Loading...
HomeMy WebLinkAboutTR-6619 Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375MainRoad P.O. Box 1179 Southold, NewYork11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD February 16,2011 Keith B. Neilson, P.E. Docko, Inc. P.O. Box 421 Mystic, CT 06355 RE: JAMES BAKER PENINSULA RD., FISHERS ISLAND SCTM#10-5-9 Dear Mr. Neilson: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., February 16, 2011: RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Wetland Permit #6619 to realign 40 If. of 4' wide previously permitted timber stairs, relocate a previously permitted 4'X 11' landing and add 23 If. of 4' wide timber stairs, landward of the apparent high water line, as depicted on the site plan prepared by Docko, Inc. last dated January 21,2011. This is not a determination from any other agency. Board of Trustees JMD:lms trot:ko I n~, Serving the waterfront community since 1987 RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: permits@docko.com Lauren Standish Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 January 6, 2011 Re: Baker Property, Fishers Island Permit Modification Dear Ms. Standish: It has come to our attention that the stairway which we had obtained permits for at property of Jim Baker on Fisher's Island stops sho~t of the top of the hank on his property at Darbie's Cove. Attached is a revised drawing showing the necessity of extending the stair 23 feet further in easterly direction. The landing will there will be no intermediate landing. The stairway will mn slraight fi'om the crest of the bank to the stair landing off the pier maintaining a 30 inch clearance fxom the stringer to the ground. No dog leg will be required. Attached are revised application drawings depicting this modification to the stairs alignment. We are also enclosing a check for $50 for an amendment to the requested p~cfit. It is respectfully requested that this permit modification be added to your next agenda as the contractors have already started construction at the base of the stair as previously approved. Your assistance has always been appreciated. Please let me know if the need for any further discussion arises. KBN:pb Attachment CC: Jim Baker File: 06-05-1813-BAKER Yours truly, DOCKO, INC. Keith B. Neilson, P.E. and t'dOOlHCA TION ~-'" :..; C,r TRUSTEES , ,,,,, Lx,$OUTHOLD '1 I I I I T~ ~NCE: ~T ~ FI~E~ ~E ~BER ~T~, ~ OF THE HI~H WA~R LINE. ¢ 4. ~JE~ ~RMnh'~O ~T~AY FOR ~ TO A ~ U~ED FOE ~0~ ~A~N¢.. E~N~E~ ~IT ~U~E~. ~ ~ N~ NO~: ~R and COMP~ ~C~ F. ~R ~NES~ ~X ~T~ and ~N~IN~ ~OOlFI~A~ON SU~O~ COUP, N~ WA~AY: D~IE~ ~ DA~ J~U~ 14, 2~1 ~1~: J~ ~R ~HEET 1 OF 4 ,~ENT: EDOC~---O, INC. K~h'h B. Nell~on, ~ M~c, ~ O~55 8~0 572 ~3~ F~ ~ 572 7~ Et'fi, AiL; docb~¢net, net N ALTE~N~FLO~A AREA O~PAETINA LOCAl]ON oF TID, AL WETLAND / ,~r:~Xlr-'tATE/LIMm'i' ~x ~c~b~-4 / / / / (' EXt~TIND ./ .. EXIDTING ~ER 1'8 '~ '-~ - ACOE NAN-20OT-277-EET ~ / / / I ~ P-.OCIC¢ E4--1012.E -- ~ / ALTE~.NIFLORA i ~,L.~,¢~/'"~ VI,EE'%~/~ ~ MON. I I I I '~ ~ 2o o 4o ~urvey by CME Engineering, I~nd DurveCng oral Architect-ure 12LL.C - 7-D1-O~ 12ROJECT: LOCATION: TOP ~ I~AN F., : ~TAI~ ond LANDIN~ ALICNMENT DEC PEI2MIT 0ENCHP'I. N2~ ELEVA'~ON ~ N/F ~PEI~ OF ~ICH,~ BdC-,EI~ .~T..AI~ ond LANPlN~ FI~4-1ERS IDLAND, TO~,M~ OF .~OLrTHOLD ~UFFOLK COUNTY, NEW YO~:; WATEIL%VAY: OAP-~IE.~ COVE DATE JANUAIL~Y 14, 20~1 AF~:~LICANT: JA~dE~ BAKER / / / ~XINAT~ WATERWA,~D' I I I i I ~urv~ ~ CNE Englneedng. Lor~ ~urv~4ng ~nd/N-chH'ect~re PLJ-C - LOC, ATION: FI~HEI~ I~L,AND, TOWN OF ~OUTHOLD ~UFFOLK COUN'Pff. NEW' YOP. K, WATEI%NVAY: D,,~-BIF-~ COVE DATE: J,,kN UARY 14, 2OI1 APPIJC,~N'f': J/N~IE~ ~HEET 3 OF ~ K,~it~ B. Nellr~on, P~ ~5~0 57~ &~3g FAX ~0 57') 75~ t~I. JILOIN~ CODE-- AND H~I~H~) ~JC~NED WOOD ~T~ w~h P~L.~ DEC I:~1'11T Cie I-I~HT LI I I I I lO 5 O 10 P'R. OJECT: ..