HomeMy WebLinkAbout1000-10.-1-9 OFFICE LOCATION: ®��®g S® MAILING ADDRESS:
Town Hall Annex '` ® P.O. Box 1179
54375 State Route 25i[ li Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold, NY 11971 ® �� Telephone: 631 765-1938
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LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Glenn Goldsmith, President
Town of Southold Board of Trustees
From: Mark Terry, AICP
LWRP Coordinator
Date: February 14, 2024
Re: LWRP Coastal Consistency Review for FISHERS ISLAND DEVELOPMENT CORP., c/o
FISHERS ISLAND YACHT CLUB
SCTM# 1000-10-1-9
Docko, Inc. on behalf of FISHERS ISLAND DEVELOPMENT CORP., c/o FISHERS ISLAND
YACHT CLUB requests a Wetland Permit and a Coastal Erosion Permit to install four(4) 4'x20'
floating finger docks and one (1) 4'x20' fixed wood pile and timber finger pier with ladders along the
east side of the Trustee permitted west fixed to floating main dock; each finger float/dock to have
associated support, restraint, fender/tie off piles, and new water and electric utilities; and to retain
and maintain the existing 8' wide by 18 linear foot long floating dock, an intermediate 12' wide by 84
linear foot long floating dock, and a 10' wide by 30 linear foot long floating dock at shore end all off
of the northeasterly side of existing Trustee permitted dock. Located: Central Avenue, Fishers
Island. SCTM# 1000-10-1-9
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. Based upon the information provided on the LWRP Consistency Assessment Form
submitted to this department and the records available to me, I recommend that the proposal is
INCONSISTENT with LWRP Policies and with the LWRP.
The action is a Chapter 111 Coastal Erosion Hazard Area regulated dock...or structures built on
floats, columns, open timber piles or other similar openwork supports with a top surface area of less
than 200 square feet or which are removed in the fall of each year,-
The.dock system exceeds 200 square feet.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its
written determination regarding the consistency of the proposed action.
Cc: Honorable Lori Hulse, Attorney
Town of Southold l c
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
1. All applicants for permits* including Town of Southold agencies, shall complete this
CCAF for proposed actions that are subject to the Town of Southold Waterfront
Consistency Review Law. This assessment is intended to supplement other
information used by a Town of Southold agency in making a determination of
consistency. *Except for minor exempt actions including Building Permits and other
ministerial permits not located within the Coastal Erosion Hazard Area.
2. Before answering the questions in Section C, the preparer of this form should review
the exempt minor action list,policies and explanations of each policy contained in the
Town of Southold Local Waterfront Revitalization Program. A proposed action will
be evaluated as to its significant beneficial and adverse effects upon the coastal area
(which includes.all of Southold Town).
3. If any question in Section C on this form is answered "yes" or "no", then the
proposed action will affect the achievement of the LWRP policy standards and
conditions contained in the consistency review law. Thus, each answer must be
explained in detail,listing both supporting and non-supporting facts. If an action
cannot be.certified as consistent with the LWRP policy standards and conditions, it
shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website (southoldtown.northfork.net), the Board of Trustees Office, the Planning
Department, all local libraries and the Town Clerk's Office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION R E C E I\/E D
SCTM# 1000—3-2-6 EFEB 7 2024
PROJECT NAME: Dock Modifications Southold Town
Planning Board
The Application has been submitted to (check appropriate response):
Town Board Planning Board Building Dept. Board of Trustees X
1. Category of Town of Southold agency action(check appropriate response):
a) Action undertaken directly to Town agency (e.g. capital
construction,planning activity, agency regulation, land transaction)
b)_ Financial assistance(e.g. grant loan subsidy)
c) Permit, approval, license, certification: X
Nature and extent of action:
This proposed project is to maintain the existing 1000+/-SF sailing program float and two accessory
floats and install four 4'x20' floating fingers east side of the west floating main dock, and one fixed
wood pile and timber finger pier off the west main pier, each with associated support, restraint and
fender/tie off piles, and all seaward of the Apparent High Water line in Waters of West Harbor.
