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Home My WebLink AboutDidriksen, Dana DENIS NONCARROW o~� �y� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 ti 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Q Fax(631)765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER �0,( � Telephone 765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Keith Neilson , Docko, Inc P.O.B. 421 Mystic CT. 06355 August 25, 2022 Dear Mr, Neilson, The Southold Town Board, at its regular meeting, the Town Board passed the enclosed . resolution, 2022-721. Also enclosed are the Findings and Determination. Very t yours, Denis Noncarrow Southold Town Clerk Enc. Southold Town Board -Letter Board Meeting of August 23, 2022 RESOLUTION 2022-721 Item# 5.37 ADOPTED DOC ID: 18378 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-721 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 23,2022: WHEREAS,the Board of Trustees denied the application of Keith Neilson of Docko Inc. on behalf 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; with the condition of the use of thru-flo decking; and that there is no tie-up for vessels on the interior portion of the arm of the dock; and as.depicted on the site plan prepared by Docko, Inc., dated December 29, 2021, within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000- 2-1-6, 6180 Clay Point Road, Fishers Island,New York, under the Town of Southold Coastal Erosion Hazard Areas Law(the "Law") of the Town of Southold pursuant to Section 111-11(c); and WHEREAS, on July 11, 2022,the Applicant submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, on August 23, 2022,the Town Board conducted a duly noticed public hearing on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the Applicant's consultant and other interested parties; and WHEREAS,the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore,be it RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findinp's and Determination dated Aul4ust 23,2022 granting the application of Keith Neilson of Docko Inc. on behalf of Dana Didriksen for a coastal erosion hazard area permit pursuant to $111-20 of the Town of Southold Coastal Erosion Hazard Area Law and be it further Generated August 24, 2022 Page 54 Southold Town Board - Letter Board Meeting of August 23,2022 RESOLVED that the Town Board had determined that this action is consistent with Chapter 268,Local Waterfront Revitalization Program; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. Denis Nonearrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Greg Doroski, Councilman AYES: Nappa,Doroski, Mealy, Doherty, Evans, Russell Generated August 24, 2022 Page 55 Southold Town Board -Letter Board Meeting of August 23, 2022 RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. Denis Nonearrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans,Justice SECONDER:Greg Doroski, Councilman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell Generated August 24, 2022 Page 55 TOWN BOARD COASTAL EROSION HAZARD $OARD OF REVIEW TOWN OF SOUTHOLD -------------------------------------------- In the Matter of the Application of DANA DIDRIKSEN FINDINGS AND 6180 Clay Point Road DETERMINATION Fishers Island, NY SCTM#1000- 2-1-6 -------------------------------------------- FINDINGS AND DETERMINATION Based upon the application, documents contained in the Board's file, site inspections and testimony received at the public hearing held on August 23, 2022, the Town Board finds and determines as follows: ISSUE Keith Neilson of Docko Inc. on behalf of Dana Didriksen has filed an application with the Town Board, as the Coastal Erosion Hazard Board of Review (the "Board"), dated July 11, 2022 requesting the following relief- 1. elief:1. A reversal of the Board of Trustees June 22, 2022 determination preventing the issuance of a coastal erosion permit in accordance with Chapter 111 of the Town Code. FACTUAL BACKGROUND AND PROCEDURAL HISTORY A. Description of the propeM and applicants: The property that is the subject of this application is parcel SCTM# 1000- 2-1-6, 6180 Clay Point Road, Fishers Island, New York. The property is currently improved with a single family home, decks and foundation. The property is located in the residential zone. As confirmed by the Board of Trustees, and acknowledged by the applicant,the property where the proposed work is to be performed is located within the Coastal Erosion Hazard Area as established by New York State in 1991. The applicant submitted an application to the Trustees to authorize to construct ZL 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 f 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; with the condition of the use of thru-flo decking; and that there is no tie-up for vessels on the interior portion of the arm of the dock; and as depicted on the site plan prepared by Docko, Inc., dated December 29, 2021; within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000- 2-1-6, 6180 Clay Point Road, Fishers Island, New York. B. Trustees Procedural History: I. Application The applicant filed an application with the Board of Trustees on March 31, 2022 to authorize the construction of± 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; with the condition of the use of thru-flo decking; and that there is no tie-up for vessels on the interior portion of the arm of the dock; and as depicted on the site plan prepared by Docko, Inc., dated