~TAI,~ ond ~IN~ r"IO~IFICA'TION L.~K~TIO N: FI..~,HER~ 151..AND, TOWN OF 5UFFOLK COUNTY, NE'Vv' YORK WAFER'vt/AY: ~,N;~E.~ COVE DATE: J,AN U,~:'Y 14-, 2~ ~IC~: J~E~ ~R ~ENT: ~E~ ~ OF ~ ~OC~O, INC. ~ B, Neil~n, ~ ~c, ~ 0~355 ~ 572 ~9~ F~ ~ 572 Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town H~lAnnex 54375M~nRoad P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 August 19, 2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Keith Neilson, P.E. Docko, Inc. P.O. Box 421 Mystic, CT 06355 RE: JAMES BAKER PENINSULA RD., FISHERS ISLAND SCTM#10-5-9 Dear Mr. Neilson: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., August 19, 2009: WHEREAS, Docko, Inc, on behalf of JAMES BAKER applied to the Southold Town Trustees for an Amendment to Wetland Permit #6619 under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated July 17, 2009, 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 issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, 2 NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, BE IT FURTHER RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Wetland Permit #6619 to construct 12 if. of new 4' wide wood post and framed stairs with a rail mounted to an existing pier and construct a 4'X 6' landing platform for a deck box, construct 36 If. of timber steps with reils 2.5' above the existing bank leading to a new 4'X 6' landing with rails at the top of the bank, all with Iow-intensity lighting, electrical and water service to the pier and waterward of the top of the bank, with the condition non-treated lumber is used on the stairs and the catwalk, and as depicted on the plan prepared by Docko, Inc. last dated January 27, 2010. This is not a determination from any other agency. Sincerely, ~a~mos F.Kingl Vic~rosident ' Board of Trustees JFK:lms James F. K/ng, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fe.x (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: · J CL~'L~'~ Please be advised that your application dated ~ I tr~ I0 ~ has been reviewed by this Board at the regular meeting of and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ ½ Constructed ($50.00) __ Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the $outhold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE:$.0 BY: James F. King, President Board of Trustees James Eckert, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., August 12, 2009, the following recommendation was made: Moved by Peter Young, seconded by James Eckert, it was RESOLVED to SUPPORT the application of JAMES BAKER to Amend Permit #6619 to construct 8 If. of new 4' wide wood post and framed stairs with a rail mounted to an existing dock waterward of the 10' elevation contour. Construct a 10'X 8' landing with a dock box, construct 38 If. of timber/stone steps with rsils set in the existing bank leading to a new 4'X 4' wood post and framed landing at the top of the bank, and install Iow intensity lighting and water service. Located: Peninsula Rd., Fishers Island. SCTM#10-5-9 Inspected by: Peter Young, Greta Schiller, Doug Hardy The CAC Supports the application with the Condition appropriate materials are used (no CCA), and the landing is reduced and constructed in compliance with the Town Code. Vote of Council: Ayes: All Motion Carried l ocko Inc Serving the waterfront community since 1987 P.O. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: docko@snet.net April 27, 2010 Ms Lauren Standish Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 Re: James Baker, Revised Drawings Permit Amendment Dear Lauren: We are transmitting herewith two sets of signed and sealed drawings for the requested James Baker permit amendment as you requested. Yours truly, DOCKO, INC. · Joan McLaughlin ~ Administrative Assistant JM:jm Enclosures CC: File: 06-15~1813 BAt~ER N ":~ OF FLOWER D BY OF TRUSTEES OF: E~,KEP.: I I I CHART: 12372 lOOO o lOOO IN yARD~ ~,. AOJOININ~ I::~ROI:~IL~i'Y' WEST: EL-BERT I1. BURR JR PO 34.FJ. I:~ENIN~LILA ROAD RSHER-G I~I~,ND, NY :!!