1
1
Location of action: 49 Central Ave, Southwest corner of West Harbor
Site acreage: Parcel= 1000-010-1-9 Acres 33.3
Present Land use: Commercial
Present Zoning Classification: Residential
2. If an application for the proposed action has been filed with the Town of Southold agency,
the following information shall be provided:
a) Name of applicant: Fishers Island Yacht Club
b) Mailing Address: PO Box 141,Fishers Island,NY 063910
c) Telephone number: Area Code 631-788-7036
d) Application number, if any
Will the action be directly undertaken, require funding, or approval by a state or federal
agency?
Yes X No If yes,which state or federal Agency? US ACOE, NYS DEC
C. Evaluate the project to the following policies by analyzing how the project will further
support of not support the policies. Provide all proposed Best Management Practices that
will further each policy. Incomplete answers will require that the form be returned for
completion.
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community
character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a
coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies;
Page 2 for evaluation criteria.
X Yes .No Not Applicable
This project maintains the longstanding nature of docking facilities at this site, simply replacing
sets of pulley tie-off systems with shared finger piers for the same patrons. No change in use or
facility capacity, simply better though still minimal.
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III—Policies Page 3 through 6 for evaluation criteria.
Yes No X Not Applicable
There are no historic or archaeological features or resources on this site. The marina facilities predate
regulatory programs going back to the 1930's.
2
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold.
See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria
Yes No X I Not Applicable
There will be no noticeable difference to the vista or aesthetics due to the low profile nature of the
floating finger piers which are below the lines of the berthed boats and there will be no change to
the number of slips or boats accommodated.
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See
LWRP Section III—Policies Pages 8 through 16 for evaluation criteria.
Yes No X Not Applicable
This project will not in any way threaten life or natural resources nor will it create hazards of
flooding or erosion. This finger pier and new floats will be built stout and able to withstand the
anticipated exposures to typical harbor waves.
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP
Section III—Policies Pages 16 through 21 for evaluation criteria.
Yes No X Not Applicable
This project will not have any affect on suitabili1y of or availability of drinking water on Fishers Island.
Policy 6. Protect and restore the quality and function_ of the Town of Southold ecosystems
including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III —
Policies; Pages 22 through 32 for evaluation criteria.
X Yes No Not Applicable
The project is consistent with this policy because it proposes no change to boating accommodations in
terms of numbers or types of boats with no adverse impacts on tidal or submerged vegetation anticipated
as a result of the proposed floating docks. In additions, the NYS DEC prepared a study showing that the
proposed pressure treated Southern Pine timber products construction materials are suitable for this type
of project in this location, except for decking which will be of untreated woods or composite (or plastic)
materials. As mentioned earlier, the design parameters shown on the drawings provides and optimum
balance between acceptable design and access standards without depriving the wetlands vegetation the
opportunity to spread.
Policy 7.. Protect and improve air quality in the Town of Southold. See LWRP Section III —
Policies Pages 32 through 34 for evaluation criteria.
Yes No X Not Applicable
There are no air quality issues related to this project. .No emissions will be generated by the dock
facility.
3
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Policy 8. Minimize environmental degradation in Town of Southold from solid waste and
hazardous substances and wastes. See LWRP Section III — Policies; Pages 34 through 38 for
evaluation criteria.
Yes No X Not Applicable
There is no solid waste or hazardous substances to be generated from this project. The pressure-
treated wood trimmings from the dock construction will be collected and disposed of in
accordance with current regulations so as to minimize any harmful affect.
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and
public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46
for evaluation criteria.
X Yes No Not Applicable
This project is being built emanating from an existing authorized dock facility. The public trust
lands and waters constitute the area between the mean high-water line and the mean low water
line and the resources are from the high tide line, out. These environmental resources are being
protected by the design standards dictated by the NYSDEC. There is virtually no public use of the
waterfront in this area and the of the modifications dock facilities and landward extensions above
the apparent high water line are not likely to influence or change this fact.
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent
uses in suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation
criteria.