December 29, 2021; within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000- 2-1-6, 6180 Clay Point Road, Fishers Island, New York. II. Public Hearing: The Trustees held a public hearing on this application on June 22, 2022 at which times all those interested were given the opportunity to speak. Keith Neilsen of Docko Inc. appeared on behalf of the applicant. III. Trustees Determination and Certificate of Compliance. On June 22, 2022 the Trustees issued a determination stating that the proposed construction fell outside the jurisdiction of the Board of Trustees due to the proposed application being located within the designated Coastal Erosion Hazard Area and therefore the Trustees could not issue a permit under the tidal wetlands act denied the application without prejudice, and as such further application would need to be made to the Town Board. IV.The Town Board Proceeding On July 11, 2022, the property owners timely filed an appeal of the Trustee's determination pursuant to Town Code Chapter 111 with the Coastal Erosion Hazard Board of Review(the Board) seeking the reversal of the Trustees denial. The Board held a duly noticed public hearing on August 23, 2022, at which time all interested parties were given the opportunity to present testimony on the application. Keith Neilsen of Docko Inc. on behalf of the applicant addressed the Town Board's concerns with regards to the application to authorize the construction of± 130 linear feet of 4' wide fixed wood pile supported pier in which±73 linear feet is waterward of the 2 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; with the condition of the use of thru-flo decking; and that there is no tie-up for vessels on the interior portion of the arm of the dock; and as depicted on the site plan prepared by Docko, Inc., dated l December 29, 2021; within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000- 2-1-6, 6180 Clay Point Road, Fishers Island, New York. Members of the public had the opportunity to appear and the record was closed on August 23, 2022. APPEAL OF THE TRUSTEE'S DETERMINATION Pursuant to §111-24 the Town Board is designated as the Coastal Erosion Hazard Board of Review and has the authority to "[h]ear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Administrator in the enforcement of this chapter."See, Town Code §111-24 (B). Furthermore, the Coastal Erosion Hazard Board of Review has the authority to "reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Administrator, including stop or cease-and-desist orders." See, Town Code §111-25. When considering appeals pursuant to §§ 111-24 & 25, the Board is limited to the record on appeal and the arguments made before the Board of Trustees. In this instance, this Board finds, based upon the record before it, that the applicant has supplied the sufficient information regarding the criteria set forth in §111-9(A-C) of the Town Code to support the granting of a Coastal Erosion Management Permit. CONCLUSION Therefore, in the interests of justice and for the reasons set forth herein, this Board grants the appeal of the Applicant pursuant to Chapter 111 of the Town to authorize the construction of± 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; with the condition of the use of thru-flo decking; and that there is no tie-up for vessels on the interior portion of the arm of the dock; and as depicted on the site plan prepared by Docko, Inc., dated December 29, 2021; within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000- 2-1-6, 6180 Clay Point Road, Fishers Island, New York. Dated: August 23, 2022 3 W - TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE Mr Dana Didriksen TO ADJACENT to the Town Board of the Town of Southold.: PROPERTY OWNERS TO: Colin Cashel, 839 Country Club Drive,North Palm,FL 33408 Whitney Armstrong, 860 Union Plz,Apt 23,New York,NY 10017 Warren Vandeventer,37 Fox Lane,Weston, CT 06883 Garrett Walls, 91 Central Park West,Apt 14D,New York,NY 10023 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request a variance exception to the Tidal Wetlands law to allow for construction of a permanent docking facility of more than 200SF gross area for recreational boating in Fishers Island Sound. 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map# 1000-2-1-5.2 Property Address: 6180 Clay Point Rd. Fishers Island 3. That the property which is the subject of such Petition is located in the following zoning district: Residential 4. That by such Petition,the undersigned will request that the above-described property be placed in the following zone district classification: No change to zone district classification requested. 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold,New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times newspaper published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. Dated: JAugust 9, 2022 Dana Didriksen Petitioner 13 Howard St., Sag Harbor,NY, 11963 Mailing Address PROOF OF MAILING NOTICE NAME ADDRESS SCMTN 1000-2-1-11.3 Colin Cashel, 839 Country Club Drive,North Palm FL, 33408 SCMTN 1000-2-1-7.3 Whitney Armstrong, 860 Union Plz,Apt 23,New York,NY 10017 SCMTN 1000-3-1-1 Warren Vandeventer,37 Fox Lane,Weston, CT 06883 SCMTN 1000-3-5-2.2 Garrett Walls, 91 Central Park West,Apt 14D New York,NY 10023 STATE OF NEW YORK SS COUNTY OF SUFFOLK Keith Neilson, P.E.., residing at Docko,Inc. PO Box 421 Mystic, CT 06355, being duly sworn, deposes and says that on the 9 day of Auust , 2022, deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at 26E Main St.,Mystic, CT 06355; that said Notices were mailed to each of the said persons by certified, registered receipt mail. Signature Sworn before me this day Of , 20a- . 