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HomeMy WebLinkAbout1000-2.-1-14.1 OFFICE LOCATION: ��rl SOUTyQ MAILING ADDRESS: P.O. Box 1179 Town Hall Annex h0 l0 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631765-1938 Southold, NY 11971 • �O coufm LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino,.President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date: March 19, 2019 Re: Request for a Wetland Permit and a Coastal Erosion Permit for LCMG FINY, LLC, c/o LESLIE GOSS SCTM# 1000-2-i-14.1 Docko, Inc. on behalf of LCMG FINY, LLC, c/o LESLIE GOSS requests a Wetland Permit and a Coastal Erosion Permit to retain and reconstruct±151 linear feet of existing 8' wide fixed wood pier with handrails on each side, of which ±120 linear feet is waterward of the AHWL; install 32 new pier support piles; maintain the landward most stone-filled timber pier support crib; remove the outermost four (4) support crib timbers; replace three (3) tie-off piles and install one (1) new tie-off pile. Located: 3773 Clay Point Road, Fishers Island. SCTM# 1000-2-1-14.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is INCONSISTENT with the below listed Policy Standards and therefore is INCONSISTENT with LWRP. 4.9 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested. A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. --� _.-_--- —-The-proposed-dock structure-is-within-the-coastal-Erosion-Hazard_Area-(GENA):-_AN-- - -- - development is prohibited in the nearshore area pursuant to11§ 1-11. unless specifically provided for by Chapter 111, COASTAL EROSION HAZARD AREAS. Pursuant to § 111-6, allowable activities in these areas may include open timber piles or other similar open work supports with a top surface area of less than 200 square feet which are removed in the fall of each Year. The proposed action is prohibited in the nearshore area pursuant to Chapter 111, COASTAL EROSION HAZARD AREAS as it is not removable. § 111-6. Definitions. UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area of less than 200 square feet or which are removed in the fall of each year;normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program;planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes, routine agricultural operations, including cultivation or' harvesting, and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law,provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction,or placement of a structure. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee, permit conditions. It is recommended the Board assess the dock structure to § 275-11 Construction and operation standards C. 2 (d) of the Southold Town Code; in particular: (61 Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; 11 The dock structure is proposed in the New York State Significant Coastal and Fish and Widlife Habitat Area/ NYSDEC Critical Environmental Area. At the discretion of the Board of Trustees, any operations proposed•in critical environmental areas (§ 275-2) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of structures, and increasing the width of non-disturbance buffers. Alteration of tidal patterns in the Fishers Island Beaches, Pine Islands, and Shallows habitat could have negative impacts on the fish and wildlife communities present. Construction of shoreline structures, such as docks and piers in areas not previously disturbed by development may result in the loss of productive areas which support the fish and wildlife resources of the Fishers Island Beaches, Pine Islands, and Shallows habitat. Unrestricted use of motorized vessels including personal watercraft in the protected, shallow waters of this habitat can have adverse,effects on aquatic vegetation and fish and wildlife populations. Use of motorized vessels should be controlled (e.g., no wake zones, speed zones, zones of exclusion) in and adjacent to the area's shallow waters and vegetated wetlands. Eelgrass beds are particularly sensitive to alterations in water quality parameters including temperature, salinity, light penetration, organic matter concentration, and the presence of pollutants. Docks may be detrimental to eelgrass beds because of shading, and review of any proposed new docks in this habitat area should be conducted with potential impacts to eelgrass beds fully considered. (NYSDOS) [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zosters marina) and widgeon grass (Ruppia maritima) or shellfish; The occurrence of eelgrass is documented in the area where the dock structure is,'proposed. [1,1] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts, and The continued construction of dock structures within a Significant Fish and Wildlife Habitat/Critical Environmental Area will affect the public use of the area and degrade the ecological quality of the area through introduction of contaminants, disruption of marine life habits etc. .... Correspondingly, physical and functional loss to wildlife has been found to occur through the loss and/or impairment of habitat, disruption of habits and migration patterns (structure and activity) and introduction of harmful contaminants. The most common contaminant associated with docks is wood preservatives impregnated into the wood used to prolong the life of a dock. Three trace metals; arsenic, chromium and copper are the most common. These three metals have the greatest potential to-increase in estuarine environments from docks (Sanger and Holland 2002). The use of treated materials should be minimized. In the event the action is approved, it is recommended that: 1. That a vegetated buffer be established to mitigate the local impacts from the dock structure to public surface waters and bottomlands. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Damon Hagan, Assistant Town Attorney Town bf SoutholdRECEIVED LWRP CONSISTENCY ASSESSMENT FORM FEB 0 4 2019 A. INSTRUCTIONS �PsioaunLB�oard I 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other'infonnation used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local i Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town] 3. . If any question in Section C on this form is answered "yes" or"no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained-in the consistency review law. Thus, each answer must be Lx lained in detail, listing both supporting and non- supportin�facts. If an action cannot be certified as consistent with the LWRP policy standards and eonditions;it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's i website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 10oo - 2.1 — 14.1 DEC 2 6 2018 PROJECT NAME Dock Reconstruction SouJio;d To vn Uuff , The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 2 1. Category of Town of Southold agency action(check appropriate'response): (a) Action undertaken directly by Town agency e.g. capital ❑ � construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g.grant,loan,subsidy) { (c) Permit,approval,license,certification: Nature and extent of action: Retain and reconstruct 151(+/-)LF of existing 8-FT wide fixed wood pier of which 120(+/-)LF is waterward of the AHWL,including the installation of 32 new pier support piles, maintain the landward most stone-filled timber pier support crib,and remove the outermost 4 support crib timbers. Replace 3 tie-off piles and install 1 new i i tie-off pile, all at and waterward of the Apparent High Tide line in open waters of Fishers Island Sound. Location of action: 3773 Clay Point Road Fishers Island NY 06390 Site acreage: 1.1 Acres Present land use: Residential Present zoning classification: Residential 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: LCMG FINY. LLC c/o Leslie'Goss (b) Mailing address: 11888 SW Breyman Avenue, Portland, OR 97219 (c) Telephone number:Area Code( ) 503-819-7818 (d) Application number,if any: Will the action be directly undertaken,require fimding,or approval by a state or federal agency? Yes R1 No❑ If yes,which state or federal agency? NYSDEC and U.S.ACOE C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III,—Policies; Page 2 for evaluation criteria. fX Yes ❑ No L] Not Applicable The project is to retain and maintain the current dock facilities which have existed at this site since the 1960's. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LNVRP Section III—Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ Not Applicable - DEC 262018 Southold Town --Lard of Trustees The dock facility and recreational boat usage and essential transportation to and from the mainland has existed at this site since the s. Attach additional sheets if necessary Policy 3: Enhance visual quality and protect scenic resources throughout the Town of Southold. See LNVRP Section III Policies Pages 6 through 7 for evaluation*criteria X❑ Yes ❑ No ❑ Not Applicable The project will maintain the use of the property for recreational boating purposes and maintain the•aesthetics of the facility. Attach additional sheets if necessary`\ NATURAL COAST POLICIES Policy 4. .Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No -X❑- Not Applicable Attach additibiial sheets if necessary Policy S. Protect and improve water quality and supply in the Town of Southold.See LWRP Section III —Policies Pages.16 through 21 for evaluation criteria ❑ Yes ❑ No a Not Applicable The project will not have any affect on suitability of or availability of drinking water on Fishers Island.This project will reduce impacts on water flow and circulation and therefore be considered an improvement to the quality ot coasts wa ers. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. n ❑ ❑ 1 J/ DEC 262018 Suutrio;d Town Board fTrustees i X Yes No Not Applicable The protect does not include any excavation. Existing,crib stone will'remain and continue to provide water column diversity,shelter for fish and shellfish and wave attenuation for proetecting and preserving existing habitat diversity. I Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III —Policies Pages 32 through 34 for evaluation criteria. ❑. Yes ❑ No X❑ Not Applicable There are no air quality issues related to this project. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes.- See LNM Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable There is no solid waste or hazardous substances to be generated from this project. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LMW Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeO No© Not Applicable The project is being conducted on private land of the Goss family. The Public Trust Lands and Waters constitutes the area between the Mean High Water line and Mean Low Water line and the resources are from the High Tide line,out. I Ilese environmental resources are being protected by the design standards dictated by the NYSDEC and the U.S§.ACOE.This project is consistent with ,environmental standards-set forth in the NYS CAM Act. Attach additional sheets if necessary �' DEC 262018 ! ! WORKING COAST POLICIES i Policy 10.'Protect Southold's water-dependent uses and promote siting of new water-dependent uses in Suitable locations. See LWRP Section III--Policies;Pages 47 through 56 for evaluation criteria. Q Yes ❑ No ❑ Not Applicable The project and the use of the site are a high priority water-dependent use and have been so since the 1960's and provide a boating access point for the Goss family. !i I i Attach additional sheets if necessary ' l Policy 11. Promote sustainable- use of living amarine resources in Long Island,Sound, the Peconic f Estuary and Town waters.See LWRP Section III—Policies;Pages 57 through 62 for evaluation criteria. I! ❑Yes ❑ NoFX] Not Applicable Please see attached supplemental narratives regarding preservation of the benthos ecosystem for this site and the expected short and long-term impacts. The crib filler stone will not be excavated or removed from the site but will remain to foster benthic community diversity providing ffiefugLs fors i Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LW" Section III —Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No'R] Not Applicable There is no agricultural or aquaculture use at this time and dock maintenance will not create new impacts for shellfish at the site. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No n Not Applicable There are no energy or mineral resources on the site and no adverse impact to any adjacent resources,areas will be avoided by the current industry standards for dock construction so there will be no new or significant adverse impacts, in any case. _aDci-be 3, 2018 PREPARED BY Keith B. Neilson.P.E. TITLE A ent Doc Inl;- lul ILtS DEC 2 6 2018 ` Saut`old 7avan e:,, n.,.,.a„f Trimfowz LCMG FINY,LLC FISHERS ISLAND SOUND DEC 2 6 2018 FISHERS ISLAND,NEW YORK NARRATIVE STATEMENT & SUPPLEMENTAL INFORMATION S�e� FOR NYS DEC,NYS/DOS AND TOWN OF SOUTHOLD API�LIATION of Trustees August 2018,Revised December 17,2018 GENERAL LCMG'FINY, LLC owns parcel 1000-2.4-14.1 off Clay Point Road a private road, located along the west shore of Clay Point along Fishers Island Sound on Fishers Island. The site is generally moderately sloped, sandy gravel soils, vegetated with grass, brush, landscaping ground cover and trees. The frontage of the property is approximately 400 feet along West Harbor at the east shore,.abutted by the Mr. J Geddis Parsons property to the north and Rocky Ledge Partners, LLC to the south. The waterfront consists of a,partially rock-covered beach with tidal wetlands vegetation at the base of the moderately sloped coastal bluff in the vicinity of the pier. It is LCMG FINY, LLC desire to retain and reconstruct the existingfixed pier dock system but using driven wood piles to replace the deteriorated cribs. Wood cribbing will•be removed. The pier will be at an end elevation of 6 feet above Mean Low Water (MLW), sloping upward and crossing over the boulder-strewnmintertidal zone above the bottom sediments until reaching a finished,elevation of about 10 feet to shore afthat elevation, stopping short of the bank where it comes ashore with a ramped section of about 20 foot length which allows passage of the public on the rocky beach below; a rare event. Attached are application drawings prepared for this project showing this configuration and pertinent details. This supplemental narrative has been prepared in accordance with the requirements of Town of Southold, Ordinance No. 6, 2004, and the Waterfront Revitalization Program related to docks and shorefront improvements. In •addition, various coastal policies under the New York State Coastal' Management Act are addressed, herein for review by the New York State Department of State and Department of Environmental Conservation. This project is restoration of a-longstanding pier and dock facility which has existed since the 1960'9 before the Town and State permitting programs and before the December 16, 1968 "grandfather"date of the U.S. Army Corps of Engineers. DESCRIPTION OF WORK As mentioned in the introductory paragraph, this project is to retain a fixed wood pile and timber pier changing the supports from cribs to piles along the shore out into Fishers Island Sound in accordance with existing guidelines set forth in the Town of Southold ordinance No. 6, 2004. It is envisioned that this structure will be repaired and rebuilt utilizing the following general sequence and methodology. ➢ The marine contractor will arrive by water with barge-mounted crane and push boats. ➢ New piles will be driven starting at the shore landing end of the pier and proceeding waterward at roughly 10-foot intervals to the waterward end of the pier. These piles will be driven by double- acting air hammer to a bearing capacity of 20tons and pull-out resistance of approximately•10 tons. This generally requires about twelve to fifteen feet of embedment of the pile in the bearing stratum. Because of the exposure with the prevailing wind westerly wave field, these piles will be 12-inch nominal diameter class B Southern Yellow Pine pressure treated to 2.5 pcf of CCA Type C. ➢ The existing pier will be disassembled, and wood salvaged for disposal in accordance with applicable laws,regulations and ordinances. I ➢ After the piles are installed, split caps (also referred to as split clamps) consisting of a pair of pressure treated Southern Pine timbers, 4 x 10 to 4 x 12 nominal dimension, will be bolted to the. piles transversely forming a pile bent. Stringers will be then laid on the split caps parallel to the length of the pier. In all likelihood, five runs of stringers will be set and will probably consist of 3 x 10 pressure-treated Southern Pine. ➢ The outer stringer on each side will be bolted or spiked to the pile to secure it against wave uplift forces that this pier might be exposed to. ➢ After the stringers have been connected to the piles and split caps,the decking will be installed. In' ,accordance with Town of Southold's Ordinance No. 6, 2004, this decking will not be CCA pressure-treated Southern Pine but rather oak, cedar hardwood or plastic / composite such as "Timber Tech" or similar synthetic, composite or plastic material with the brushed side mounted up: If composites or plastic-are used, it will be either gray, brown or natural in color. Decking will be;attached to the stringers