~ ii:ii 1. ELEVA'P~N DATUM IS MEAN L.O~V :2. TIDE DATA IS TAKEN PI~DM 2.OO~ NOAA TIDE I:~OI::'ERTY of T,N~LES REFERENCE: WE.~T H.,N'~OR BAKER ISLAND, NY. ,- ,,,,-CONSTRUCT 12.:~LF OF NEW,4..-FT'vVIDE 'WOOD /NND ~ED ~T/NI;~G 'W'FFH A I2,AIL MOUNTED TO ,AN EXISTIN~ F1ER AND CONSTRUCT A 4-FT k,V1DE X ~5~ FT LANDIN~ PLATFORM FOR 2-.~-FT ABOVE 'l'Hr:: F-.~ST~N~ BANK LEADIN~ TO A NE"~ ,4-FT X ~ LANDIN~ W1TH P. AIL~ ,AT THE TOP OF THE BANK, ,ALL "A/ITH ~ iN TEN E::~t'~ LIgHTINg. ELECTRIC. AL AND WATER SERVICE TO THE I~ER AND '9v'ATE R'W,~,~D OF THE TOP OF THE ~-. PROJECT THIS I~ A PRIVATE ST/N k:~v'A¥ FOR ACCF-~S TO THE DOCK USED FOR RECP. EAI~ON,,N.. BOATINg. THE~E/N:~PLIC-.~TION DRA",MN~.~ REPRF_..~ENT A C. OMPIL~TION OF ~URVE'dS FOR ~ERMiT ,~;'-~: 'f~THEY ~ NOT CONS'I~JJCTION CONTRACT DOCUMENTS. A TO'qv'N/NY BUILDIN~ PERPlrI' r"lA¥ SE RE[QUIP-ED. NORTH: WALTER C. FLOW'ER III ~T'H: FLOWER ~nd COMPANY RIC~ F, d~ i~-'INE STREET ~ BOX N~V OI~S, ~ 701~ FISHEIZS 15¢N.,~0, Nh' I I~--VISED ~--18-O~ DEC LOCATION: ~ DE,.GC~ON ~ ~' ~SE~I-..2~7-1ODEC YVATEI~"vVAY: DATI-~ D~ON'~ NOI'~ D ~1~: PROJECT: N~-~,'V ~T.~J~ and I-ANOIN~ A~ENT: SHEET 1 OF 4 My~'flc, CT 572 &9..~..~ FAX ~ 572 EP'[AII~ docP..o~net.r~i- FISHERS ISLAND. TO'qv'N OF SOUTHOLD SUFFOLK COUN'Pr', NE'qv' YORK JUNE 5, 2002 JAMF_~ /::::)L_~t~ VII~W I I I I ALOE NAN-2QQT-277-EDF I [:)Q~ F-2OQT-Q147 AREA OF 5PARTINA ~ ~ON.(m~) ~urv~ by and ~re \ L\ I BRU..GH and TREE BENCI'~I"IAPJ~ TO~ OF MONUMENT ~LEVATIO~: 45~ /// N~ OF ~IC~ REVISED ~.,-I~-OD DEC LANDIN~/$ CALIOUT~ REVI~DJD 1-27-10 DEC ~TAII:~.~ LOCA~ON: ISLAND, TOWN OF .~OUTHOLD ~UFFOLK COUNtrY, NEVV YORK ~/ATEIL~VAY: D~IF-..~ COVE DAT~ JUNE 5, 2009 APPLICANt: JAI"IE~ ~ / / / / / I I I I I ,/ 5urvey by CME Engineering, Lond ~urveying ond Archffec'~ure ~t. LC - 7-51-O~5 PI~OJEGT: N~'VV ~TAII~-.~ and P.E'VIS E O ~1~ DEC Pt_A.TFOP. hl, LANOIN~ [g LOC,~TION: FISHEP. S ISLAND, TOVVN OF SUFFOLK COUNTY, NEW YOP-K BEC JU~SDICT]ON UMIT WATE~iL~G/Ay: [DA~.~IE~ ~ REViE:~D 1-:27-10 DEC DATE: JUNE _5, 9009 STA, II:~ APPLIGANT: J,At'IF_.~ BAKER EDCDCKCD, INC. ~ B,. Nelbon. PE I'"ly~i¢, CT O~555 &~oO 579 89.39 FAX ~ 57') 7.~5~ NE~' ~K ~X NE'~V ~:'T VVIDE X fl.-PT L.ANDINd; - N~ L~ ~A~E ~HT NEV¢ HAND (PIEET ~.JILDIN~ AT ENO - 7 IN~HE~ I I I lo 5 o 12EVISED 1-27-10 DEC; NEW' I,.ANDIN~E~ and ~TAII~ LOCATION: FISHEI~.~ 15LAND, TO",M~ OF ~OUTHOLD ~UFFOLK COUNTY. NB%V YO~K DA~ O~OBER ~, ~I~T: J~ ~R ~ 4 OF 4 OOCKO, INC. 572 ~93~ F~ ~ 572 OFFICE LOCATION: Town I-Iall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: August 13, 2009 Re~ Proposed Wetland Permit for JAMES BAKER SCTM#1000-10.-5-9 JAMES BAKER requests an Amendment to Permit #6619 to construct 8 If. of new 4' wide wood post and framed stairs with a rail mounted to an existing dock waterward of the 10' elevation contour. Construct a 10'X 8' landing with a dock box, construct 38 If. of timber/stone steps with rails set in the existing bank leading to a new 4'X 4' wood post and framed landing at the top of the bank, and install Iow intensity lighting and water service. Located: Peninsula Rd., Fishers Island. SCTM#10-5-9 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, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is coIqSISTENT with the LWRP. 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: Lori Hulse, Assistant Town Attorney Docko, Inc. Serving the waterfront community since1987 P.O. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: docko@snet.net Mr. Jim King, President Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 July 13, 2009 Re: Baker Property, Fishers Island Pier Access Stairway Dear Mr. King: It is respectfully requested that r~. "" II - '7 given to Mr. James Baker for the construction of a new stairway system from the top of the bank on his property down to the pier that has just been built. Our original plans of access to this site had to be altered because of some of the eroded characteristics of the bank near the water. The bank is too steep to walk up initially and the extent of the bank is such that Mr. Baker would like some storage ability down near the pier. The stairway system will utilize embedded, staked timbers at somewhat variable intervals, but providing a maximum of a 7-inch rise from the top landing down to the intevnediate platform located approximately 20 feet back from the shoreline. This timber S~Jrway will have a handrail to make access safer especially in view of the variable tread width. The treads will be leveled with gravel excavated at each point where a riser tread is set and the timbers will then be staked into the ground with 3-foot long galvanized steel stakes. The fmal section of the stair will include a framed timber run from the pier to the intermediate landing, both of whlch will be supported by augered posts; the landing on the pier will be mounted directly to the pier structure. Utility conduits will mn down the bank attached to the post / rail system at ground level to minimize any aesthetic impact and provide enclosed conduits for the electrical utilities. R is also envisioned that low-intensity lights will be mounted to the mils or the rail posts to illuminate the walkway during hours of darkness. The lights will be manually operated from the pier or the top of the stairs and will be on a timer so that they shut off after approximately 15 minutes. The bulb intensity will be 18 watts or less and the fixtures will be shielded so that their light is directed downward on the stairway and landing. Mr. Jim King, PresidentA Southold Board of Tms~ July 13, 2009 The Baker's would like to commence with the construction immediately upon receipt of permits from the Town of Southold and the Department of Environmental Conservation. This project is landward of the US Army Corps of Engineers' jurisdiction (mean high water line but they will be provided with a copy of this letter for their record. I trust that you will find this request for the permit amendment complete and acceptable. Attached is a check in the amount of $50 payable to the Town of Southold as required. We look forward to meeting with you at the regularly scheduled meeting of the Board of Trustees in August to make our presentation. Neighbors will be notified and the Public Notice will be set at East End Road, adjacent to this property as soon as we are authorized to do so. Your assistance as always is appreciated. Yours truly, DOCKO, INC. Keith B. Neilson, P.E. KBN.'jm Enclosures CC: Mr. James Baker US ACOE: Ettinger File: 06-05-1813 BAKER James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of JAMES BAKER COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING 1, J~C/T]~ /~J~l/~-~O~. , residing at /dba f'"jO~h/O_: /fl)C. /q /~//O//T)6._~ being duly s~o~? depose and say: ~at on the Z ~y of ~ '~, 200 ~I p~sonally posted the prope.y ~own as by placing the Bo~d of Trustees official poster where it c~ easily be seen, and that I have checked to be sum the poster has remained in place for ei~t days prior to the date of the public heating. Date ofheahng noted thereon to be held Wed.