOLD
Keith Neilson, P.E.
Docko, Inc.
P.O. Box 421
Mystic, CT 06355
RE: DONALD W. YOUNG REV. TRUST & KELLY C. YOUNG REV. TRUST
OFF EAST END ROAD, FISHERS ISLAND
SCTM# 1000-3-2-2
Dear Mr. Neilson:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, June 19, 2019 regarding the above matter:
WHEREAS, Docko, Inc., on behalf of DONALD W. YOUNG REV. TRUST & KELLY C.
YOUNG REV. TRUST applied to the Southold Town Trustees for a permit under the
provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the
Town of Southold, application dated October 1, 2018, and,
WHEREAS, said application was referred to the Southold Town Conservation Advisory
Council and to the Local Waterfront Revitalization Program Coordinator for their findings
and recommendations, and,
WHEREAS, the LWRP Coordinator recommended that the proposed application be
found Inconsistent with the LWRP, and,
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said
application March 20, 2019, May 15, 2019 and June 19, 2019, at which time all
interested persons were given an opportunity to be heard, and,
WHEREAS, the Board members have personally viewed and are familiar with the
premises in question and the surrounding area, and,
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
WHEREAS, the structure complies with the standards set forth in Chapter 275 of the
Southold Town Code,
2
WHEREAS, the Board of Trustees has furthered Policies of the Local Waterfront
Revitalization Program to the greatest extent possible through the imposition of the
following Best Management Practice requirements by the applicant's submission of
revised plans for a pier only with thru-flow decking; and
WHEREAS, the Board has determined that the project as proposed will not affect the
health, safety and general welfare of the people of the town,
NOW THEREFORE BE IT,
RESOLVED, that for the mitigating factors and based upon the Best Management
Practice requirement imposed above, the Board of Trustees deems the action to be
Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5
of the Southold Town Code, and,
RESOLVED, that the Board of Trustees APPROVE the application of DONALD W.
YOUNG REV. TRUST & KELLY C. YOUNG REV. TRUST to construct a 200+/-ft.x4ft.
wide fixed wood pile and timber pier including three tie-off piles with tide slides, rails,
grate decking and water/electric utilities, of which 172+/-ft is waterward of the apparent
High Water Line. The 200+/-ft is including the 28+/ft fixed ramp; and as depicted on
the revised site plan prepared by Docko, Inc., received on June 27, 2019 and stamped
approved on June 28, 2019.
Permit to construct and complete project will expire two years from the date the permit,
is approved. Fees must be paid, if applicable, and permit issued within six months of
the date of this notification.
Inspections are required at a fee of$50.00 per inspection. (See attached schedule.)
Fees: $50.00
Very truly yours,
n;titJ,,B�redemeyer
Vice-President, Board of Trustees
DH/dd
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BOARD OF SOUTHOLD TOWN TRUSTEES :
�- SOUTHOLD, NEW YORK
I PERMIT NO.9474 DATE: :?kA19":10,19,
ISSUED TO: DONALD W.YOUNG R.EV..TRUST & KELLY C.YOUNG REV.TRUST
PROPERTY ADDRESS: OFF EAST'END RO D,,:1'ISHERS°ISLAND-
SCTM# 1000-3-2-2 `
" AUTHORIZATION
��• 3! Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in
a i accordance with the Resolution of the Board of Trustees adopted at the meeting held on June 19;'2fk19, and in
consideration of application fee in the sum of S,250,0 paid by:bcinald W,,:
R&,6 Trust and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of J
. Trustees authorizes and permits the following:
1<3 Wetland Permit to construct a 200+/-ft.x4ft.wide fixed wood pile and timber pier including
three tie-off piles with tide slides, rails, grate decking and water/electric utilities, of which
. 172+/-ft is waterward of the apparent High Water Line. The 200+/-ft is including the 28+/-ft i 5 '
fixed ramp; and as depicted on the revised site plan prepared by Docko,Inc.,received on June
27,2019 and stamped approved on June 28,2019.
r; p 1N WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed,
` and these presents to be subscribed by a majority of the said Board as of the 281h day of June,2019.