utilizing galvanized nails or stainless-steel Phillips or flathead square-drive wood screws about 3 inches of stringer penetration and will be set with a %" gap between deck planks. If necessary Thru-Flow decking may be used for this project. ➢ The over-water decking will run level at a height of up to eight feet above the existing bottom sediments in the shallow subtidal zone. See Sheet 4 of the application drawings for the pier profile. ➢ The piles will be about 42 inches above the deck surface and support horizontal rail members. ➢ The mid-rail can be timber or cable and both details are shown. ➢ A top rail of cedar, oak,hardwood or Timber Tech material will be installed for safety. ➢ Water and electricity will be run out on the pier in the space between the stringers so that trickle chargers on the boat may be powered during tie-ups. The water will allow boats to be rinsed off after usage. A power post with an internal light will be mounted to the end of the fixed pier with receptacles to provide power to the boats from extension cords. The power post will also have coiling arms for storage of the electric service cord and hose between uses. Because the dock may be used during the hours of darkness, low-intensity lights will be mounted on staggered piles or dock rail posts to illuminate the deck and the walking surface up the bank. This system will be manually, or radio controlled with a shut-off timer so thatver 0� VF Ti a� w�e; necessary for safety of-the users. V It � � � - rF LOCAL WATERFRONT REVITALIZATION POLICIES DEC 26 2018 The Town of Southold, LWRP policies that are applicable t4 the dock a ����n are a loca refinement of the Long Island Sound Regional Coastal Managemen throughout Long Island Sound.- The Goss site is on the east shore,-of the West Harbor off Fishers Island Sound on Fishers Island and is characterized predominately as undeveloped coast or natural coast. The undeveloped coast policies are applicable as follows: ➢ Policy 1 is to foster a pattern of development that enhances community character and preserves natural resources to the maximum extent and minimizes adverse impacts on the environment, ➢ Policy 2 is to preserve historic resources, ➢ Policy 3 is to enhance and protect scenic resources and visual quality. The pier reconstruction and cribbing removal for LCMG FINY, LLC is consistent with waterfront development on Fishers Island and in coastal areas., The pier is made of suitably-sized timbers which will be replaces with materials allowable under Local Law #6 with due consideration of climatic conditions at the site and replacement components will conform as well. This proposal is consistent with other adjacent dock facilities and characteristics for the visual and scenic considerations. The encroachment is not significant, to be consistent with DEC policies, Southold Local Law #6, US ACOE policies and the structure is as' low profile as possible, consistent with the safe and efficient use of the waters and consistent with the tidal and wave exposure of this site. Lighting will be minimal for operational safety and otherwise off, and lights will be operational only when necessary for boating purposes so that during hours of darkness there will be no adverse impact - 2 NATURAL COAST POLICIES The Natural Coastal Policies are 4 through 8 and require consideration as follows: ➢ Policy 4—Minimize loss of life, structures and natural resources from flooding and erosion, ➢ Policy 5—Protect and improve water quality ➢ Policy,§—Protect and restore the quality and function of the eco-system, •➢ Policy 7—Protect and improve air quality, ➢ Policy ,8 - Minimize environmental degradation primarily from solid waste and hazardous substances. The pier reconstruction and cribbing removal for LCMG FINY, LLC recreational'boating facility has been laid out and configured so as to be the same footprint as the pier which has been here for decades, consistent with the DEC permit requirements for such structures and in accordance with recommendations of the Marine Habitat Protection Bureau offered during the workshop pre-application. There was no tidal wetlands vegetation on the beach where the pier begins. The pier will remain high over submerged aquatic vegetation which has grown around the pier in the shallow subtidal waters. As such, it provides adequate height to clear environmental resources of concern and the materials to be utilized are consistent with Town of Southold's Local Law #6 regarding environmental quality and the use of pressure-treated Southern Yellow Pine timber components in particular. The us of"Thru Flow" decking will allow approximately 60% of sunlight on the pier to reach the waters below. Pier work will have no adverse impacts on air quality as a result of this structure and the work on the dock should not diminish overall,environmental considerations in Fishers Island Sound. PUBLIC COAST POLICIES Policy 9 sets forth a priority to provide for public access and recreational use of coastal waters,, public lands and public resources of the Town. This project maintains a longstanding (decades old) recreational boating facility for the LCMG FINY, LLC property and so is con 'D n L 1ty WORHING COAST POLICIES The policies of this section relate to the following: D EC 2 6 2018 ➢ Policy 10 — Protection of the Town's water-dependent uses and pro oting new Swpen ent uses in suitable locations, Board of T n toes ➢ Policy 11 —Promoting sustainable use of living marine resources, ➢ Policy 12—Protect agricultural lands, ➢ Policy 13 —Promote appropriate use and development of energy and mineral resources. While most of the Working Coast Policies are not applicable to this site or this type of project, Policy 10, promoting water-dependent uses and