~ August 19~ 2009 on or about 6:00 PM. Dated: /~/~ ar ~ to°f b~/e20m0e ¢is JAMES BAKER ~FFIDAVIT OF POSTING AUGUST 7, 2009 ~TICE TO ADJACENT PROPERTY BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: JAMES BAKER YOU ARE HEREBY GIVEN NOTICE: NER SCT~# 1~0I~,0~ 0r 05~09' 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: CONSTRUCT 8(+/-) LF OF NEW 4-FT. WIDE WOOD POST AND FRAME STAIRS WITH RAIL MOUNTED TO AN EXISTING PIER WATERWARD OF THE 10-FT. NGVD CONTOUR, CONSTRUCT A 10-FT. WIDE X 8-FT. LONG LANDING WITH A DOCK BOX AND CONSTRUCT 38 (+/-) LF OF TIMBER OR STONE STEPS WITH GRAVEL TREADS INCLUDING A HANDRAIL SYSTEM SET IN THE EXISTING BANK LEADING FROM THE LANDING TO A 4-FT. X 4-FT. LANDING AT THE TOP OF THE BANK, LANDWARD OF THE 10-FT. NGVD CONTOUR. THE FULL- LENGTH OF THE STAIR AND LANDING WILL BE FITTED WITH LOW-INTENSITY LIGHTING AND WILL ACCOMMODATE ELECTRICAL SERVICE AND WATER SERVICE TO THE EXISTING PIER. THIS PROJECT IS BEING BUILT IN AN AREA WHERE A PREVIOUS PATH HAD BEEN APPROVED FOR ACCESS TO THE PIER AND DOCKING FACILITIES ON THIS WOODED AND VEGETATED BANK. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Property off of Peninsula Road 3. That the property which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment. You may contact the Trustees Office at 765- 1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: JAMES BAKER MAILING ADDRESS: 52 ARMAND ROAD, RIDGEFIELD,CT 06877 PHONE (203) 948-5072 Enc.: Copy of sketch or plan showing proposal convenience. for your 5 BOAteD OF TRUSTEES, TOk~ OF SOUTHOLD In the matter of applicant: James Baker SCMT# 100 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Oonstruct 8 (+/-) /F of new4-ft. wide wood post and framed stairs with a rail mounted to an existing pier waterward of the 10-ft. elevation contour, construct a 10-ft.wide x 8 +/- ft. landing with a dock box, construct 38 (+/-) LF of timber/stone steps with rails set in the existing bank leading to a new 4-ft. x 4-ft. wood post and framed landing at the top of the bank landward of the 10-ft. elevation contour and all with Iow intensity lighting and water service. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Property off of Peninsula Road 3. That the property which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment on: ~VedResda¥~ August ~9~ 2999. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: JAMES BAKER MAILING ADDRESS: 52 ARMAND ROAD RIDGEFIELD, CT 06877 PHONE (203) 948-5072 Enc.: Copy of sketch or plan showing proposal for your convenience. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Richard & Patricia Baker Address: P. O. Box 395 Fishers Island, NY 06390 Walter C. Flower,III Flower & Company Elbert M. Burr, Jr. Fishers Island Club, Inc. Fishers Island Development Co. 408 Magazine Street New Orleans, LA 70130 P.O. Box 34, Peninsula Rd. Fishers Island, NY 06390 P.O. Box F Fishers Island, NY 06390 Drawer E Fishers Island, NY 06390 STATE OF CONNECTICUT COUNTY OF NEW LONDON DOCKO, INC. , residing at 14 HOLMES STREET, ~M~TICm CT , being duly sworn, deposes and says that on the day of ~l~(}~ , 20{)~, deponent mailed a true copy of'the Notice s'~t ~or~h in the ~oard of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address 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 MYSTIC, CT , that said Notices were mailed ~o each of said ma' . Sworn to ~efore~me this Day of /~t~t]~- , 20 Notary' Public OFF C~A__L USe /../ $ ..fi, q/ $ ~ql ( omement Requi~sd) $ 61, 7/ gl OFF C~AL USE ~ (~ndorsement Required) 6/ LW'~i[~ CONSISTENCY ASSESSMENT F/~RM A. INSTRUCTIONS 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. *ExceptJbr minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 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). 