HomeMy WebLinkAboutDidriksen, Dana Glenn Goldsmith,President ®� ®�,� Town Hall Annex
A. Nicholas Krupski,Vice President ®� ®�® 54375 Route 25
P.O. Box 1179
Eric Sepenoski LL-S1 3 Southold,New York 11971
Liz Gillooly
Elizabeth Peeples � � � Telephone(631) 765-1892
Fax(631) 765-6641
C®UE19�V,�
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
June 17, 2022
RECEIVED
Keith Neilson, P.E.
Docko, Inc. JUL 1 1 2022
P.O. Box 421
Mystic, CT 06355
Southold Town Clerk
RE: DANA DIDRIKSEN
6180 CLAY POINT ROAD, FISHERS ISLAND
SCTM# 1000-2-1-6
Dear Mr. Neilson:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, June 15, 2022 regarding the above matter:
WHEREAS, Docko, Inc. on behalf of DANA DIDRIKSEN 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 March 31, 2022, 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, and, "
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on
June 15, 2022, 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,
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T FUR ER'URi'�i-i r r
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RESOLVED that for the foregoing reasons, the Board of Trustees DENIES WITHOUT
PREJUDICE the Coastal Erosion Permit application of DANA DIDRIKSEN to construct±130
linear feet of 4' wide fixed wood pile supported pier in which ±73 linear feet is waterward of the
Mean High Water Line and ±86 linear feet is waterward of the Apparent High Water Line;
proposed pier to include rails, water/electric utilities, two tie-off piles, two (2) ladders, and a
removable pile restrained ships ladder; also to establish a wood chip access path through the
brush landward of the Apparent High Water Line; and as depicted on the site plan prepared by
Docko, Inc., dated December 29,2021.
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.
Very truly yours,
Glenn Goldsmith, President
Board of Trustees
GG/dd
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
June 16,2022
Mr.Denis Noncarrow
Town Clerk; Town of Southold
Southold Town•Trustees
53095 Route 25
P.O'.Box 1179
Southold,NY 11971.
Re: Dana Didriksen Property,Fishers Island
Coastal Erosion Appeal Application
Dear Mr.Noncarrow:
On behalf of Mr. Dana Didriksen, we enclose herewith-our Coastal Erosion Zone Appeal application
package for the dock construction project at Mr.Didriksen's home in Fishers Island Sound on Fishers. .
Island,NY.
I trust that,you will find this application package complete and acceptable;please let me know if the
need for.further information arises. We look forward to presenting this project to the Town Board at
your next scheduled meeting.Due to my travels being governed by the Cross Sound Ferry schedule,I
respectfully request a place early in.the agenda.
Very truly yours,
DOCKO INC.
001,
Keith B.Neilson;P.E.
KBN: cl
Enclosure
CC: Mr. Dana Didriksen
File: 2.1-11-3016
TOWN OF SOUTHOLD
APPLICATION FOR APPEAL TO
THE COASTAL EROSION HAZARD BOARD OF REVIEW
DATE: June 16,2022 Fee: $250.00
NAME OF APPLICANT:Dana Didriksen
ADDRESS: Private Property off Clay Point Rd,Fishers Island,NY 06390
DATE OF DECISION APPEALED FROM: June 15,2022
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. '
1
* Y OF ENTIRE BOARD OF TR EE FIL'E INCLUDING.ANY
N S MUST BE O THIS,APPEAL,
SIGNA URE OF APPLICANT
BOARD OF SOUTHOLD TOWN TRUSTEES
C SOUTHOLD,NEW YORK ,
r' PERMIT NO. 10167 DATE: JUNE 15,2022
ISSUED TO: DANA DIDRIKSEN
' C PROPERTY ADDRESS: 6180 CLAY POINT ROAD,FISHERS ISLAND
SCTM#: 1000-2-1-6 e
q ° AUTHORIZATION tl
Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in
accordance with the Resolution of the Board of Trustees adopted at the meeting held on June 15, 2022, and in
consideration of application fee in the sum of$250.00 paid by Dana Didriksen and subject to the Terms and
Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the
following:
Wetland Permit to construct-±130 linear feet of 4'wide fixed wood pile supported pier in which a>
±73linear,feet is•waterward of the Mean High Water Line and,±86 linear feet is waterward of
the.Apparent High Waterline; proposed pier to include rails,water/electric utilities,two tie-
off piles,two(2) ladders;and a removable pile restrained ships ladder; also to establish a,wood
chip access path through'ahe brush landward of the Apparent High Water Line;with the. 1
condition of the use of thru-flo decking; and that there is no tie-up for vessels on the interior
portion of the armof the dock; and as depicted on the site plan prepared by Docko,Inc.,dated
December 29,2021; and stamped approved on June 15,2022.