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Southold Town Hall,.53095 Main Road,Southold,New York 11971 Dana Didrikscn,Coastal Erosion Hazard Board of Review Appeal "� we 'i Application 1Y "* SCTM# 1000-2:1-6 �” v x`” `, "'f•. a .. .:b.... 6130 Clav Point Road,Fishers Island,New York 06390 This proposed Coastal Erosion Appeal Application proposes to allow 1 hr -,t construction of a permanent,non-movable wood timber pier of greater than f> i 200 square feet _ . 3 IL RESOLUTION 2022-626 "Q ADOPTED P D DOC ID• 18289 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-626 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 19,2022: RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, August 23, 2022 at 9:01 A.M. at the Southold Town Meeting Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing upon the Coastal Erosion Hazard Board of Review Appeal of Dana Didriksen, which seeks relief from Section 111-4 and 111-6(3) of the Town Code to allow construction of a permanent, non-movable wood timber pier of greater than 200 square feet in Fishers Island Sound area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-2-1-6, 6180 Clay Point Road, Fishers Island, New York, and directs the Town Clerk to publish notice of such appeal in the Suffolk Times newspaper not less than ten (10) days nor more than thirty (3 0) days prior to such hearing and to notify the applicant by first class mail. Denis Noncarrow Southold Town Clerk i RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Greg Doroski, Councilman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT the Town Board of the Town of Southold hereby sets Tuesday, August 23, 2022 at 9:01 A.M. at the Southold Town Meeting Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing upon the Coastal Erosion Hazard Board of Review Appeal of Dana Didriksen, which seeks relief from Section 111-4 and 111-6(3) of the Town Code to allow construction of a permanent', non-movable wood timber pier of greater than 200 square feet in Fishers Island Sound area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-2-1-6, 6180 Clay Point Road, Fishers Island, New York, and directs the Town Clerk to publish notice of such appeal in the Suffolk Times newspaper not less than ten(10) days nor more than thirty (3 0) days prior to such hearing and to notify the applicant;by first class mail. Dated: July 19, 2022 BY ORDER OF THE SOUTHOLD TOWN BOARD i Denis Noncarrow Southold Town Clerk U.S. Postal Service"' CERTIFIED k O RECEIPT Postal M Domestic Mail Only CERTIFIED P ; r ! � Domestic gum //�'�� Ir Certified Mail Fee D-QD Ir 00, F• F � dAl L U H �. $ �- Certified Mail Fee CO r services&Fees(checkboxeddleeasapproprate) $ etum Receipt(hardcopy) $ cO Ext ervices&Fees(check box,add fee as appropriate) 7 O ❑Return Receipt(electronic) $ , tumReceipt(hardcopy) $ Cert�ed Mail Restricted Delivery $ O """��❑�"RetumReceipt(electronic) $ O Adult Signature Required $ O PostmEtrO ❑Certlffed Mall Restricted Deiivary $ �e❑Adult Signature Restricted Delivery$ O ❑Adult Signature Required $ �� postage ❑Adult Signature Restricted Delivery$f1J $ p Postage SS Y N Total Postage and Fees fLl $ Lt'90 17 rU $ Total Postage and Fees rU � S r rl.t '-- - - -1------- o.;Pr oxlJo. rtj l�------ 0 � I M1 9 Dr. -- I . 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Postage s O ru f( Total Postage and Fees �\y r� Total Postage and Foes LIQ J 0\ eru y� $ $ t� t t o o P r-:1-- O f1J - - ------- - --- C3 t p.No., t e,Z/P+4 - - - --- i — r15 PSN 7530-02-000-047 3verse for Instructions iPS Form :.rril 2015 .r .rr b77c4509-b7f1-4d48-9038-e21ba4c0517a lynda.rudder@town.southo Id.ny.us i AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, i County of,Suffolk, i The undersigned is the authorized designee of The Suffolk Times, a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice,a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: August 04, 2022 This newspaper has been designated by the County Clerk of Suffolk County, as a newspaper of record in this county, and as such, is eligible to publish such notices. Signature Eliot T. Putnam Printed Name Subscribed and sworn to before me, This 08 day of August 2022 Notary Signat As W ® S1AfE OF NEW PORK ' ; NOTARY PUBLIC : n Notary Public Stamp .4 • A MANY o I SOUTHOLD TOWN CLERK 1 i I b77c4509-b7f1-4d48-9038-e21ba4c0517a lynda.rudder@town.southo Id.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT the Town Board of the Town of Southold hereby sets Tuesday, August 23,2022 at 9:01 A.M. at the Southold Town Meeting Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing upon the Coastal Erosion Hazard Board of Review Appeal of Dana Didriksen,which seeks relief from Section 111-4 and 111- 6(3) of the Town Code to allow construction of a permanent, non- movable wood timber pier of greater than 200 square feet in Fishers Island Sound area in a Coastal Erosion Hazard Area located on property on parcel SCTM#1000-2-1-6, 6180 Clay Point Road, Fishers Island, New York, and directs the Town Clerk to publish notice of such appeal in the Suffolk Times newspaper not less than ten (10)days nor more than thirty(30) days prior to such hearing and to notify the applicant by first class mail. Dated:July 19, 2022 BY ORDER OF THE SOUTHOLD TOWN BOARD Denis Noncarrow Southold Town Clerk SOUTHOLD TOWN CLERK 2 i StNDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY mstA- N14t0i k t m Complete ite' i,2,aind-.3. I l 1 1, il. -. -. ..