X Yes No Not Applicable
This proposed project is to build finger piers for safer utility of water dependent, recreation and
transportation boating. This usage is defined as water dependent in the LWRP because the finger
piers will be for recreational boating and provide a base of operation for occasional boat
transportation access to the mainland.
Policy 11. Promote sustainable use of living marine resources in Long Island Sound the Peconic
Estuary and Town waters. See LWRP Section III — Policies; Pages 57 through 62 for evaluation
criteria.
X Yes No Not Applicable
These finger piers are not to be used for commercial fishing or shellfish industries or enterprises.
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies;
Pages 62 through 65 for evaluation criteria.
Yes No X Not Applicable
4
These finger piers are not used for or in support of any agricultural or aquaculture industries or
enterprises.
Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP
Section III—Policies; pages 65 through 68 for evaluation criteria.
Yes No X Not Applicable
These finger piers are not used for or in support of any energy or mineral mining or processing
operations.
PREPARED BY Keith Neilson, P.E. TITLE Agent _DATE t �'
5
Cantrell, Elizabeth
From: Docko Office <Office@docko.com>
Sent: Friday,January 26, 2024 4:20 PM
To: Cantrell, Elizabeth
Subject: Fishers Island Yacht Club
Attachments: 1-26-24 FIYC_Dck-B-Mod_2023_1-C_TOSSTAMPED.pdf
Dear Elizabeth,
Thank you for your call this morning. In response, we respectfully request the retention of three sailing
program floating docks located along the west face of the west dock at Fishers Island Yacht Club for sailing
program purposes.
These floating docks are:
8 feet wide by 18 linear feet at the south west end,
An intermediate float 12 feet wide and 84 linear feet in length,
The near shore end floating dock is 10 feet wide and 30 linear feet.
It is the Club's desire to retain and maintain these floating docks as part of their ongoing service to the
community.
Thank you for alerting us to the need for this precise authorization. Please let me know if this letter and the
attached drawings will suffice so that you can proceed as planned.
Your assistance as always, is greatly appreciated.
Very 7ruCy yours,
xeith-B. NeiCson, P.E.
Docko
14 Holmes Street
P.O. Box 421
Mystic,CT 06355
Tel: (860)-572-8939
office@docko.com
ATTENTION: This email came from an external source. Do not open attachments or click on links from
unknown senders or unexpected emails.
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1 PROJECT DOCK REFERENCE:WEST HARBOR,FISHERS ISLAND,NY.
MODIFICATIONS 3.PROJECT DESCRIPTION:INSTALL FOUR 4-FT WIDE X
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PILES AND NEW WATER AND ELECTRIC UTILITIES.
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PROVIDENCE,RI 0290G FISHERS ISLAND,NY 0G390
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ON TOWN GIS PLANIMETRIC INFORMATION AND MAY NOT FROM THE FISHERS ISLAND DEVELOPMENT COMPANY.
REFLECT THE CURRENT TIDE LINE LOCATIONS OR FEATURES. PROJECT: DOCK MODIFICATIONS
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NARRATIVE STATEMENT & SUPPLEMENTAL INFORMATION
FISHERS ISLAND YACHT CLUB,FISHERS ISLAND MARINA,LLC
WEST HARBOR,FISHERS ISLAND
MODIFICATION OF WEST DOCK FACILITIES,
GENERAL
The project is at parcel 1000-010-1-9, owned by the Fishers Island Development Company, off of
Central Avenue located along the west shore of West Harbor on Fishers Island. The site is flat to
gently sloped; sandy, gravel earthen materials, vegetated with grass, brush, ground cover and trees. A
dock facility has existed and been operated at this site for recreational boating and transportation to
and from the mainland since the 1930's. The frontage of the property is approximately 300 feet
along West Harbor abutted by'the fully developed Goose Island Corporation commercial property to
the north and Trevor & McPherson residential land to the west. The waterfront consists of a rock
revetment lined shore along the east, tidal wetlands fringe vegetation at the base of the gently sloped
tree-lined terrace to the south and west of the dock facilities. The Goose Island property is developed
shoreline with marine fuel dock and berthing accommodations.