IN WITNESS WHEREOF,.the said Board of Trustees hereby,causes its Corporate Seal to be affixed,and these f
presents to besubscribed by a majority of the said Board as of the year and day first above written. ,
t� �O*40F61�-CO A. Nicholas Krupski
CA °
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7/8/2022 11:58 AM
DANA DIDRIKSEN
COASTAL EROSION APPEAL
FISHERS ISLAND SOUND, FISHERS ISLAND NY
June 16,2022
Introduction:
The Didriksen 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 or very near the footprint of a pier which existed
at this location in the early 1950's, subsequent 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, to the U.S. Army Corps of Engineers, and to the Town of Southold for a Wetlands
and Coastal Erosion Permit. The Town of Southold Trustees has approved the Wetlands Permit
for the construction of this dock facility. One condition of the Trustees approval was that the
decking would be "ThruFlow" type open grate decking; the NYS DEC also favors the use of
"ThruFlow"decking as does the Fishers Island Seagrass Management Coalition and we have made
that change to the application drawing. There will be no berthing slip on the southwest side of the
pier. Each one of these permit applications 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 appear to 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 reach waters beyond
the boulder field and to meet the regulatory and policy requirements for habitat protection 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 to paragraph 111-10 B 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 because of repetitive
disturbances of the sediments and resulting water quality, noise and benthic habitat impacts.
According to the Town of Southold Code Chapter 275-11 Section 2c,The Trustees may determine
the permitted dock length based on consistency with other docks in the waterway. The proposed
dock is smaller than the next closest dock to the proposed site, a fixed pier of about 165' overall
length,two parcels to the west of the Didriksen's and exposed to the same conditions and sea states
of Fishers Island Sound.
1
7/8/2022 11:58 AM
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 to the east and west of the pier but not in the
area of the pier head by design. Access and staging considerations are also compatible with these
two goals. The barge to conduct work will be relatively light in draft, approximately 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. The
barge will be relocated after work hours at higher tides to remain clear of the existing eel grass
beds in and around the project site. The dock facility is to be built by Gwenmor Marine, who are
experienced in these waters and familiar with all five of the permits(including this variance)which
cover the scope of work. There is no removal of soil or sediment in the proposed scope of work,
and there is no alteration of the shoreline proposed.
Most of Fisher's Island's waters are recognized as valuable fish habitat. This design has
endeavored to occupy the same footprint as the pier that existed at this site prior to the Hurricane
of 1954,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 6 to 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 reach the
benthos through the water column 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 a grid, an open grate surface,
so 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 is being reviewed and the project complies with the
criteria. This construction process represents minimum encroachment into the navigational waters
of the State and waters deep enough to minimize bottom impacts due to boat and pier shading and
propeller drive systems. The structure basically terminates at the outer limits of the boulder field,
in an area where navigation is limited. ,
There are no known remains the old dock 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 boulder field and there is no tidal wetlands or
surface vegetation in the dock construction or usage area. There are no known endangered species
in the project area.
2
7/8/2022 11:58 AM
Compliance with Existinz Standards:
This construction project has been determined to be compliant with new policies related to the
preservation and enhancement of eel grass beds. 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 seaward of the Mean High-Water Line. 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 sometimes damage piers.
The proposed dock site is the best available at this shoreline; the remainder is even more heavily
obstructed by boulders or hosts tidal wetlands or SAV growth areas.
The Trustees have agreed, in their approval of the Tidal Wetlands Permit,that the length and
doglegged configuration of this dock facility are necessary to reach suitably deep water beyond
the boulder field and suitably offset from documented eel grass at this site and that this project is
suitability designed for and consistent with their tidal wetlands permitting standards of the
LWRP. They stipulated a condition that these would be no boat berthing on the south side of the
pier head and that is agreeable.
Embedded stone in the benthos is to remain, as normally requested by the DEC. This will
maintain existing benthic habitat as is. The total area of pile contact with the bottom sediments
will be approximately 25 SF in total where he piles are driven.