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TERMS AND CONDITIONS
The Permittee Qbnald W Youitg-1 6V-.,Trust and'I�etl!Q-*� 7ini9"Agy.:I'rustr re4dri�1ra,�aff'
East End Road.,Fishdtg Island.New York,as part of the consideration for the issuance of
the Permit does understand and prescribe to'the following:
1 That the said Board of Trustees and the Town of Southold are released from any and all
damages,or claims for damages, of suits arising directly or indirectly as a result of any
operation performed pursuant to this permit,and the,said Permittee will,at his or her own
expense,defend any and all such suits initiated by third parties,and the said Permittee
assumes full liability with respect thereto,to the complete exclusion of the Board of
Trustees of the Town of Southold.
2,; That this Permit is valid for a period of 24 months,which is considered to be the estimated
time required to complete the work involved,but should circumstances warrant,request for
an extension may be made to the Board at a later date.
3.1 That this Permit should be retained indefinitely, or as long as the said Permittee wishes to
maintain the structure or project involved,to provide evidence to anyone concerned that
authorization was originally obtained.
4. That the work involved will be subject to the inspection and approval of the Board-or its
agents,and non-compliance with the provisions of the originating application may be cause
for revocation of this Permit by resolution of the said Board.
51 That there will be no unreasonable interference with navigation as a result of the work
herein authorized.
6. That there shall be no interference with the right of the public to pass and repass along the
beach between high and low water marks.
7. That if future operations of the Town of Southold require the removal and/or alterations in
the location of the work herein authorized, or if, in the opinion of the Board of Trustees,
the work shall cause unreasonable obstruction to free navigation,the said Permittee will be
required,.upon due notice,to remove or alter this work project herein stated without
expenses to the Town of Southold.
8. That the said Board will be notified by the Permittee of the completion of the work
authorized.
91 That the Permittee will obtain all other permits and consents that may be required
supplemental to this permit,which may be subject to revoke upon failure to obtain same.
10, No right to trespass or interfere with riparian rights. This permit does not convey to the
permittee any right to trespass upon the lands or interfere with the riparian rights of others
in order to perform the permitted work nor does it authorize the impairment of any rights,
title, or interest in real or personal property held or vested in a person not a party to the
permit.
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SEIZ inTS)MAY—leelok :
L'.. o.AD 10NNG PRDPERr 'OWNERS:
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NCHOLAS B.$TALBOTT NOYES H L FERGL SON MUSEUM W.
JUN 2 7 2019 do ANN NOYES ATTR PERCr--RAFFMY MRSCrOR
103 CODUDGE ROAD PO BOX 54
CONCORD°MA 01742 P—c iEFLS ISLAND,NY 053990
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WA•TE3ZWAY FEHE3;9 ELAND SOUND
I REVISED 10.3x7 DEC DATE MAY 30.2OU ;,fl.0
CA DOCKS N AREA APRZ.A T DONALD YDUNG
' REVISED 4-3-19
1^ ' PROUEGT DESCRlPnON AGENT 5F IEET 1 OF 3
INC-
C ,Keith B.Ndbark PE
:Bu t FA{X'860 5T17569 DWG V-03-7871
DEPARTMENT OF STATE
ON,E COMMERCE PLATA ANDREW M, CUOMO
99'WASHIMGTO i N Al iNU'k POVER14PR
ALBANY,NY 1223'1-0001
WWW.DO$,NY.G0V- R Q'S t A NA, $X'D 0
SECRETARY OF STATE
Mr; Keith Neilsdh 'Febru6r��21,'2018
Dockq, inc.
PO Box 421
Mystic, CT 06355
Re: F-2017o.0781
U.S. Army Corps of'Engineers/New'York,District
Permit.ApplicafiqP—Youngl`roperty Dock
alUiIJ timber pier;ramp, float, and tip-off piles.
Off'East End,Road
Fishers Island,Town of Sopthold, Suffolk County
Condiflonal C-oitictfirrevee with Co nsistenev
Cgirtirleati0i
Dear Mr-. Neilson:
The Department of-State (DOS)has completed.its review of the consistency certification and data and
-inf6rmation fbr-the above referenced
proceeding in accordance With the federal Coastal Zone'Management'A'd
(CZMA). Pursuant to IS CFR§§ 930.4 and 9A*62,DOS conditionallyconctifs)with the'consisterc Y
certification for the project under,theeipplicAble,policies of the New York'State Co ' Management(CMP). astal Mgement Program
The siting of such projects within the New York,.State
Coastal area.requires due,consideration he giveh
to applicable New`York State Coastal Policies. The avoidance and,mi'mimization measures
proposed by the
applicant And the conditions enumerated herein,wl the ensure-that ih project can prNeed in.A,manner that 1sTu lv
consistent.With the enforceable policies of the CMP.