The objective of this project is to optimize the geometry and usefulness of the dock facilities
including minor modifications to the dock facilities at the west dock. Attached are application
drawings prepared for this project. This project is basically a reinstatement of previous Town of
Southold Permits 8125 and 8125C to a point similar to the original approval and a modification to
NYS DEC Permit 1-4738-01110/00009 and US Army Corps of Engineers Permit No. NAN-2013-
01160 with the exception of the very minor dock modifications. Authorization is again requested for
all of the previously approved dock modifications since the permits were issued and, in the case of
Southold Permit 8125 retention of the sailing program dock.
This supplemental narrative has been prepared in accordance with the requirements of Town of
Southold, Ordinance No. 6, 2004, and the Waterfront Revitalization Program related to docks and
shorefront improvements. In addition, various coastal policies under the New York State Coastal
Management Act are addressed herein for review by the New York State Department of State and
Department of Environmental Conservation.
DESCRIPTION OF WORK
This proposed project is to maintain the existing 1000+/-SF sailing program float and two accessory
floats and install four 4'x20' floating fingers east side of the west floating main dock, and one fixed
wood pile and timber finger pier off the west main pier, each with associated support, restraint and
fender/tie off piles, and all seaward of the Apparent High Water line in Waters of West Harbor.
MOORING FACILITIES AND DOCK MODIFICATIONS
In accordance with the U. S. Army Corps of Engineers Environmental Questionnaire, the following
additional information is provided.
1. There is one change proposed to the existing and previously permitted dock facilities as shown
on the attached drawings, and that is the installation of new finger piers to replace'pulley tie-
off lines on the middle and south docks.
2. The application drawings depict some berthed boats to the.extent possible at various facilities
around the site possible without interfering with the necessary call-outs and dimensions for the
various structures.
1
1
3. The Fishers Island Yacht Club operates this dock facility; there are no repair or storage
services at the site. There are pump-out facilities at Pirates Cove providing service and fueling
on Fishers Island as well as marinas along the Connecticut shoreline. There is also a pump-
out boat from Connecticut near the mouth of the Mystic River serving boats in the mooring
field, which can and does serve the Club patrons as well. It is believed that no new or
additional pump-out facilities are necessary at the Fishers Island Marina and the Town of
Southold and the NYS DOS have agreed to that in past and present permits.
4. Adjacent marine structures including piers, docks, wharves, bulkheads and moorings are
shown on the attached application drawings both sheets 1 and 2.
5. Wave protection is not considered to be necessary at this site. Because of the natural
protection provided by West Harbor. Nor'easters and strong northeasterly winds can generate
significant waves in West Harbor however it has been generally agreed that a wave attenuator
in West Harbor would not be justified to protect existing waterfront facilities. This facility has
operated at this site since the mid-1930's. Wave erosion protection is provided to the
shoreline at the site by the revetment along the lawn and the bulkhead to the north and no
further changes to the revetment are considered necessary at this time.
6. There is no bulkheading, bank stabilization, or filling activities associated with this project;
revetment and non-vegetated buffer improvements were already permitted and are
substantially complete.
DREDGING-NOT APPLICABLE
There is no dredging required at this time to provide for the historic boating needs at this docking
facility.
LOCAL WATERFRONT REVITALIZATION POLICIES
The Town of Southold LWRP policies that are applicable to the Fishers Island Yacht Club dock
operation are a local refinement of the Long Island Sound Regional Coastal Management Program
policies that apply throughout Long Island Sound under the Coastal Zone Management program
administered by the NYS Department of State. The site is in West Harbor on Fishers Island and is
characterized as Developed Coast on the east shore at this site, as well as to the parcel north. The land
west and south along shore is currently undeveloped coast or natural coast. The developed coast
policies are applicable as follows:
➢ Policy 1 is to foster a pattern of development that enhances community character and
preserves natural resources to the maximum extent and minimizes adverse impacts on`the
environment,
➢ Policy 2 is to preserve historic resources,
➢ Policy 3 is to enhance and protect scenic resources and visual quality.