Structural Considerations:
In accordance with the policies of the National Marine Fisheries Service, piles will be wood, 12
inches in diameter or less at the point of contact with the water,and no larger. It is anticipated that
these piles will be 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 3/4 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 "ThruFlow" decking. The outside stringer will be
bolted to the piles. Decking will be screwed down with two screws per stringer (8 screws per 4-
foot-wide deck piece).
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 high energy 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 outer deck will
be below most of the wave energy.
3
7/8/2022 11:58 AM
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 25 square feet seaward of the Mean High-Water Line 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. The 200SF removable parameters 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 frequently develop waves of
considerable size and energy induced by storm winds. These conditions are rarely seen in the
Peconic Bay and Shelter Harbor embayments which are specifically referenced in Chapter 111; it
appears that this reference was not intended to cover the higher energy water surface conditions of
Fishers Island Sound.
Piles for support and their bracing elements are essential components for these more severe
exposures. Piles driven to 6,7 or 8 foot embedment can be pulled up by significant storm driven
waves and so piles in this exposure 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 subsurface support capability of the sediments and
render the structure more likely to be pulled out or otherwise 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,
4
7/8/2022 11:58 AM
including the NY DEC, NY DOS, USACE and the Town Trustees. Trustees Tidal Wetlands
Permit No. 10167 has been received and is attached.
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.
Nearby dock facilities have withstood the test of time and, in the case of the Firestone Boat House
and Roosevelt dock around the Point in Chocomount Cove, have pre-existed this chapter by 35
years. The Didriksen 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. The Town Trustees have issued the
Wetland permit for this pier construction project acknowledging structure attributes required for
this exposed site and sea conditions while preserving and protecting the environmental resources
at the site and how the resources will not be adversely affected and benefit from the design features
and materials specified for use in the construction.
This section 111-10 B variance request is based on the factors for consideration in section 111-9:
A: The pier construction project is reasonable and necessary for boating access beyond the
intertidal field of boulders. The structure design has been minimized and will be suitably stout and
environmentally appropriate in view of current resource protection standards.
B: The structure will not cause erosion at the Didriksen property or at adjacent properties.
This project is suitably designed for the "nearshore" site in accordance with section 111-11 and
there is no excavation, dredging and fill proposed.
C: The features of increased height gained by the approach ramp,initial pier height and use
of "Thruflow" decking will maintain environmental and habitat quality of the intertidal and
shallow subtidal zone waters and sediments 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. The southside berthing restraint protects eel grass.
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. The facility is the
minimum structurally suitable dock option available which will not adversely affect tidal wetlands,
submerged aquatic vegetation, finfish or shellfish, habitat, water quality, water flow and
circulation,natural protective features or functions of the shoreline,navigation or public access to
public access to public trust lands or waters of the State or Town. In order to be in compliance
with the codified regulations and recommend best management practices in these site conditions,
5
7/8/2022 11:58 AM
the structure cannot be removeable. A variance to the provisions of Chapter 111-10 B will not
diminish ecological features or habitat and is respectfully requested so that the Coastal Erosion
Permit can be issued for this project by the Town Trustees. No public funds will be expended in
the course of completing this project.
Respectfully Submitted,
Docko, Inc.
K;�- /'�' ";��4---
Keith B.Neilson, P.E.
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Didriksen HMP Areas of Concern
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6/16/2022, 12:23:33 PM
1%Annual Chance Flood 0.2%Annual Chance Flood 1:2,257
AE 0 0.02 0.04 0.07 mi
Coastal Erosion Hazard Area(GENA)Line I i '—i
VE 0 0.03 0.06 0.12 km
Coastal Erosion Hazard Area(CEHA)Buffer Copyright neannap 2015. Suffolk County, MassGIS, UConrd
Tax Parcels CTDEEP.Esn,HERE,Garmin.GeoTechnologies,Inc.,USGS.EPA.