1. STAT
. VTORYFRAMEWORKYOR CONSISTENCY REVIEW
The Coastal Zone Management Act-(CZMA)authorizes a coastal state to review,federal agency
activities in ori outside,ofthe coastal zone affecting.any land or water use or natural resource of the coastal'zone
for their consistency with the,enfotce ,
'able,policies the state's approved Coastal Management Program (CMP).
.
Under,this regulatory AamewQrk,for federal authoritative actions;the state coastal agenqy'cAn concur with,
conditionally concur with; or lobieict,anapplicant's consistency certification for a,project. in this matter, DOS:has conditionally concurred with the certification. This project is located within the,Town of Southold Local
Waterfront Revitalization PrOgtarn(LWRP)-boundary'so the federal consistency review will be completed
using the coastal policies ofthhi local program,
Withih.30 d4y5,of receipt of the conditional concurrence-Pursuant to 1.5 CFR §§ 930.4 and 930.62, the
applicant must amend its federal application(s)to include the State-'s conditions. The Federal agency or the
applicant shall immediately notify the DOS if the conditions-are'not acceptable. If the condition set forth in
Section V is mei,the federal agencies-earl proceed to make decisions ori amended applications that,ificorporatp,
the condition. If application is not'ameaded,or'dither,the Federal agency or-the applicant notifies DOS that
the conditions are not accepted, the-conditional concurrence will bd'c6fisid6Tqd-an
objection..
f:Q11E ff yo '( 1, 11 1partnieftt
sTA�F OF � Dt
Qp O�TUWJTY,
of'StAtd
It Me conditional concurrence is considered to be an objection, then pursuant-to 15 CFR §930.63(p), the
applicant has the,opportunity to appeal the objection to the US Secretary of Commerce within 30 days after
receipt of the conditional concurrence. In,order to grant an override,request, the Secretary rnustflnd that the.
activity is consistent with the objectives or purpose's of the Coastal.Zone Management Act,or is necessary in
the,interest of national security. A copy,of the request and supporting information must be sent to the New York
State Coastal Management'Progfam andthe federal permitting or licensing ici
e� ng agency.The Secretary,may collect,
fees from you for adn�ini8tering and.processing Your request.
11. 9UBJECT OF THE REVIEW
Donald Young,is proposing to,construct 1.50'fodt by 4 Biot wide fixed wood pile and,timber pier
including rallsand water/electric utilities'at his:property on East End Road(Tax,Map Ib 10.001-2=2)'on,
Fishers Island, in the Town of Southold Suffolk,County.'In addition.Mr. Young proposes to install an 8,foot by
20.-foot float with access ramp and three tie-dffpiles at the waterw' #' d- 'end,of the-proposed pier, The stated
-purpose of the proposed strueture is to provide,for recreational boating.The project-would occur within the
boundary of the Fisherg Island Beaches, Pine.Islan4s,and,Shallows Significant-Coasthi Fish and Wildlife
Habitat(SCF
I& APPLICATIONS FOR I=VLATORVAPPROVALS
On August 21,, 2017,the Department of State,received Mr. Young's Federal Consistency Assessment
Form (FCAF), consistency certification and certain supporting information regardin 1he Project-a copy of
Which was'filqd concurrently vitti their, J6itft,Application to both the New,York State Department of
Environmentlal,,'Con5e.r-vatiloln (I)E%hfid,ik United Stat6s Army Corps Of Engineers"(ACRE). On September.
IS, 2011, DOS,,*.as provided with,a' 6" "pleted'Essd#tiaj Fish HabitaiAss�qssrA6nt,.Woiksheet, as required by
om
ACOE, as well as modified site plans making,minor.changing to the length-and,hei
I ght of the proposed pile,
supported pier to minimize impact to eel grass beds,in the vicinity of the proposed structure.