The dock modifications are consistent with waterfront development in coastal areas on Fishers Island.
The existing "Sea Stretcher" dock modifications were for a very special emergency use. This project
is to improve west side dock accommodations to maintain maximum safe access consistent with other
adjacent dock facilities consistent with characteristics for the visual and scenic considerations in the
harbor. The encroachment has been minimized to remain within the existing footpimt to be consistent
with DEC policies. The existing structures are as low profile as possible, consistent with the safe and
efficient use of the, waters and consistent with the boating season tidal range of this site and the
special requirements of the four permitting agencies.
2
NATURAL COAST POLICIES
The Natural Coastal Policies are 4 through 8 and require consideration as follows:
➢ Policy 4—Minimize loss of life, structures and natural resources from flooding and erosion,
➢ Policy 5 —Protect and improve water quality,
➢ Policy 6—Protect and restore the quality and function of the eco-system,
➢ Policy 7—Protect and improve air quality,
➢ Policy 8 —Minimize environmental degradation primarily from solid waste and hazardous
substances.
The dock facility fixed pier section has existed in the current configuration for decades. As such, it
provides adequate height to clear environmental resources of concern and-the materials to be utilized
are consistent with Town of Southold's Local Law#6 regarding environmental quality. There will be
no adverse impacts on environmental quality as a result of these modifications to existing dock -
facilities.
PUBLIC COAST POLICIES
Policy 9 sets forth a priority to provide for public access and recreational use of coastal waters, public
lands and public resources of the Town. This project maintains recreational boating facilities and
provides sailing instruction for hundreds of Island families and so is consistent with this policy.
WORKING COAST POLICIES
The policies of this section relate to the following:
➢ Policy 10 — Protection of the Town's water-dependent uses and promoting new water-
dependent uses in suitable locations,
➢ Policy.11 —Promoting sustainable use of living marine resources,
➢ Policy 12—Protect agricultural lands,
➢ Policy 13 —Promote appropriate use and development of energy and mineral resources.
While most of the Working Coast Policies are not applicable to this site or this type of project, Policy
10, promoting water-dependent uses and the siting of water-dependent uses in appropriate areas is
applicable and the proposed project makes the most beneficial use of the land and dock facilities.
This project has been laid out with specific reference to and review of the Waterfront Revitalization
Program policies and is considered to be consistent.
In summary, the docks are typical of recreational boating facilities throughout the area and all along
coastal New England. The structures have been minimized in size, height, and structure so as to be
consistent with other facilities of a similar nature and the minimum necessary components to
accommodate safe and efficient boating operations and limited services from this site. This project
does not change existing encroachment or accommodations and does not interfere with public access
or use of Public Trust Waters and Lands of the State, it does not interfere with navigation,it will not
create soil loss or sedimentation and will not create erosion problems. The piers do not adversely
affect environmental resources in the area where the facility must span the shallow sub-tidal zone at
the shore line, the facility retains its alignment in the area where environmental resources are naturally
minimal so as,not to worsen any of these conditions. The height of various access piers allows
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vegetation growth along the shoreline by tidal wetlands plants if other conditions are conducive to
such growth.
There is almost no vegetation on the muddy sandy and gravelly bottom sediments within the confines
of the dock facility as shown in the attached aerial photos. The benthic habitat is annually stressed due
to boating activity, as most marina basins are. While the bottom will be disrupted during the boating
season, it is anticipated, based on our experience on other projects, that benthic dwellers including
mollusks and crustaceans will re-establish the area seasonally; but the benthos will probably only
return to its current levels of productivity and diversity. Thus it is anticipated that there will be no
long term loss of valuable marine and wetland habitat and no water quality degradation as a result of
this project.
No natural protective features or processes will be adversely impacted as a result of the proposed dock
work. This project is consistent with zoning policies and ordinances for the Town. There will be no
development of the upland related to this dock facility that will create point sources of pollution or
drainage. The previously established 10-FT non-vegetated buffer along the lawn will continue to help
filter rainfall runoff.