USDA
Suffolk County and contractual parties are not responsible for the use or interpretation of the information presented. Spatial layers developed are the responsibility of those authoring agencies and are provided for
6/16/22,9:08 AM
Screening Report
Area of Interest (AOI) Information
Area : 197,304.98 ft
Jun 16 2022 9:05:34 Eastern Daylight Time
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0.03 0:9 0 17 km
learmap U5 Vertical Imagery
Red: Band_1
Gieen: Band 2 4E== p,rc-^ n;ws U ^a JSoa
Blue: Band-3
1/3
6/16/22,9:08 AM
Property of Dana Didriksen,Clay point Rd,Town of Southold,County of Suffolk,NY
Summary
Name; Count Area(ft2) Lenoth(ft)
1%Annual Chance Flood 4 137,980.55 N/A
0.2%Annual Chance Flood 2 28,850.71 N/A
Storm Surge Zones 0 0 N/A
Coastal Erosion Hazard Area 1 N/A 693.53
(CEHA)Line
Coastal Erosion Hazard Area 2 168,411.55 N/A
(CEHA)Buffer
NYDOS Costal Risk Hazard 3 109,236.28 N/A
Area
Earthquake Susceptible Soils 1 131,623.58 N/A
Landslide Susceptibility 1 197,304.94 N/A
Wildfire Hazard 2 197,304.96 N/A
Expansive Soils 0 0 N/A
Shallow Groundwater 0 0 N/A
1% Annual Chance Flood
# DFIRM ID Flood Zone Static Base Flood Elevation f
Area t'
( )
1 36103C VE 14.00 108,637.69
2 36103C AE 10.00 28,850.71
3 36103C VE 13.00 492.15
0.2% Annual Chance Flood
# DFIRM ID Flood Zone Static Base Flood Elevation Area(ft2)
1 36103C AE 10.00 28,850.71
Coastal Erosion Hazard Area (CEHA) Line
Length Length(ft)
1 2,242.10 693.53
Coastal Erosion Hazard Area (CEHA) Buffer
# BufferArea(ftz)
1 Water 115,922.06
2 Land 52,489.49
NYDOS Costal Risk Hazard Area
# Zone Area(ftZ)
1 Extreme 45,835.04
2 Moderate 34,731.69
3 High 28,669.55
2/3
• 6/16/22,9:08 AM
Earthquake Susceptible Soils
Soil Class ype(D&E Are Considered Hazardous) Area(ft')
1 C 131,623.58
Landslide Susceptibility
# Susceptibility Type Area(ft2)
1 Low incidence 197,304.94
Wildfire Hazard
# Wildfire Hazard Type Area(ft')
1 Wildfire Urban Intermix 145,571.54
2 Non=Wildfire Urban Interface/Intermix 51,733.41
Suffolk County and contractual parties are not responsible for the use or interpretation of the information presented. Spatial layers developed are the responsibility of those authoring
agencies and are provided for reference purposes only.Refer to the complete Terms and Conditions of this site.
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3/3
Q O ckq,� hic.. Serving t ie waterfront comMunity since 1987
P.O.Box 421;Mystic;CT 06355(860)572-8939 Fax:(860)572-7569,email:office
@docko.com
. June 16,2022
mi..Denis Noncarrow ..:
Town'Clerk,Town of Southold
Southold Town:Trustees-
53095
rustees 53095 Route 25
P.O:,Box,1179
Southold,NY 11971
Re: Dana Didniksen Property,Fishers Island
. Coastal Erosion Appeal Application
Dear Mr.Noncarrow::
On behalf of W Dana Didrikse'n, we enclose.herewith our Coastal Erosion Zone Appeal application
package for the dock construction project at Mr.Didriksen's home in Fishers Island Sound on Fishers. .
Island,NY.
I trust that'you will find this application package complete and acceptable;please let me know if the
need for further information arises. We look forward to presenting.thisproject to the.Town Board at
your.next scheduled meeting:Due to my travels being governed by.the.CrossSound_Ferry schedule,I
respectfully request a place.early.in the agenda.
Very.truly yours,
DOCKO INC.
Keith B.Neilson;P.E.'
KBN: cl =
Enclosure
CC: Mr.Dana Didriksen .
File: 2.1-11-5616
TOWN OF SOUTHOLD
APPLICATION FOR APPEAL TO
THE COASTAL EROSION HAZARD BOARD OF REVIEW
DATE: June 16 2022 _ Fee: $250.00
NAME OF APPLICANT:Dana Didriksen
ADDRESS: Private Property off Clay Point Rd Fishers Island NY 06390
DATE OF DECISION APPEALED FROM: June 15 2022
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
* Y OF ' ENTIRE BOARD OF T5 EE FILE INCLUDING ANY
N S MUST BE O THIS-APPEAL;
SIGNA I TRE OF APPLICANT•
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7/8/2022 11:58 AM
DANA DIDRIKSEN
COASTAL EROSION APPEAL
FISHERS ISLAND SOUND,FISHERS ISLAND NY
June 16,2022
Introduction:
The Didriksen 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 or very near the footprint of a pier which existed
at this location in the early 1950's, subsequent 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,to the U.S. Army Corps of Engineers, and to the Town of Southold for a Wetlands
and Coastal Erosion Permit. The Town of Southold Trustees has approved the Wetlands Permit
for the construction of this dock facility. One condition of the Trustees approval was that the
decking would be "ThruFlow" type open grate decking; the NYS DEC also favors the use of
"ThruFlow"decking as does the Fishers Island Seagrass Management Coalition and we have made
that change to the application drawing. There will be no berthing slip on the southwest side of the
pier. Each one of these permit applications 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 appear to 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 reach waters beyond
the boulder field and to meet the regulatory and policy requirements for habitat protection 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 to paragraph 111-10 B 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 because of repetitive
disturbances of the sediments and resulting water quality,noise and benthic habitat impacts.