the siting of water-dependent uses in appropriate areas is applicable.The proposed pier reconstruction project makes the most beneficial use of the land and keeping the dock facility in the most appropriate, historic point of the land where access down the bank will not require changes in structural facilities and can be accommodated with path work rather than formal stairs and so on. This project has been laid out with specific reference and review of the Waterfront Revitalization Program policies and is considered to be consistent. In summary, the dock is typical of recreational boating facilities throughout the area and all along coastal New England. The pier structure maintains the same length, width, height, and structure so-as to be consistent with other facilities of a similar nature and,the minimum necessary components to accommodate safe and efficient boating operations from this site safely in a variety of climatic conditions. 3 Pile supports will be utilized,instead of cribs and old crib timbers will be removed leaving the stone on the bottom for habitat diversity. This project does not interfere with public access or use of public trust waters and lands of the State, it does not interfere with navigation, it will not create soil or sedimentation erosion problems, it does not adversely environmental resources and in the area where the facility must span the intertidal zone at the shore line, the facility will be maintained in the area of rocks where environmental resources,have already acclimated to the pier and boating activity so as not to worsen any of these conditions. The height of the structure has been specifically addressed so as to maintain clearance above the shoreline tidal wetlands plants if other conditions are conducive to such growth. The dock facility reaches out to 4 feet of water in Fisher Island Sound so that dredging will not be an issue in the future, thus fiirther minimizing adverse environmental impacts. More than 95% of the LCMG FINY, LLC shoreline will remain in a natural state as a result of these considerations for design. There is no loss of valuable marine and wetland habitat and no water quality degradation as a result of this project. No natural protective features or processes will be adversely impacted as a result of the maintenance work on the docking facility. Dense growth areas of submerged aquatic vegetation in the proposed dock or berthing area have been avoided. Reference is made to the NYS DEC study from 2000 indicating the suitability of pressure-treated Southern Yellow Pine piles and super-structure components for this type of purpose. The piles must be 12-inch diameter due to site exposure. In accordance with Local Law #6, decking for the pier and the approach ramp will be of woods other than Southern Yellow Pine or plastic. This project is consistent with.zoning policies and ordinances for the Town. The dock facility will be an accessory to the home located at this site. There will be no development of the upland related to this dock facility that will create point sources of pollution or drainage. This project is providing recreational boating and water usage opportunities compatible with the natural resource values and characterist e.r existing sized for stability considerations especially acknowledging that waves pi xh Srih:' from Fishers Island Sound and the dock is angled more or less into those waves. I u u ` DEC 262018 LWRD- SUMMARY OF CONSIDERATIONS • Navigation: The proposed dock meets standards of the industry and d es not exteni " ffl 1/3 across the water body. Depths for the dock terminus are within A I % - s 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 transportation and recreational purposes. Toxicity:The proposed dock decking shall be constructed entirely of non-toxic materials. • Scope in relation to the riparian rights of shell fishers: The plan promotes a standard full- length fixed pier design that will not impede access for small-vessels at low tide, and those seeking shellfish and crustacea on foot or in boats in season. • Scope in relation to the rights of small human powered water craft to navigate the waters adjacent to the proposed structures:At low tide a kayak would be able to paddle beneath the pier and at higher tides paddle at or around this proposed structure at it projects only a hundred feet into the waterbody. • Scope in relation to view sheds: This project is to rebuild a pier that has existed at this site for more than half a century and its length width and height will not change.The seaward end of the proposed dock lies landward of nearby existing docks that frame the view shed. As such the perspective will not be discernibly different from the existing view. • Environmental upkeep: The dock design projects a lifespan of 30 years, and with pile replacement minimizes bottom disturbance. 4 REQUIREMENTS OF SECTION 97-25 OF THE WETLANDS LAW 6,2004 The permittee acknowledges that the validity of this permit is subject to the approval of other governmental or municipal authorities. The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers. The permittee gives consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit. The permittee will notify the Trustees in writing one week prior to initiation of any and all operations. The permittee will notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance for a certificate of compliance. In response to Sub-section 2a and the General Rules for Standards of Residential and Commercial Docks,the following additional information is offered. 