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~ lisfin~ both suooortint~ and non-suooortino facts. If an action cannot bc 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. SCTM# 1000 - 10-05-09 PROJECT NAME: New Landing & Steps 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: CONSTRUCT 8~,+/-) LF OF NEW 4-FT. WIDE WOOD POST AND FRAME STAIRS WITH RAIL MOUNTED TO AN EXISTING PIER WATERWARD OF THE 10-FT. NGVD CONTOUR, CONSTRUCT A 10-FT. WIDE X 8-FT. LONG LANDING WITH A DOCK BOX AND CONSTRUCT 38 (+/-) LF OF TIMBER OR STONE STEPS WITH GRAVEL TREADS INCLUDING A HANDRAIL SYSTEM SET 1N THE EXISTING BANK LEADING FROM THE LANDING TO A 4-FT. X 4-FT. LANDING AT THE TOP OF THE BANK, LANDWARD OF THE 10-FT. NGVD CONTOUR. THE FULL-LENGTH OF THE STAIR AND LANDING WILL BE FITTED WITH LOW-INTENSITY LIGHIING AND WILL ACCOMMODATE ELECTRICAL SERVICE AND WATER SERV1CE TO THE EXISTING PIER. THIS PROJECT IS BEING BUILT IN AN AREA WHERE A PREVIOUS PATH ttAD BEEN APPROVED FOR ACCESS TO THE PIER AND DOCKING FACILITIES ON THIS WOODED AND VEGETATED BANK. rropert¥ oI! l'enlnsula ~.oan in l.~arole s Love. Parcel = 4.1 acres Locauon oI acuon: Site acreage: Present Land use: . Residential Present Zoning Classification: Residential 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: James Baker b) Mailing Address: 52 Armand Road, Ridgefield, CT 06877 c) Telephone number: Area Code (203) 948-5072 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 Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. SEE ATTACHED NARRATIVE 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 new stairway system makes appropriate use of an existing waterfront access dock site and complies with environmental design factors and guidelines the NYS DEC, and the DOS Coastal Management Program, Southold Local Law No. 6, 2004 and the Southold LWRP. The stairway design provides a standard wood-framed stairway from the pier to the ftrst intermediate landing where a dock box will be located. From there to the top of the bank, the stairs will be of timbers with gravel backfill to provide a natural stair with minimal flaming and minimal excavation. The stairway will be low-impact and low- profile. Lighting will be low-intensity and will be operated either from the top of the bank or the pier and be turned off mamlally or with a timer after 15 minutes or so. In this way, the impact at night will be 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 known archaeological sites or historically significant characteristics to this site other than the stone wall just to the north of the proposed stairway. This stone wall was built early last century to separate adjacent farming parcels. The wall will not be disrupted or impacted by the proiect. The stairway improvements will however make the wall more visible. 2 Policy 3. Enhance visual qtj&~ty and protect scenic resources thr~#ghout the Town of Southold. See LWRP Section 111 - Poi~lk Pages 6 through 7 for evaluation t~lria __ Yes __ No X Not A~plicable The proposed structure is a fixed wood post-supported timber framed structure to the intermediate landing and an embedded wood path stair from the landing to the top of the bank. The only visual access affected by this project is across Darbie's Cove but the visual impact will not be significant because of the low profile of the structure, the wooded bank and the vegetated background. The dock facility is a typical recreational boating facility and typical of other such facilities along the shoreline and on adiacent or nearby properties. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section Ili - Policies Pages 8 through 16 for evaluation criteria. Yes __ No X, Not Applicable Darbie's Cove is acknowledged to be in a flood-prone area; there is some wave exposure at this site when storms or fronts generate northerly winds.. The pier has been built to accommodate complete submersion and resist hydrostatic uplift pressures due to flooding. The float width of 8 feet is appropriate for this site, wave exposure and the inherent stability of floating docks and was built according to plan. The stairway will be almost entirely upland of thc flooding limits of this site and will be anchored by the existing pile-supported pier and the augered post-supported landing. It is highly unlikely that buoyant forces of submergence by flooding could destabilize this stairway structure. 