According to the Town of Southold Code Chapter 275-11 Section 2c,The Trustees may determine
the permitted dock length based on consistency with other docks in the waterway. The proposed
dock is smaller than the next closest dock to the proposed site, a fixed pier of about 165' overall
length,two parcels to the west of the Didriksen's and exposed to the same conditions and sea states
of Fishers Island Sound.
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7/8/2022 11:58 AM
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.
Project 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 to the east and west of the pier but not in the
area of the pier head by design. Access and staging considerations are also compatible with these
two goals. The barge to conduct work will be relatively light in draft, approximately 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. The
barge will be relocated after work hours at higher tides to remain clear of the existing eel grass
beds in and around the project site. The dock facility is to be built by Gwenmor Marine, who are
experienced in these waters and familiar with all five of the permits(including this variance)which
cover the scope of work. There is no removal of soil or sediment in the proposed scope of work,
and there is no alteration of the shoreline proposed.
Most of Fisher's Island's waters are recognized as valuable fish habitat. This design has
endeavored to occupy the same footprint as the pier that existed at this site prior to the Hurricane
of 1954,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 6 to 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 reach the
benthos through the water column 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 a grid, an open grate surface,
so 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 is being reviewed and the.project complies with the
criteria. This construction process represents minimum encroachment into the navigational waters
of the State and waters deep enough to minimize bottom impacts due to boat and pier shading and
propeller drive systems. The structure basically terminates at the outer limits of the boulder field,
in an area where navigation is limited.
There are no known remains the old dock 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 boulder field and there is no tidal wetlands or
surface vegetation in the dock construction or usage area. There are no known endangered species
in the project area.
2
7/8/2022 11:58 AM
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. 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 seaward of the Mean High-Water Line. 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 sometimes damage piers.
The proposed dock site is the best available at this shoreline;the remainder is even more heavily
obstructed by boulders or hosts tidal wetlands or SAV growth areas.
The Trustees have agreed, in their approval of the Tidal Wetlands Permit,that the length and
doglegged configuration of this dock facility are necessary to reach suitably deep water beyond
the boulder field and suitably offset from documented eel grass at this site and that this project is
suitability designed for and consistent with their tidal wetlands permitting standards of the
LWRP. They stipulated a condition that these would be no boat berthing on the south side of the
pier head and that is agreeable.
Embedded stone in the benthos is to remain, as normally requested by the DEC. This will
maintain existing benthic habitat as is. The total area of pile contact with the bottom sediments
will be approximately 25 SF in total where he piles are driven.
Structural Considerations:
In accordance with the policies of the National Marine Fisheries Service, piles will be wood, 12
inches in diameter or less at the point of contact with the water,and no larger. It is anticipated that
these piles will be 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 % 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 "ThruFlow" decking. The outside stringer will be
bolted to the piles. Decking will be screwed down with two screws per stringer (8 screws per 4-
foot-wide deck piece).
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 high energy 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 outer deck will
be below most of the wave energy.
3
7/8/2022 11:58 AM
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 25 square feet seaward of the Mean High-Water Line 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. The 200SF removable parameters 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 frequently develop waves of
considerable size and energy induced by storm winds. These conditions are rarely seen in the
Peconic Bay and Shelter Harbor embayments which are specifically referenced in Chapter 111; it
appears that this reference was not intended to cover the higher energy water surface conditions of
Fishers Island Sound.
Piles for support and their bracing elements are essential components for these more severe
exposures. Piles driven to 6,7 or 8 foot embedment can be pulled up by significant storm driven
waves and so piles in this exposure 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 subsurface support capability of the sediments and
render the structure more likely to be pulled out or otherwise 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,
4
7/8/2022 11:58 AM
including the NY DEC, NY DOS, USACE. and the Town Trustees. Trustees Tidal Wetlands
Permit No. 10167 has been received and is attached.