The floating docks are the minimal size for operational needs and stability considerations especially
acknowledging the eccentricities of boat loading and prevailing waves from West Harbor
acknowledging that the floating docks are skewed, not broadside to those waves during coastal
storms. The floats are suitably sized and adequately stable for ramp landings and the ramp has been
made no longer than necessary in order to minimize the pier structure yet provide a means to boating
access.
REQUIREMENTS OF SECTION 97-25 OF THE WETLANDS LAW NO 6,2004
The permittee acknowledges that the validity of this permit is subject to the approval of other
governmental.or municipal authorities.
The permittee does, by the acceptance of this permit, assume all responsibility- for operations
undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to
persons and property resulting from such operations. By such acceptance, the permittee also
agrees to indemnify and save harmless the Town of Southold and its officers.
The permittee gives consent to the Town and its officers, employees and federal and state
agencies to enter upon the premises where such operations are being conducted to make such
inspections to determine whether said operations are being conducted in conformity with the
permit.
The permittee will notify the Trustees in'writing one week prior to initiation of any and all
operations.
The permittee will notify the Trustees in writing upon completion of operations such that the site
can be inspected for issuance for a certificate of compliance.
:. In response to Sub-section 2a and the General Rules for Standards of Residential and
Commercial Docks,the following additional information is offered.
1. Permit modifications for the.work are being applied for through the US ACOE,
NYS DEC and a coastal zone consistency determination by the NYS DOS.
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2. There are only very minimal changes to the dock facilities as a part of this project;
otherwise the configuration requested is very much the same as in prior Town of
Southold Permits 8125 and 8125C. The 15-foot property line clearance specified
in this paragraph should not be an issue because the reconstruction and expansion
is basically parallel to shore and does not project into the navigation way for other
boaters in the harbor or adjacent docks.
3. Upon receipt of the permit for this project, appropriate permit numbers and a
Town permit placard will be affixed to the most seaward face of the dock
facilities for identification from the water.
4. There are no proposed permanent structures located above the pier decking, nor
are any planned at this time other than the power posts, hinged ramps and railing
which are fixed by function and designed for this environment and user safety.
5. It is currently possible to provide a passage way to the upland via the south ramp
to get around the pier and that access ability will be retained. There is
approximately four feet of clearance to walk under the main pier at low tide,
however, foot traffic in this area is rare, if at all, due to the number of slips, dock
and bulkhead configuration and boulders and tidal wetlands near the west shore
and the muddy and rocky characteristics of the bottom-sediments.
NEW YORK STATE COASTAL MANAGEMENT PROGRAM
These application documents include a copy of the Federal Consistency Assessment Form utilized for
the New, York State Coastal Management Program under the jurisdiction of the New York State
Department of State. The following policies have been identified as pertinent to this application and
the reason for-consistency associated with this project is outlined in each respective case.
Policy 2 Water Dependent Uses—This project is to improve a fully functional water dependent use, a
recreational boating_dock facility at thi°s site in support of recreational boating, emergency response and
sailing instruction.
Policy 5 — Use of Existing Developed Shorefront — There is developed shoreline on this site. This
project utilizes existing shorefront which has been altered by the long-standing and well-used facilities.
The project will make dock access safe and reliably usable in most weather conditions.
Policy 7 — Significant Fish & Wildlife Habitat— Protection of significant fish and wildlife habitat has
been considered in the development of this project layout. The pier to the shoreward point of
beginning is over the rocky, un-vegetated shoreline fringe and above the rocky intertidal sediments and
should not pose a deminishment of existing vegetation to the west. Vegetation beneath the pier is
scarce, primarily rockweed. Typically there is a slight environmental benefit to the project because of
the structure in the water column which barnacles, algae and crustaceans will inhabit and the structures
provide protection primarily for juvenile fish.
Policy 8 —Protection & Preservation of Habitat—Protection and preservation of habitat has also been
considered in this project and the dock structure is being kept to its minimal configuration and of
materials consistent with standards of the industry and restrictions set forth,in the Wetlands Law, No.