`1 1". -. . . .-. �Agent 0 Print your name and address on the reverse 11 Addressee so that we can return the card to you. E Attach this card to the back of the mailpiece" B.Wbeived by(Printed Ve) C. Pate of Delivery or on the front if space permits. Article Ad re to: D. Is delivery address different from item 1? El Yes If YES,enter delivery address below: [3 No CAC.0 In 4. ao)c e&t355 c- C--T- OG 3. Service Type El Priority Mail Express@ 0 Adult Signature [I Registered Mail dult Signature Restricted Delivery D Registered Mail Restriloted. Certified Mail@ Delivery 9590 9402 7131 1251 6914 25 1 0Certified Mail Restricted Delivery 13 Signature Confirmation—�- 0 Collect on Delivery 0 Signature Confirmation 11 Collect on Delivery Restricted Delivery Restricted Delivery q yail Insure ?010 i 1060' ,00011 15 71 23,2`11 I I q insured Mail,lieptitctedDelivery I (over$500) -PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return"Receipt 'U.S. Postal ServicelNi U.S. Postal Service,rn CERTIFIED MAIL. RECEIPT CERTIFIED MAILT.- RECEIPT 11 (Domestic Mad Only-No Insurance Coverage Provided) nj omestic Mai-I Only;No Insurance Coverage Provided) ru rfl M delivery information visit our website at wwvv.uspS.CoMG) ru Pu� C ru 1A r, 1k U V�4 "UWL 0963 Ln P.-t-91. A 11F Ln Postage'V . r-q $3.25 02 Certified Fee $07.CIE, th Certified Fee Krr $9. r=I . 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To o ba- 9Q I ................... ---------- r-q 'Street,Apt No.; r-3 orPOBoxNo. 1) C3 k orPOBoxNa.----qi---- --- =ta=te,ZI:P+4n,,, --- State,ZIP arbo-r Wi MC95 PS�Form 3800,August 2006 PS Forlm 3800,August 2C= Reve�se for lnstructio6 _j RESOLUTION 2022-626 ADOPTED DOC ID: 18289 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-626 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 19,2022: RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, August 23, 2022 at 9:01 A.M. at the Southold Town Meeting Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing upon the Coastal Erosion Hazard Board of Review Appeal of Dana Didriksen, which seeks relief from Section 111-4 and 111-6(3) of the Town Code to allow construction of a permanent, non-movable wood timber pier of greater than 200 square feet in Fishers Island Sound area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-2-1-6, 6180 Clay Point Road,Fishers Island, New York, and directs the Town Clerk to publish notice of such appeal in the Suffolk Times newspaper not less than ten (10) days nor more than thirty (3 0) days prior to such hearing and to notify the applicant by first class mail. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans,Justice SECONDER:Greg Doroski, Councilman AYES: Nappa,Doroski, Mealy, Doherty, Evans, Russell c ✓ - as Town Hall Annex > Glenn Goldsmith,President ®�� /y®� 54375 Route 25 -7.yR:�i A.Nicholas Krupski,Vice President ® P.O.Box 1179 Eric Sepenoski , _: Southold,New York 11971 ' Liz GilloolyTelephone(631) 765-1892 Elizabeth Peeples ''' �� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 17, 2022 RECEIVED Keith Neilson, P.E. JUL 1 1 2022 Docko, Inc. ' 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, 'L .q 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. A11 development is prohibited in nearshore areas unless specifically provided for by this chapter, and as per Chapter 111-6 Definitions - Unregulated Activity—docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area less than 200 square feet or which are removed in the fall of each year, and, NOW THEREFORE BE IT RESOLVED, that for foregoing reasons, and because the proposed action is located entirely within the coastal erosion hazard area and in a nearshore area, and because the proposed action is not permitted in such areas pursuant to Chapter 111 of the Town Code, that the Trustees deem the proposed project to be impermissible.under Chapter 111, and, BE-IT F URTf IER. '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 29,42021. 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, fig Glenn Goldsmith, President Board of Trustees GG/dd Do:cko, :ono. serving•the waterfrontcommutiity since 1987 P.O.Box 421,Mystic,,CT 063:50(860)572=8939 Fax:(860)572-7569,email:office8docko:com Juni.16,'2,022 Mr.Denis Noncarrow : Town Clerk,Town of Southold Southold Town Trustees' 53095 Route.25 P.O'.Box 117.9 Southold;NY 11971. . Re: Dana Didriksen Property,Fishers Island Coastal Erosion Appeal Application - Dear.Mr.Noncarrow: ' On behalf of 1 ft.Dana Didriksen,we enclose herewith-our Coastal Erosion Zone.App6al application package for the dock construction project at Mr..D.idriksen'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:fadher W6ri mation arises.We look forward to presenting this project to the Town Board at yourinext scheduled meeting.Due-to my travels being governed by the Cross'Sound erry.schedule;I respectfully request a place early in the.agenda. '• Very truly, yours, DOCKO* .INC. .Keith B.Neilson;P.R.. 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: Chester III THE ALLEGED ERRORS IN THE DETERMINATION ARE: INTERPRETATION THAT IS CLARWED TO BE CORRECT: RELIEF SOUGHT: Allow construction of a permanent non-movable wood timber vier ofp-reater than 200 SF in Fishers Island:Sound. * Y OF ENTIRE B OARD OF-TR I E FILE INCL'UI?ING.ANY S MUST.