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.
Nearby dock facilities have withstood the test of time and,in the case of the Firestone Boat House
and Roosevelt dock around the Point in Chocomount Cove, have pre-existed this chapter by 35
years. The Didriksen 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. The Town Trustees have issued the
Wetland permit for this pier construction project acknowledging structure attributes required for
this exposed site and sea conditions while preserving and protecting the environmental resources
at the site and how the resources will not be adversely affected and benefit from the design features
and materials specified for use in the construction.
This section 111-10 B variance request is based on the factors for consideration in section 111-9:
A: The pier construction project is reasonable and necessary for boating access beyond the
intertidal field of boulders. The structure design has been minimized and will be suitably stout and
environmentally appropriate in view of current resource protection standards.
B: The structure will not cause erosion at the Didriksen property or at adjacent properties.
This project is suitably designed for the "nearshore" site in accordance with section 111-11 and
there is no excavation, dredging and fill proposed.
C: The features of increased height gained by the approach ramp,initial pier height and use
of "Thruflow" decking will maintain environmental and habitat quality of the intertidal and
shallow subtidal zone waters and sediments 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. The southside berthing restraint protects eel grass.
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. The facility is the
minimum structurally suitable dock option available which will not adversely affect tidal wetlands, \
submerged aquatic vegetation, finfish or shellfish, habitat, water quality, water flow and
circulation,natural protective features or functions of the shoreline,navigation or public access to
public access to public trust lands or waters of the State or Town. In order to be in compliance
with the codified regulations and recommend best management practices in these site conditions,
5
7/8/2022 11:58 AM
the structure cannot be removeable. A variance to the provisions of Chapter 111-10 B will not
diminish ecological features or habitat and is respectfully requested so that the Coastal Erosion
Permit can be issued for this project by the Town Trustees. No public funds will be expended in
the course of completing this project.
Respectfully Submitted,
Docko, Inc.
Keith B.Neilson, P.E.
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Property of Dana Didriksen, Clay point Rd,Town of Southold, County of Suffolk, NY
Summary
777,777777777-777777=
Name,
777777:�
1%Annual Chance Flood 4 137,980.55 N/A
0.2%Annual Chance Flood 2 28,850.71 N/A
Storm Surge Zones 0 0 N/A
Coastal Erosion Hazard Area
(CEHA)Line I N/A 693.53
Coastal Erosion Hazard Area
(CEHA)Buffer 2 168,411.55 N/A
NYDOS Costal Risk Hazard
Area 3 109,236.28 N/A
Earthquake Susceptible Soils 1 131,623.58 N/A
Landslide Susceptibility 1 197,304.94 N/A
Wildfire Hazard 2 197,304.96 N/A
Expansive Soils 0 0 N/A
Shallow Groundwater 0 0 N/A
1% Annual Chance Flood
Flood Zone, �gjai t 10;Bij p (o d Elevation.'..
1 36103C
VE 14.00 108,637.69
2 36103C AE 10.00 28,850.71
3 36103C VE
113.00 492.15
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Coastal Erosion Hazard Area (CEHA) Buffer
Buffer d. rea 1,Vil
Water 115,922.06
2 Land 52,489.49
NYDOS Costal Risk Hazard Area
ftZ 2
I Extreme 45,835.04
2 Moderate 34,731.69
3 High 28,669.55
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Earthquake Susceptible Soils
#` '+Soil'Class T e D&E Are Considered1Hazardous) Area(ft�)
1 C 131,623.58
Landslide Susceptibility
Susceptlblllty
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1 Low incidence 197,304.94
Wildfire Hazard
#:, a liYlldflre'Hazard:IYpe`
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1 Wildfire Urban Intermix 145,571.54
2 Non-Wildfire Urban Interface/Intermix 51,733.41
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Town of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 07/11/22 Receipt#: 303288
Quantity Transactions Reference Subtotal
1 Application For Appeal 1 $250.00
Total Paid: $250.00
Notes:
Payment Type Amount Paid By
CK#6007 $250.00 Neilson, Keith B
Southold Town Clerk's Office
53095 Main Road, PO Box 1179
Southold, NY 11971
Name: Neilson, Keith B
5 Village Dr
East Lyme, Ct. 06333
Clerk ID: DENISN Internal ID: 1
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