6, 2004 set forth by the Town of Southold and standards of the NYS DEC.
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Policy 11 —Minimize Damage to Natural Resources - The dock facilities exist, laid out in such a way
so as to minimize damage to natural resources as identified in Policy 7 above. The existing pier and
floating dock facilities have existed for decades.
Policy 14 — No Measurable Increase in Flooding= This project consists of dock modifications. The
dock facility begins as an open wood pile and timber pier and floating dock system which in no way
adversely affects water flow and circulation in West Harbor or flooding potential of the area. Flood
levels all around Fishers Island are dictated by water levels in Long Island Sound, Fishers Island Sound
.and Block Island Sound all driven by the Atlantic Ocean and the structures will have no adverse
influence on those levels.
Policy 15—No New Dredging—No dredging is proposed in this project.
Policy 19 —Impact on Public Access — Public access will not be jeopardized or impeded as a result of
this project. As a matter of fact, there is almost no public access usage of the Public Trust Lands or
Waters at this site. The intertidal zone in the dock facility area is significantly covered by boulders
with tidal wetlands fringe marsh vegetation to the south. The Fishers Island Yacht Club pier and floats
occupy far less than the landward 25% of the waterway (West Harbor) width in accordance with US
ACOE policies. Thus, public access to the State's lands and waters will not be adversely affected by
the project.
Policy 20 — Public Trust Compatibility with Existing Adjoining Properties and Land Uses Public
Trust compatibility with existing adjoining properties and land uses have also been considered in this
project. Several nearby properties have small docking facilities and this..docking facility will not
interfere with existing or the likely configuration of future facilities on immediately adjoining
properties or the logical allocation of littoral development rights in this part of West Harbor. These
facilities are longstanding structures. I
Policy 21 —Water Dependent Recreation—This project is consistent with water-dependent recreational
opportunities policies set forth in this section. This is a high priority water dependent recreation site.
Policy 24 —Scenic Resources Impairment or Loss - This policy is designed to prevent impairment or
loss of scenic resources. This dock facility has hosted recreational boating, transit access and other
high priority opportunities for the better part of a hundred years. The float construction and
reconfiguration and will not represent a new encroachment or structure which would create a loss of
scenic resources. The one property owner most likely to be impacted is the cottage of Trevor-
McPherson just west of the Club and they have not objected to Fishers Island Yacht Club activities in
the past.
Policy 25—Enhance Overall Scenic Quality -The existing pier and floats are consistent with the scenic
quality of the area and will not diminish scenic resources as described in Policy 24 above. They will
not be changed in this project.
Policy 44—Preserve and Protect Tidal Wetlands—It is acknowledged that the fringe marsh of spartina
alterniflora along the west shorefront is a valuable resource. The floating dock and fixed wood pile and
timber pier emanates from the shore at the existing.un-vegetated strip of the shoreline. The height of
the pier does not deprive opportunities for the growth of tidal vegetation but that has not thus far
occurred in this area naturally. No changes to the pier are proposed that might adversely affect tidal
wetlands growth nearby.
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SUMMARY
This project proposes berthing improvements in the footprint of an existing, longstanding facility for
community-wide recreational boating access with no changes in clip counts, boat types, usage or
activity. A copy of NYS DEC permit and NYS DOS consistency determination will be forwarded as
substantiation for and in support of the previous project.
The NYS DEC has issued their permit for this project and will be processing a modification thereto for
this work. The NYS DOS has issued their consistency determination for the past project as well and
will be processing this as well. All of this work qualifies for the US ACE General Permit for New York
and Long Island in particular. This project complies with applicable standards of the New York State
Coastal Management Act,NYS/DEC Tidal Wetland Regulations and criteria for approval, the Town of
Southold Waterfront Revitalization Program and Local Ordinance No. 6, 2004, and its approval is
respectfully requested.
Respectfully submitted,
Keith B.Neilson, P.E.
KBN:cl
File: FISHERS ISLAND YACHT CLUB 23-11-3207
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