-BE O'THIS;APPEAI; siGNATuRE OF APPLICANT �a7v .r .\,1P' ;'•". (j i% `P�!`�'(�r-�;q's.+\y�1.:�L��.- _ n:'�'I.l��Y�.�^'^ ' ��yl'�F--,`X ..:n`S `.:T:;�•� 11 ri•1 t "'4�. /—.r';J •ji `„'✓”. 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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' over 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 proj pet 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 7/8/202211:5 8 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 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 7/8/202211:58 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 7/8/202211:58 AM including the NY DEC, INY 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. 6 t'.is JS.+.'"Y::tl a'"t i•°`. �ddatK•'':r`e..Yi"+,,�.. t fir, r' apt>r�•°'lJ .y-i:'"):r,'-i..;»-•t.�:-'� �$,i �,+��.y( _ � f .. ' i., •.Y .� 'f,< ti.v.3 JT,"`�,�Y�t.`}'�28 .§t'" '�° j k �t�E x • _° r,.fit•t Jaw � .y.A�� li ,,, a'„*-,. �'^ - ',..,•,t 1�.:"-..,.rvfi, '.745{'¢' =;�'".:f°,S ..,•w;. �t�► w:;�xjg ',&�<=';'=��.�.•,i�ad.a� 'zz�w. �< ' y4��,' t .t+l r'•Z ^,'�ti:r�,�f-•, ..4': t�r'P T 'a`#�I '#.. 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A ../ " /4 •T !+ �/'.f ./.f� ! .lf ,l' f'_r f �/•f .:..lf ` +l. fr `1 y', t..r : r J y� /� ♦` .rr t:iv _ .- r1'1." �� '�/ ^ l'�/•"�J`♦ !'.r. .j .r'. e •.. 1 'jd ! •r .J r �. 'a l -.{ tr .`rte ''� >._ %s ,,, t , f'r /,� s r' J�f' F ✓f,• 1 /i ,rte 4 •/'�.- NE PIA 40 /' :rl 1' /� r�,�" �•� �,�,-f; � ;� r / it ,, •%/l• rb*�F` • 1 1'•♦ L � r ,, �.. � •�h �Q aim°y"`z t3h � � Fli- /` fk•• ( 't°i'•Ff-�. •, •y ,,.t 3'ht91. 'A�/a:',•'tr. +fN';i i•.��+. �Lf - �•.p -✓ 1�.. c�' Yt 4.3 s_�+f•j '.: ~ is 4 • , b�?t� ib �� Yn .�f _ r ,s'� S^ �?'�"'c,. fit.+fi++ ' .,�+��,+.+ a�'•''! a :�: � �2•• � .•_'] :m .- �r''�',`Ll: 1,-s' s§{�rk=��''�i x, • 6116122,9:08 AM Property of Dana Didriksen;Clay point Rd,Town of Southold,County of Suffolk,NY Summary Name. Count, Area(ft2) Length(ft) , 1 DA 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 NIA (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 I%Annual Chance Flood _ ... DF�RM ID. Flood Zone: _ Static Ba§e`Flood Elevation Area(ft2) - 1 36103C VE 14.00 108,637.69 2 361030 AE 10.00 28,850.71 3 1 36103C VE 113.00 492.15 0.2%Annual Chance Flood # -DFIRM ID Flood-Zone Static Base Flood Elevation- Area(ft2) I 36103C AE 10.00 28,850.71 Coastal Erosion Hazard Area (CEHA) Line :� . ' t:engtft . . .. .. s; .Letigthi;(ft) •..�:. . 1 2,242.10 693.53 Coastal Erosion Hazard Area (CEHA) Buffer # Buffer.. . Area(W),... i 1 Water 115,922.06 2 Land 52,489.49 NYDOS Costal Risk Hazard Area #/ Zone. . Area(tej: 1 Extreme 45,835.04 2 Moderate 34,731.69 3 High 28,669:55 213 • 6116/22,9:08 AM Earthquake Susceptible Soils #. :Soil daiss:TY.pe(15''8 E Are.°Cgnsidered Hazardous) Area(ft2) 1 C 131,623.58 Landslide Susceptibility Susteptibillty►Type! Area(M) 1 Low incidence 197,304.94 Wildfire Hazard Wildfire Haiard'TIIP..e Area(tt'i 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.Referto the complete Terns and Conditions at this site. r 3/3 AER SUPPORT "FISHERS ISLAND_SOU.NI FISHERS ISL�.NI� SOUND N /� SITE NEW TIE-OFF PILE(TYP) FLING(1 YP) zi 6,_ ----------------- CLAM (7YP) -- EXHIBIT i� --- _ .9.t7 NEW PIER '>I�' I PIN SET IN DRILLED HOLE IN PILE SUPPORTED.3-FT WIDE FISHERS ISLAND SOLJN� ^ i-r l r.-' BouLDER(TYPj BOULDERM(p) SHIPS LADDER W/RAILSJUNE 13,2027 4 �78 DANA MDRIKSEV CLAY POINT-FISHERS ISLAND -"(-- /_�.-!. ,/ ,., �C..•%'.'r .':r%` 1- ,.'.� _ _ ----------- -79 �2t ...n, _fes'•-fit^ ``tom:, r ,�' � z-,-,...:<%� .r per• .',`=� �J• 'a: } .moi < q.�, �4 ;ytv`;Tk ,xx„!ry�..pl�..��r�Firu y�, a, r'• 1., a{.." j=t±�^'"\° iS. tl,: siw'<:`oy 'r<,i' �v' FISHERS' ISLANDor •- -BxFT r; :,,'-- •. :....w.; > 1'�rr.,.. /+,i"�, �` c.'.r,'. r, ziu; :.;t'<,,,�, i 'J ',�n t ) .,t � .', :a„> 7 -TOWN OF SOUTHOLD^ �E BOULDER FOUL-ROCKS AND PIIVNEO PILE DETAIL �' ;j }' r ✓” (TMP) %r - - �i;, , t ;�_' BOULDERS �. y n.' % a -7- NOT NAV/ G..��A•BL6J E F�- - LOGATIOfV PLS -•<i ' 6. NEW 4-FT WIDE X.30±LF ,� LARGE BOULDER Y"�, �; `;�..c..--`,.f." iS�•�,•a•,_i ANGLED PIER SECTION' '--' —6.3 LOW PIER' I �_;4u� ; -_-,.�., l �� -_ CONDITIONS OF APPROVAL: TIDAL WETLANDS PERMIT #10167 W/RAIL ALONG SOUTH SIDE - •-6.9 _ „i-i" ,.:Yy, r h \` �• J> SOUTHOLD TRUSTEES JUNE 15, 2022 IN FISHERS ISLAND SOUND 1 USE OF THRU-FLOW OPEN GRATE DECKING FOR THE FULL 6.3 `5 S.8 y- NEW 4--FT --6.7 WIDE .'l LENGTH OF THE PIER SEAWARD OF THE HIGH TIDE LINE. �Ti''I,�•• _I_', L=!. / { ''^t. . .41-C 2) NO BOAT BERTHING ON THE SOUTH SIDE OF THE PIER HEAD. EEL GRASS•, r •` 1 ,.^ =PILE SUPPORTED J~� PIER w/NEW RAILS R�: � w,-•i _.,' -,_ NEW TIE-OFF PILE ' r ' NEW PIER SUPP _ -•I ��'�'I- � '`--rr�-' _�=r--}.`i `i�_�,>--,: ,.� /I--•��% �.�.r �_� ,_.,,-r._,_ ' �',_.��.,�� s•�-"��_-' TOP EL 15.1_FT(TYP) ?.4 (� APPROXIMATE ALWL 2.0 �i /� h ` I �: ) s 6_•- r,..,:-T � _:� a: .'. , PILE TOP EL 4-F - 4-FT ABOVE DECK T `�' . :�__�" DECK r (BOULDER FIELD �. r�•�': r, �.Pi `� r 't. ��:;F} .<:J> .•,'tAPPROXIMATE{ I I J- `- " .. :' �� NEW WATER WIDTH -/ . f: .. ,4J1 _ y:.,�S u .i y../7'� _ �_'�-d .. ;1r---,� 'I>-�'�`•'t_.; � �,1�'� ;- ;: -� --� �1 �f! ✓.•, .. ! �ELECTRIC f----� {, _' -.`.:.._�--r _>- ,, 'r• �YG :.. UTILITIES 1 r .:.