IV. COASTAL POLICY ANALYSIS
Tom of Southold Local Waterfront Revitalization Policy 62',-Prolect and restore�,Slgnfflcant Coastal
Fish and Wildlife Habitais,
The project would occur within the Fishers Island Beaches, Pine Islands and Shallow's SCFWH. The
location and design offlid,proposed structure and tk.modifications,to,the initials,plans reduced some-of the
potential impacts to known eel grass beds.However there still remains potential for the
SCFWH to be impacted
during-the construction of the structure. In particular,colgrass beds play an important ecological role.in the
habitat a§,docum erited in the habitat narrative:
The 2002 U.S. Fish&Wildlife Service,eelgrasg-(Zosterd marina)survey for Eastenitong�Island
Sound, Connecticut;and-New York has documented.
moderate to I heavy densities of this.submerged
aquatic species-within much,of the marine.shallows areas along the north shore of Fishers Island.
Eelgrass beds range atdepths from-4.5 to 14 feet at mean low water;about 194 acres of beds have
been documented and mapped. Eelgrass meadows providecritical habitat for a great diversity of
aquatic species, including numerous finfishi,shellfish, and crustacean species, These,eelgrasg
'
meadows represent the only substantive populations of this specks along the New York State
shoreline portion of Long.,Island Sound. Historically,eeigtass beds were documented along,the
south,short of Fishers Island as Well as within some of islAft&s^coves and harbors. According to the
survey results, these sites no longer support eelgrass beds.
See.F ishers.•Island Beaches,Pine Islands and Shallows 8CFWH ii&rative at p,3.
http-://www.dos,.ny.gpv/opd/pt!)gr4ms/dotisistency/Ha.bitats-/Longlslati'd/Fishets Island_Beaches Pine islands ShalloWs.pof
"_t4,VA1%191 A XAxv 40L"UL,3 cul"'%J11(U1VVV0 01-1' VVII 11allaUVU 4MM5 LJUUKN THUY DC
detrimental to eelgrags beds because df'shading,and review ofany proposed new docks in tW,habitat arta
should be conducted with,potential impacts to eel
grassfully considered."2Injap 11
applying the required habitat
impairment testi a-d'etermination Ofconsistencywith this polifcy shall be that thd proposed project shall not be,
undertaken,if'such detion,would destroy the habitat,or significantly, impair the viability of a habitat.3;
CONDITONS
As described in the applicant's ACOS application for MA §4,04/Rivers and Harbors 0 permits, the
project with the proposed modification so,forthin the September 18, 2017 correspondence would not be.
consistent enfaceable,coastal policy 6.2�in the
Town of'Southold LWRP,. DOS has developed aconditiorr that,
if adopted,by the.-applicant,pursuant to 15 CFR, 930'4,would allow the project to be I found consistent;This
condition-is-that:
All 16-water work'related to the construction of the proposed structural'will take place
outside of the eel' 8 season from, t 15 to,October 34 in any given year. This
grass-growing sp� Q
condition,is necessary to avoid impacts to eel grass located in the Fishers',i§land Beaches,
Pine Islands and Shallows.SCFWli and"to avoid a finding of inconsistency with coastal
policy 6.2.
As proposed,the structure for the Ydung"sptoperty 'lslikbly-toh-aveqdveiisoeffects,onCqast;tl'Polfe.y
-6.2 of the,Town of Southold LWR-P-. The SQFWH requirements,.
Vvhdri combined with the condition set forth
above as appliedsp&ifically*to this proposedprcjec' for-q.findingof"consisten6y" i
are necessary. with coastal
policy 6x'2.:The applicant's 4ccqpt6nd6-of ilie,above condition,and,modification of the ACO'8 application to
include this-condition,will ftifther rninimite-tiny potential'impacts to eel grass beds in vicinity of the proposed;
-project'l.
VL CONCLUSION
The project is found consistent with the-ehforceable policies contained-Within the New York State
Coastal Management Plan subject,to�the con' d'ition identified in this document, Should the presented-d c"' '
notbeacceptable, this�condltidnAl concurrence shall be treated-as an objection as the proposed activity,would
not be consistent with the Town of,Southold * ' -
Lomtibn Waterfront Revitalization Program Policy 6.2.
6$nq4el
S C '
e4geor,v L.,CJ
ry L.,Capobianco
Office of Planning,Development and
CommiAnity infrastrutture
GLC/dn
etc: COE/New'York District,Lisa (NA.Orudii ski
I M N40117-01018-EME)
NYSD9C/fkegio -4738-04558)
� I Rodger Evans(i
TdLvn of Southold LWRP-Mark Terry,
2 Id' at 4.,
-1 Id.ai 5',