1. Permits for the work are being applied for through the Town, US ACOE, NYS DEC I nd a coastal zone consistency determination by the NYS DOS. 2. The new piles to be installed will be of sturdy, durable and stable materials; in all likelihood, Greenhart, Kakaralli or CCA Type C pressure-treated Southern Yellow Pine (SYP) 12-inch diameter class B piles with new split caps and braces of pressure- treated SYP materials. These members will be a minimum of 3 x 8's and more often, 3 x 10's and 4 x 10's with at least one 1-inch bolt per connection, and in other cases, two % inch bolts per connection. o� This pier is a fixed, pile-supported timber structure and therefore will not adversely 3 «o r affect the free circulation of water or reduce the effects of fluctuating water levels in Fishers Island Sound or West Harbor. In addition, the pier does not present any ` adverse modification of the shoreline. The pier's end elevation is such that in extreme high flood tides the structure will be inundated. The structure's SYP timber o materials represent the standard of the industry being specifically grown a renewable �JJ resource for this type of usage and are capable of withstanding full immersion. With ---1 the connections described above, this structure will be able to survive repeated inundations and even direct waves at high tide elevations with a structural life of approximately 20 years. 3. This site is exposed to rough sea conditions on a regular basis. The pier support will include driving new 12-inch diameter piles at 10-foot intervals to the maximum extent possible in order to obtain the desired pier alignment and support intervals. The pier is situated toward the northerly line of West Harbor; however, this part of the shoreline would be more accurately characterized as Fishers Island Sound from the wave exposure design perspective. While Southold Local Law 6 dictates smaller piles sizes, such piles would be inadequate in this location. Waves of 2 to 3 feet are not uncommon at this site, hence the ravaged shoreline features. Clay Point extends out to the north beyond Osprey Point on the west edge of West Harbor. Waves from 5 ` Long Island Sound can be influenced by'a fetch of a hundred miles. These waves can defract and refract around North Hill and come right at this site. The piles proposed for this project will need to be 12-inch Class B piles with 8-inch tips in order to withstand the sea conditions and driving conditions. The use of CCA pressure- treated timbers and Class B 12-inch piles can thus be approved for this project in accordance with Local Law 6. 4. The pier will not be decked with CCA pressure-treated Southern,Pine. This pier / walkway provides a safe pedestrian surface for-access to the berthed.boat. Rails shown to may be installed on the pier for safety. 5. The pier is located near the center of the property line. The 15-foot property line clearance specified in this paragraph has been honored and should not be anissue because the proposed pier does not represent a significant encroachment into the boating operation area of the property to the south or to the north nor does it project into the navigation way for other boaters in the Harbor. 6. Upon receipt of the permit for this project; appropriate permit numbers and a Town permit placard will be affixed to the most seaward face of the pier for identification from the water. 7. There are no permanent structures located above the pier decking, nor are any planned at this time, other than the power post and railing which are fixed by function. 8. It is currently possible to provide a five-foot passage way beneath this pier and that access ability will be retained landward of the apparent high-water line. There is only minimal beach width to walk under the pier at high tide, however, foot traffic in this rocky shoreline area is rare, if at all and so the additional tu5j� q urs T �^oV" stairway has been left out of this pier layout. i ; JD`i DEC 26 2018 NEW YORK STATE COASTAL MANAGEMENT PROGRAM These application documents include a copy of the Federal Co stency As A9�66k Form utilize for the New York State Coastal Management Program under the juns is ion Department of State. The following policies have been identified as pertinent to this application and the reason for consistency associated with this project is outlined in each respective case. Policy 2 Water Dependent Uses — This project is to maintain a fully functional water dependent use, a recreational boating dock facility at this site in support of recreational boating. Policy 5 — Use of Existing Developed Shorefront — There is no developed shoreline on this site. This project utilizes natural existing shorefront which is dominated by an accumulation of stone which has abundant vegetative resources such as bittersweet, poison ivy and junipers with only sporadic patches of tidal wetlands vegetation or individual plants. The project will be to rebuild the pier and.remove crib timbers to the existing shoreward terminus to make it'safe and reliably usable in most weather conditions without impeding shoreline public access. If greater clearances are required the sloped section can be lengthened. Policy 7 — Significant Fish & Wildlife Habitat — Protection of significant fish and wildlife habitat has been_considered in the development of this project layout. "The pier, to the shoreward point of beginning, has avoided the shoreline spartina patches and runs 4 to 5 feet above the rocky intertidal sediments and should not jeopardize the health of any shoreline vegetation. Typically, there is a slight environmental 6 ` benefit to a pier,project because of the creation of structure in the water column where barnacles, algae and crustaceans will colonize and grow. The alignment of the pier remains as is so as not to adversely affect the eel grass fringe strip that follows the 3 to 4 contours around the existing pier. Policy 8 — Protection & Preservation of Habitat— Protection and preservation of habitat has also been considered in this project and the dock structure is being kept to its longstanding configuration and of materials consistent with standards of the industry and restrictions set forth in the Wetlands Law, No. 6, 2004 set forth by the Town of Southold and standards of the NYS DEC. The pier point of origin will remain over a stony part of the beach to make use of the least habitat and minimize damage to natural resources. Policy 11 —Minimize Damage to Natural Resources -The dock construction project has been laid out in such a way so as to minimize damage or impact to natural resources as identified in Policy 7 above. The dock facility will remain in its longstanding location where stone on the beach has already impacted shoreline vegetation and the length is the minimum practical length for the slip to,reach 4 feet of water depth at MLW. Policy 14—No Measurable Increase in Flooding- This project consists of construction of an open wood pile and timber pier which in no way adversely affects waterflow and circulation in West Harbor or Fishers Island Sound or flooding potential of the area. Flood levels all around Fishers Island are dictated by water levels in Long Island Sound, Fishers Island Sound and Block Island Sound and this structure will have no adverse influence or in any way impact on those levels. Policy 15—No Dredging—Dredging is not required in this project. The dock will be maintained out in its current location and configuration to avoid any dredging requirements. The depth of 4 feet, as generally recommended by the NYS DEC and US ACOE, has been reached. The waters are not protected enough that boats can be berthed bow to shore but rather bow out in the deeper water. The boat Will not ground out at low tide. Policy 19—Impact on Public Access—Public access will not be jeopardized or impeded as a result of this project. As am'atter of fact,there is almost no public-access usage of the public trust lands or waters at this site except kayang and canoeing and that is rare. The iritertidal zone is significantly covered by stone and boulders and that is common on adjacent properties. The shallow sub-tidal waters do not present any opportunity or enticement for public access in the area. The pier stops well short of the landward 25% of the waterway width in accordance with US ACOE policies and the 30%width of the Town. West Harbor is more that,a mile wide at this point. Thus, public access to the State's lands and waters will not be adversely affected by the project. This project is to rebuild a pier that has existed for more than half a century. Policy 20 — Public Trust Compatibility with Existing Adjoining Properties and Land Uses- Public Trust compatibility with existing adjoining properties and land uses have also been considered in this project. Several,nearby properties have docking facilities similar to this one and this docking facility will not interfere with existing or the likely configuration of future facilities on immediately adjoining properties or the logical allocation of littoral development rights. Policy 21 —Water Dependent Recreation—This project is consistent with water-dependent recreational opportunities policies set forth in this section. Policy 24—Scenic Resources,Impairment or Loss-This policy is designed to prevent impairment or loss of scenic resources. The length, height and width of the fixed wood pile and timber pier will not represent such an extent of encroachment or structure which would create a loss of scenic resources on adjacent or nearby properties or views from the water. E l" E E IT 0 7 D EC 2 6 .2018 Southold Town Policy 25 — Enhance Overall Scenic Quality - The restored pier and dock structure will be consistent with the scenic,quality of the area and prevent loss of scenic resources as described in Policy 24 above. Policy 44 — Preserve and Protect Tidal Wetlands — It is acknowledged that the spartina alterna flora exists sporadically in very small patches along the shorefront. The reconstruction of the fixed wood pile and timber pier will take advantage of the existing un-vegetated strip of the shoreline caused by the longstanding pier landing over stone in order to avoid adverse wetlands vegetation impact. The height of the pier should allow opportunities for the growth of the spartina fringe marsh naturally up to, and to an extent, beneath the wood pier if other conditions are suitable, and the same with submerged aquatic vegetation. SUMMARY This project is for pier restoration for recreational boating access at property of the LCMG FINY, LLC on Fishers Island. A copy of all US Army Corps of Engineers, NYS DEC and Town of Southold applications are attached as substantiation for this project. This project complies with applicable standards of the New York State Coastal Management Act, NYS / DEC Tidal Wetland Regulations and criteria for approval, the Town of Southold Waterfront Revitalization Program and Local Ordinance No. 6,2004 and its approval is thus respectfully requested. Respectfully submitted, DOCKO, INC. Keith B.Neilson,P.E. �] ECDD � � �J�' E= D EC 2 6 2018 ' Boar,at 8 ti to ,` at FISHERS 50 20 22 SOUND 34 4629 ze o - fes T-f 65 9—moi 39 J •?"-C a Pt 3431 �.� 20 F ti N/F PROPERTY OF 2 ° �' 0JABSCO LTD. PARTNERSHIP 249 14, i.l1e'S:,,:� 'J.,`` :{'�.,,5` ;•a, a, ,ix — Y� SITE -.;�•; '•t6i.,, :':-". * ° .o Fl.��—HE2S ISLAND _ ;;a• • :<;, y�.,-,. '�.�ts- '': O SOUND -:-•-- - • . - ^;jl `t1y). '.j:;,};a..r,5? " am4 • O Q ;,ft.,'T . ': °.ir; . r; ,,•:- _ �,.•,. .:�.. -• -rte- ITE -- '• - 'r. IonY -PROPERTY ��;�:,;::��`'- u.,,, fig.;,.:,:. �`�:�'';• `�p�l �' a�.; - � � - - OF . Goss • LOGATfO1V MAF' REFERENCE - GHART:132i4 =-_--- - - --- -- = GRAPHIC SCALE = PROJECT DOCK '` "`'ry; 20000 2000 YARDS RECONSTRUCT70N NOTES. 