�,..:.._. ti:� ::, : Y °• 'q BOULDER FIELD-7_ ;LARGE BOULDER(TTP)-7-1- D", P)-- „ END DECK EL 4.3t �, ;I -J �',� '�- _ L:._ss:�' - ---;::;'_'��: �'� ''�•:., f _-, .___�,__-�t - _�._•._ • --- _ I it -- O �- -1. N� Y_ �;, ;��,_• _. :: h �...,, .: �POSTAPPLICABLi - AHW 2.b- PERMIT NOTICES Mmw 0.8 !.': A, MHW 0.8 - � I�;-•-.._� - '� ;� „ -u 's' .r-.}� ....�: ;•APPROXIMATE ! -NAND O.O— '': AHWL 2.0 ----- iI A4-WL-1.7----- I NEW SPLIT CLAMP I ALW1-I-1.7 y- GROSS BRACE(TYF ,i '-'� �T•� J-%') / 11. •'i 'e';:J:i�•;.t.r;,-,_;4>•Hi•Nj`:y'G% v .^!:°.`u r..'v...:. .:;9?.15�;';''� - .-.I �?'' '� - ( _~.F^(�1 y _ ( .� I' �ta:K.>�::,t'_.;'. :+.41:x.,...m......titl�.�,•r•:u,.r „+.r:...i .. •w7^:%�;o'BOTfOM SEDIMENTS:SAND&ROGKS��;.:;��• - ..�'- •�., ,. ...:.::•.. 4-4 a:';,.e, 5:Y7.�i:::.\�'-i''`S�iS:':'<:n.'.•�rti(::::'Y w.i; 5.0 -.a - 73_FTAPPROXIMATE �,�-.-:,x�:i•:w,•.;.�>,•�II_.,..•_.,.3....>r:;:r• t�;�: �.I ..... I�;: x:r;`:-�,;:�}�;-,'<;...n.:�::. PROPERTY LINE NEW FOOTPATH ,�: 3 ' CLEAR OF TIDAL �N`w® 1,01 (' i `� `� WETLANDS 4-Fr WIDE x o --—--- -- - 1. SITE 30xFT 4-Fr WIDE X 705sFT PER SEDT �J �,ROPERTY OF NEW REMOVABLE ANGLED PIER >;1 ' DECK EL7.7�F1'-APEX ELEVATION PIER SUPPORT PILE DIDRIKSEN SHIPS LADDER wk%aw•nE-OFF PILE TOP EL 4-FTA50VE AND LENGTH MAY VARY DUE T i / RESTRANT PILE 0N5 .4 1 '' BRUSH AREA OF TOP EL iSxFT DECK PP) BOULDER LOGAT1 SLOPED DECK DENSE BRUSH n ERANGLEPOINT Ep DEGKMgXIMIN 1:10 ' •i l , '1.J� � III EGK EL 43:FN�RN�T MUM 1:10 V ;'r�1 1 TIDAW L ETLANDS PER j -- (_ FISHERS ISLAND SEAGRASS -NAVD= I=AHWL- =1'1HW: .�,..r'y')_ r?;;° i, l%',••vN; !y :C. ?`?” MANAGEMENT IMAGE ----- _ - --- ALv✓L-1 -- zJ ,h>;; F= >,,Y<: �tj s' Sparhnaalternlflaro NEWIt1DDER5 - :3., .;r,,";,':I as= *' '' '.'�-I •.�O ' ',,`'1-s'%�rS..%:i^I:':T7•.:;'i>��s- � E BOULDERS Y. A +f� /' I .t_ o*::"� S7a;:i:1:,. 'z,y..v.,;;:.¢o:�•".'".' ALONGSHORE(TYP) n;:_`'�^44r +s?j% 1�•NEW Wf TER (" NEW SUPPORT PIIS PINNED TO BOULDER �/IEW - ' �'•” LOGATONS MAY VARY(5EEDETAIL) swA;xA' ?>r ELECTRIC UTiLfiIES •':.:: 7 � caisys:scue,'.n• •h"s`°� '�`F. ��`".:i I*ut.Y-:�]}:.::£`:s:.^s=1ll::.•:`.`..'.:...I�rLT., •1 i `•1•L `` BRUSH LINE / ® I BCTTOM SEDIMENTS:SANDE ROCKS PROFILE 5 7/B/20�21151 Pf'I D'drOczcrLDock��4X36�Jvbk.cMg Town of Southold ' P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 07/11/22 Receipt#: 303288 Reference Subtotal Quantity Transactions 1 $250.00 • 1 Application For Appeal 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 i Name: Neilson, Keith B 5-Village Dr East Lyme, Ct. 06333 Clerk ID: D.ENISN Internal ID: 1 ,t } _ y , t.flry;:i3.Y-,J•'n.>:::�:%4"F..L I w,i:S•','�'Y.:J�.e��:.T+`. _ �r, r:pec:0.TT!'6't3av,•1i5:�N-a"'"p?�C3f9:..%i`."•rtL"�:f%e.+�"w'-. ..t: r..ie::-..r. h, rl:�� :Y..:'"aF::yr'r n.a..~ fY' ..i�tiCVYrYi"r♦:• ,.• r.N,•er o:i�rs+n�r..r� _ y• v r .-..�. •-KEITMO-NEWS _ GAIi1D1I;CE VNEIESOi�I� � _ 4•�^ =': .. ,.si;�33�2iit."�: %.. 1 N' 15�%iLF:AGE IIANa. - ,rr•Kn w,r>e-rc,. ,y.,,.,c,w �-.� •.s x � Yr.n,�-`-r�i�.2%��y.,.ra.v.+•.i ,acr..rv�jina+s+V'r ,v.�a•::?-..r' :•-i•.. ,,....U63333n:..._..,:.��:.:,.:�-:H�:;;` ': �w,�.�' .: ...,:><•. - r..�r:r--Mate-<�-�IDC�ECKoA4A�8'.; ...- "� .._;.,�•x�5.FLYME GT. .:,,r...�•,..,—.-•,:<;,a_.<;a.,.-•:r�_� zr�,..z, .•:.�. �� -� .: :.'.>.r.^ � •� •v.rvn:--.,.cam i>rn:+:s.:t`rr+. ...lis.•.•:s+rw�as^ � n7 iC'�^-'+m,. r ,1•ci,-.M.�,2 nd_` _b. `_ 2nrM1w•M•.ma•.�Irr4:•N..�n✓.+'Fn+..a4,M�Re`•e%.T.ab,•1[-f',• ,:�•.��"':b"�:.� � � _ ,a:#,2,,,aavr:.a-..,.u..e;.�...-.-,.,.e•,.:�.,,.+�:� _,.K;.r...z.�t>,,.•�=-�•-� � ....".. 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Q,n±-Va/FM3hL..,r Y „yppyrry,rn l 17 �y r.x. �r.fK.�V'�r�."��i�.�'`�0.�.��.,Y1.ew.L•♦D' .`,,.:.,�.r.v.i-we•r-i.rx..,,.c.?�!✓e,-..a,.aa,•..ev.. > ,• „W,.w±ywui„rw,re..+�cxvmuv.•i.,cnKca+u'r'e�^dtai:.r.-s. -y,e.-i.•sw1^ra."' v�'�'Ie:SFr ,d��'' r r:•ar'rFy:�y .:.w.�`vn.y...aa�ennp.4urrya=ns.v�:c.uv.nir._ .u:icim��,—r.+.n..wa .rV e.e..>;+/,x e..cS�i'1{ears§n �w.T.-u..,..ern^'�?.cair.va,•.�n+.Y,..,os�».s,;n,..± f, C LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT the Town Board of the Town of Southold hereby sets Tuesday, August 23, 2022 at 9:01 A.M. at the Southold Town Meeting Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing upon the Coastal Erosion Hazard Board of Review Appeal of Dana Didriksen, which seeks relief from Section 111-4 and 111-6(3) of the Town Code to allow construction of a permanent, non-movable wood timber pier of greater than 200 square feet in Fishers Island Sound area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-2-1-6, 6180 Clay Point Road, Fishers Island, New York, and directs the Town Clerk to publish notice of such appeal in the Suffolk Times newspaper not less than ten (10) days nor more than thirty (3 0) days prior to such hearing and to notify the applicant by first class mail. Dated: July 19, 2022 BY ORDER OF THE SOUTHOLD TOWN BOARD Denis Noncarrow Southold Town Clerk STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Denis Noncarrow, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 26th day of July , 2022, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town website, www.southoldtownny.gov . PH 8/23 9:01 am—CEA Didriksen D nis N arr outhol own erk Sworn before me this 26th day of J 12022. Notary Public LYNDA M RUDDER Notary,Public,State of New York No.01 RU6020932 Qualified in-Suffolk County Commission Expires March 8.20 Southold Town Board -Letter Board Meeting of July 19, 2022 SUfFOt RESOLUTION 2022-626 Item# 5.33 ADOPTED DOC ID: 18289 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-626 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 19,2022: RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, August 23, 2022 at 9:01 A.M. at the Southold Town Meeting Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing upon the Coastal Erosion Hazard Board of Review Appeal of Dana Didriksen,which seeks relief from Section 111-4 and 111-6(3) of the Town Code to allow construction of a permanent,non-movable wood timber pier of greater than 200 square feet in Fishers Island Sound area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-2-1-6, 6180 Clay Point Road, Fishers Island, New York, and directs the Town Clerk to publish notice of such appeal in the Suffolk Times newspaper not less than ten (10) days nor more than thirty (3 0) days prior to such hearing and to notify the applicant by first class mail. �L �� l.� Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Greg Doroski, Councilman AYES: Nappa,Doroski,Mealy, Doherty, Evans, Russell Generated July 20, 2022 Page 55 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 thatyou 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. 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 FILE INCLUDING ANY R N S MUST BE 6 jjggMWQTHf&APPEAL, SIGNA URE OF APPLICANT 4D RPS Version 4-[Owner Update,Group-Inquiry,Name-inquiry] Fife Edit View Toolbar Window Help "--fisfiers;l'starid r ,RoII,Yea� 22 Cuir Yr.=". . ,: _ aaw' ."ba o-.tis' is ~i t.�^;'? �` Pwt,Rd Off.E E' Fid. La . ie;. . 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'^ Pa- ar ..z rm ,f:m• ` 1 , - 1. , Y a' y;=r�:.'a}>;p:.:s l,•;,,.t `�.1.': a"moi n`e".`, -s^i BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT NO. 10167 DATE: JUNE 15,2022 ISSUED TO: DANA DIDRIKSEN PROPERTY ADDRESS: 6180 CLAY POINT ROAD,FISHERS ISLAND q SCTM#: 1000-2-1-6 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in r 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 ±73 linear feet is•waterward of the Mean High Water Line and,±-86 linear feet is waterward of p 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 t chip access path through:the 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 arm'of the dock; and as depicted on the site plan prepared by Docko,Inc.,dated December 29,2021; and stamped approved on June 15,2022. rr ,1 IN WITNESS WHEREOF,.the said Board of Trustees hereby,causes its Corporate Seal to be affixed,and these presents to be subscribed by a majority of the said Board as of the year and day first above written. • 11 flflAX, �OgVT•��"CO A. Nicholas Krupski CO Z tik a 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. 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 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. Keith B.Neilson, P.E. 6 I +�`' t � rr' � s„yam y.,,,..� •� raj. �` � �► Sol MIN s k ' t w.. 3 � •9 r � 9 j R �" I� r Vi a Ai tea^+ 1� lY r�'•fi �r f, r v,� 002 . 00 - 0 1 . ov - 002•ooa Didriksen HMP Areas of Concern A. , 4�',► .` �,., ` M. ..y�. A. �-.M.s_,+.' a ,y ,. .:. ten. �.t,# «2a .•. " ... y,: jf �,"fit A" ' r. . � 4� . ' Any'L.r... 4 sik��M• `��'.Y�.. �' �j =u f. i >k�1F (, � 4�� '1�.`„ t* �k ��li � ' ,(' r 1 % i It �► a N ilk, .s Vit._ 6/16/2022, 12:23:33 PM 10/6 Annual Chance Flood 0.2%Annual Chance Flood 1:2,257 AE 0 0.02 0.04 0.07 mi Coastal Erosion Hazard Area(CERA)Line I I , I II T I I VE 0 0.03 0.06 0.12 km Coastal Erosion Hazard Area(GENA)Buffer Copyright nearmap 2015, Suffolk County. MassGIS. UConn/ 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 V@1)1j, Screening Report Area of Interest (AOI) Information Area : 197,304.98 ftz Jun 16 2022 9:05:34 Eastern Daylight Time a . t V 1 :213 ---- 0 03 0 Cb I i ca --- Tax Parcels 0099 0 1 km Nearmap U5 Vertical Imagery Red: Band 1 �.•��,�••.YJ i',Jy..lc _.�^u.:=Vt'. 'el iaSvl': ��.�.,.'TJE��,Ea. Green:Band 2 _.__ 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 Na Count Area(ft?), Length(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 I% Annual Chance Flood DFIRMyID"' Flood;Zone Stat�CBase FloodElevation Area(fE') ' 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 Stiatic Base F1' -d 1 36103C AE 10.00 28,850.71 Coastal Erosion Hazard Area (CEHA) Line ` 51 Length Length(ft), 1 2,242.10 693.53 Coastal Erosion Hazard Area (CEHA) Buffer 1 Water 115,922.06 2 Land 52,489.49 NYDOS Costal Risk Hazard Area Zone 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 Type(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(ftz) 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. T 3/3 =r V Glenn Goldsmith,President fjTown Hall Annex� S�(/Jy A.Nicholas Krupski,Vice President ,`O� �� 54375 Route 25 P.O. Box 1179 Eric Sepenoski l Southold,New York 11971 Liz Gillooly va ��' � � � Telephone(631) 765-1892 Elizabeth Peeples Fax(631) 765-6641 �yC0UN1`I BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 17, 2022 I Keith Neilson, P.E. Docko, Inc. 1 1 2022 P.O. Box 421 VED VI Mystic, CT 06355 [R: d To wn Cleric 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 actionis 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, DMAT FURTHER' 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, .6t, 4"- Glenn Goldsmith, President Board of Trustees GG/dd Dv�ko, Inc. Serving the waterfront community since•1987 P.O.Box 421;Mystic;CT 06355(860)572-8939 Fax:(860)572 7569,email:officeC�3docko.com June 16,•2022 . . A4i..Donis 1�loncarrow TO Clerk;Town of Southold Southold Town„Trustees 53095 Route 25 P.O BOX.1179 Southold,NY J1971. 