1.ELEVATION DATUM IS MEAN LOW WATER(MLW} 2-TIDE DATA IS TAKEN FROM 2018 NOAA TIDE TABLES REFERENCE:SILVER EEL CAVE BASED ON NEW LONDON.GT i`;`,:_, `;r'=_�;yQ •i`.ti 3-.;'L '-�.:.•rSy l_'•>•ry,..,M-v�v^i��.>�: ,•/ —J1k YYk:w•L 3.PROJECT DESCRIPTION:RETAIN AND 'N/F PROPERTY OF., `•�' RECONSTRUCT S6LF OF EXISTING 8-FT WIDE FD(ED - ROCKY LEDGE WOOD PIER,OF WHICH 120sLF IS WATERWARD OF L;' THEAHWL,INCLUDING THE INSTALLATION OF THIRTY //�•� f1�.j _:';PARTNERS LLG �:a. X,,: , V Lam. � � v—'`tt `•.�. �_.�,nti>`i5; .:3�FV— ...Nay,., TWO NEW PIER SUPPORT PILES,MAINTAIN THE LANDWARD-MOST STONE-FILLED TIMBER PER r ,•::` ti >-:4'_ ' �; ":: =� SUPPORT CRIB,AND REMOVE THE OUTERMOST FOU SUPPORT CRIB TIMBERS.REPLACE THREE TIE-OFF PILES AND INSTALL ONE NEW T1E-0FF PILE,ALL AT EC 2 6. 2 AND WATERWARD OF THE APPARENT HIGH TIDE LIN IN OPEN WATERS OF FISHERS ISLAND SOUND. ` Southold Town FISHE2S ISL�.ND 4.PROJECT PURPOSE Boar of Trusties �= THIS IS A PRWATE DOCKFOR REGREATIONAL TOWN of SOUTHOLD BOATING. 5.THESE APPLICATION DRAWINGS REPRESENT A COMPILATION OF SURVEYS FOR ENVIRONMENTAL PERMIT PURPOSES.THEY ARE NOT CONSTRUCTION G.ADJOINING PROPERTY OWNERS: CONTRACT DOCUMENTS.A TOWN BUILDING PERMIT NORTH - MAY BE REQUIRED. MR J GEDDIS PARSONS = SOUTH: PARSONS GAIRMAL MANAGEMENT INC. ROCKY LEDGE PARTNERS LLC O�/E BALL PL.AIV 10 WEYBOSSET ST.STE 1000 PO BOX 91 PROVIDENCE,Rl 02903 MONTCHANIN,DE 19710-0091 GRAPHIC SCALE 1•=200 PROJECT•: DOCK RECONSTRUCnON 200 100 O 200 REVISED 12-12-18 T.O_S LOGATM FISHERS ISLAND-TOWN of SOUTHOLD �, DESCRIPTION t NAME SUFFOLK COUNTY,NEW YORK �eK a�K f)Ey WATERWAY FISHERS ISLAND SOUND C vCi DATE JANUARY 8,tote 1) 0 C K 0 APPL ICAM LCMG RM,LLC I' 1 w AGENT: SHEET.1 OF 3 DOCKO, INC_ 066892'1 � J Kefth B.NdIsM PE 0 0 A� p �� Mystic.CT 06355 R P 0 R �OFESS40NP 8GO 572 8939 FAX 860 572 7569 DWG V-09-2876 EMAIL-o(lice@dxkamn Keith B Nellson,0o ko Inc 12A2/2018 244 PM Gcss_Rling Permit 1B dwg 6-P gZ-J—ad 6u, s-0 Wd L17Z 9LOZ212L Dui 0'1 o0'M'WON 9 WO> 9L9G-6L>11 OMC! 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I9>-x 991 I I,,/ *96?l31`dM _ L x 1 >S- L-I�IZ, elf// 9L-x 1 H51H a6V 83AV s \ / 030 1434 39 OU "_x 371d/15G4d 1?JGHdn5!JNLL51k I I � 2GId DOO g w✓�a✓U7NIVJ.I v1YYY� 81` O15�I1� q W+ M) 3LL M3NCMe-90M \ III \ 1 i II I 4-9 6NLLSDO xssv j%/ \I a \ 9911 6' rr-x Q O � � � 30t�'ki32{/NPdW3b I I I 0 \ Q It r O \ O 01371d UV-3LL ONLLSDG I I I • 'I 1 1 ► , i �Ix s°x o s , LLr 0'9- \ oNnos aNv1si s�t�l-rs►� N ti t ' NOTE TIE-OFF PILES NOT SHOWN IN THIS VIEW FOR CLARrIY OF PER AND ITS COMPONENTS EXISTING RA1L5 M-P) FEEEEEEq- 10 5 O 10 NEW PER SUPPORT PILE TOP W ELEV 4±FTABOVE DECK(TYP) - M 1 I: - -- - - BRUSH SLOPE =: - ��- __ - __ ____-� _-__ '��' -__ _ _ __ — Ip _' i ---- --- •�,•- - III, .�_�. _y: I' HTL 3.66 i' MLW 25s I' - T = <<,' 1! :', .-r~r' I :FlL1ED 71MBER DRIB MAINTAINED I —MLO.O i APPROXIMATE I'µ —_ 1' r J i- 1:1.T:` v:i'-iIi' '•.�•�`�' 'II GRADE PROFILE+• -,'�,:*Yt`•' 1' ",: II •, :i: a ... .. .h.,_'. 111•:•L..-. . , .. �, ry y'S.. .,"..� ....... .}I. > .a ,.r-s-t�'., ._.'•s"'T I1: 1'�1 NEW PER SUPPORT T REMOVE STONE FILLED CRIB z PILE TOP ELEVA77ON MAINTAINED(I'M TIMBERS REPLACE wfth PILE 4�FT ABOVE DECK(7YP) SUPPORTS (`1YP oF4) -HTL 3.6t MLW 25s ,1; i l' -_-- --7-H-2— '' _- -- --=I�� 'I;< _til _ - `a.�r_ !� .,`,Y; ""' ' ���:�;.��: - � ;, _ _�,._,::, �• NOTE EXISTING 8-FT WIDE FRED SHOWN NOT SHOWN IN '. THIS VIEW FOR WOOD PIER TO BE RETAINED CLARrTY OF and M NNTAJNED CTYT� EXISTING RAILS T76-OFF PILE TO BE PM D R5 COMPOMAINTAIN REPLACED COMPONENTS ' NEW PIER SUPPORT FENDERINGAT ;� TOP EL PILE TOP EL 4 FT END OF PER y7tF7-�Yp) ABOVE DECK CrYP) 1 ,I� —HTL 3.6t— - -MHW 2-%— — — —MLW0.0- " - - - - - - - SPLIT CLAMP and EEL GRASS CR059 BRAGING(TYP) ;f ; ;1' ' .;; =;":� i APPROXIMATE GRADE =r •:;t - EIVO /JEW ELEVATIONS ARE 11ASED ON MEAN+LOW WATER L GRAPFIC SCAM 1•.10 PROJECT. DOCK RECON57RUCTION 1212-18 T.0_5. L.00„ATIOf�k FISHERS ISLAND-TOWN of SOUT'HOLD o�KEI PROJECT NAME SUFFOLK COLJN'TY,NEW YORK• WATERWAY: FISHERS ELMD SOUND GD „5 r DATE .JANUARY 8,200 D 0 C K 0 APPLJCANCT- LCMG FINY,LLC40 • 'J • SHEET 3 OF 3 .. EA VE K®, INC. A X68692- B.Neilson.PE C 0 ADFESstoN CT 06355 18 �an172 8-039 FAX �oO 572 7 D E C 2 6 20DWG 17-09-?$76 Keith B Neilson,Docko Inc 12/12/2018 48 P Goss—Ring Parmlt 38 dwg Southold Town arI of Trustees TAX ASSESSOR'S 1000-2.1-14.1 PROJECT: "DOCK MAINTENANCE" WATERWAY: FISHERS ISLAND SOUND LOCATION: FISHERS ISLAND,TOWN OF SOUTHOLD SUFFOLK COUNTY,NEW YORK APPLICANT: LCMG FINY,LLC AGENT: DOCKO,INC. FISHERS ISLAND SOUND i 3.OA 3.2A 3.1AIcl y. yW I"1 5.2 1 cO 3.SA I IA V 7.3 3.2AIcl 10 'y { 9.1A g 2.8A rJ x - MAI.) III r 5 12 2.1A7.4 s 7.4 3.4A B.1 z w 11A Fp y PyT• (`h• _ 13.1 8.2 p 7.2 .a 1.7A 4.2A 17° 14.1 16.1 ' S.lAt 16.3 4.BA 18 o 1.BA `^11 xis 2.2AIc1 ..if l� � yAo'y 4 ' "S 1.5A LMLESS O'wRWN OTHERWISE, RLL PROPERTIESNOTICE Ua A COUNTY OF SUFFOLK © K ,,, ARE WITHIN THE FOLLOWING O.STRICTS+ yqy tp E —_F _ "f--Ex,itkl I- —-R—- SCHOOL < SEWER— nO MANTENANCE,ALTERALON,SALE OR Real Property Tax Service Agency Y - Pnrkd0lY+rk+Iw —HST —— FSE 21 PYDRANT_ DISTRIBUTION OF ANY PORTION OF TAE 90 ` LIGHT WAIER—. SUFFOLK COUNTY TAX MAP 15 PROW3�iE0 SCALE It:FEET w County Center Riverhead,14 Y 119111 M + —_L _ Im xQ[.01-k1 U.—_A—- PARS REFUSE_ 81 WITH P— Ia+I.b+•r Os+•k1 iw —•W—' AUBu1-ANCE _— FFRRY 80 UT WRITTEN OF THE � A WASTEWATEx REAL PROPER-ifTAX SERVICE AGEY_Y. P ♦ S {I 46 -__ j __NEW LONDON_-BLOCK_1S_tAN[3FEggy i LOCATION MAP `- II PROJECT: "NEW PIER AND FLOAT" WATERWAY: FISHERS ISLAND SOUND -- --------------- LOCATION: ____ --_ -LOCATION: FISHERS ISLAND,TOWN OF SOUTHOLD r/ GT1CU? 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