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 forthe 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. Keith B.Neilson;P.E. KBN: cl Enclosure CC:Mr.Dana Didriksen . File:.2.1-111-5016 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 EE FILE INCLUDING ANY N S MUST BE O THIS-APPEAL SIN TURF OF APPLICANT M }}II��(((f.., .,1��)I E'. )}:}T rff�.,., i}lt.Ef(• y��i\ ,W!"' 'lE# r 'Y., t•`X; tr. 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If ..>O a \lll � V y� �. :fir• 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 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 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 properly 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. 6 r r I4Y pp r I ynr AI Q' K t y�, .. •..,. �!i'. 3J1 1,11 .. .�. L" ` J 'a.. .. R!...' ,., 17 IM, of $, l j �a i s � 3x 3 n lip S r(t,s 002 . C0 - 0 i Ob- ().2 .OCC) W-eS#� Didriksen HMP Areas of Concern F i 1 tri s Fro ,. 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(CERA)Line I—� ti VE 0 0.03 0.06 0.12 km Coastal Erosion Hazard Area(CERA)Buffer Copyright nearnrap 2015, Suffolk County, MassGIS, UConn/ 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 lavers develooed are the re—ihil-�f rh——nh...+,....,,,e.,..:,... ___ _, _ 6/16/22,9:08 AM Screening Report Area of Interest (AOI) Information Area : 197,304.98 ft2 Jun 16 2022 9:05:34 Eastern Daylight Time r +J h A k r s 14,213 T103 U ii J.1?rn Tax Parcels 0.04 U t i k m Nearmfap US vet-tical Imagery Red: Band_1 ■ V/� G'_•s:•y-,•�'s�nap 2.15 3�^v.�_�r.. Vxt3!'_ .(ti^�^�TOEE�.Eu reen.Band-2 4Evc Ca'n�:iniP'h^:OT�Pt 1^C 'J`.i. E�4'.IS!14 Blue: Band—3 113 6/16/22,9:08 AM Property of Dana Didriksen,Clay point Rd,Town of Southold,County of Suffolk, NY Summary Na" y , m •4 4' o` I%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 (CERA)Line 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 I. DFIliMt9D 1 Flood Zoner StaticiBase F.1; Elevation tiprea 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 FI RMU D , one`• ase`F Ele da1 36103C tion`' pp ea „ AE 10.00 28,850.71 Coastal Erosion Hazard Area (CEHA) Line •k•Y' 1 2,242.10 693.53 Coastal Erosion Hazard Area (CEHA) Buffer 3rf „BUft J• =•i,:, Y °a ;,Are ft? L 1 Water 11592:., s . .,�w'.:.,.,�.;.. •.-...:.::, . 2.06 2 Land 52,489.49 NYDOS Costal Risk Hazard Area Ar Zon .'.,.,;::}.•..:,.::e`:.' ea' ft 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 Glass Type(iJ&E Are.;Q—'de�eii°Hazakdous S E..J. 1 C 131,623.58 Landslide Susceptibility 777777777 77777777777=.;SusceptibilityJype f i ,., 1~ Low incidence 197 304.94 Wildfire Hazard r , 77-7 F, Wildfire Hazard 1 Wildfire Urban Intermix 145,571.54 2 Non-Wildfire Urban Interface/Intermix 51,733.41 Suffolk County and contractuaf 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. r 3/3 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 KEITH-B'NEI[SONs.. . • .• CANDAGE.S NEILSiDN*l .y s17a3sn111:.. . . _ ;.EAST LYME GT 06333 ,fa CHECK A9M�[# j: Oiler-_of :Celsea;Gxofori ank}` 4. .. rOnee;Fianklin;S�uare,.Norvvich;.GT-06360>. '. - v14 >,1r Rudder, Lynda From: Rudder, Lynda Sent: Monday,July 11, 2022 11:05 AM To: Cantrell, Elizabeth; Doherty,Jill; Doroski, Greg; Louisa Evans; Mealy, Brian; Nappa, Sarah; Noncarrow, Denis; Norklun, Stacey, Russell, Scott; Standish, Lauren;Tomaszewski, Michelle; Burke,John; Hagan, Damon; Mirabelli, Melissa Subject: CEA part 3 of 3 Attachments: Didriksen, Dana.tif Importance: High CEA part 3 of 3 .C"da x goad Deputy Town Clerk Prinicpal Account Clerk Southold Town 53095 Main Road PO Box 1179 Southold,NY 11971 631/765-1800 ext.1210 631/765-6145 Fax i Rudder, Lynda From: Rudder, Lynda Sent: Monday,July 11, 2022 11:03 AM To: Cantrell, Elizabeth; Doherty,Jill; Doroski, Greg; Louisa Evans; Mealy, Brian; Nappa, Sarah; Noncarrow, Denis; Norklun, Stacey; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle; Burke,John; Hagan, Damon; Mirabelli, Melissa Subject: CEA part 2 of 3 Attachments: Didriksen, Dana.tif Importance: High Part 2 of 3 .L"da x Radde'r Deputy Town Clerk Prinicpal Account Clerk Southold Town 53095 Main Road PO Box 1179 Southold,NY 11971 631/765-1800 ext.1210 631/765-6145 Fax 2 Rudder, Lynda From: Rudder, Lynda Sent: Monday,July 11, 2022 11:02 AM To: Cantrell, Elizabeth; Doherty,Jill; Doroski, Greg; Louisa Evans; Mealy, Brian; Nappa, Sarah; Noncarrow, Denis; Norklun, Stacey, Russell, Scott; Standish, Lauren;Tomaszewski, Michelle; Burke,John; Hagan, Damon; Mirabelli, Melissa Subject: CEA part 1 of 3 Attachments: Didriksen, Dana.tif Importance: High Part 1 of 3 ,C�yrsda'j?2�crdd� Deputy Town Clerk Prinicpal Account Clerk Southold Town 53095 Main Road PO Box 1179 Southold,NY 11971 631/765-1800 ext.1210 631/765-6145 Fax 3 Rudder, Lynda From: Rudder, Lynda Sent: Tuesday,July 26, 2022 1:11 PM To: Tomaszewski,Zachary; Lisa Finn (lisaahfinn@gmail.com); Reisenberg, Lloyd; Doherty, Jill; Doroski, Greg; Louisa Evans; Mealy, Brian; Nappa, Sarah; Noncarrow, Denis; Norklun, Stacey; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle; Burke,John; Hagan, Damon; Mirabelli, Melissa Subject: for posting on website Attachments: CEA Didriksen.docx; CEA Sonnenborn.docx; shipyard coz.docx Importance: High Z"&X12,sudden Deputy Town Clerk Prinicpal Account Clerk Southold Town 53095 Main Road PO Box 1179 Southold,NY 11971 631/765-1800 ext.1210 631/765-6145 Fax 1 .