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 suitability of or availability of drinking water on Fishers Island. There will be no rainfall mn-off caused by the stairway. The embedded configuration provides for infiltration of rainfall into the ground without influence or diversion. The wells and ponds which supply drinking water for the island are well off of and away from the property and the stairs are down gradient so there should be no adverse affect on quality even if pressure-treated wood is used for the stairway matedals. 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 This stairway project will be built almost em[rely landward of the apparent high water line using minimal structural timber components and minimal excavation. · he desi arameters sho~_h.q_~_~ ~vide an o t_p_!~~n acceptable desig!! and access standards and pro~ool~ortunities for the vegetation to c~l~_ the bank. The structure runs down a steep bank adiacent to along-standing stone property line wall and would not appear to fragment the hillside community or vegetation any differently than the existing stone wall structure, thus the siting of the stairway (and the dock facility previously.) tn addition, the NYS DEC prepared a study showing that the proposed pressure-treated Southern Pine timber products construction materials are suitable for this type of proiect in this location, except for decking on the framed stair which will be of untreated woods or composite (or plastic) materials. 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 proiect. No emissions will be generated by the landing and stairs. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section II1 - 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 construction process will be collected and disposed of in accordance with current regulations so as to minimize harmful affects. 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. Yes __ No X Not Applicable This project is being built on private land. The public trust lands and waters constitutes the area between the mean high water line and mean low water line and the resources are from the high tide line (apparent high water line out. These environmental resources are being protected by the design standards dictated by the Town of Southold and the NYS DEC. There is virtually no public use of the waterfront in this area and the construction of the stairway to a landing above the apparent high water line is not likely to influence or change this fact. WORKING COAST POLICIES 4 P. olicy 10. Protect Southold~water-dependent uses and promote, i~ng of new water-dependent · uses in suitable locations. ~I~LWRP Section HI - Policies; Pag~7 through 56 for evaluation criteria. X Yes __ No __ Not Applicable This project is to build a wood post-supported and timber framed stairway and inset timber steps to a water-dependent, recreational and transportation boat docking facility. This pier usage is defined as water-dependent in the LWRP because the pier and float support recreational boating and will provide occasional boat transportation access to the mainland. The stairway framing will mount to the pier and mn up the bank to the intermediate landing without any new structure that could adversely effect access along and to public trust lands and waters of the State· A ground-based step system was considered preferable to a fulMength framed and post-supported stair system to preserve as much natural feature on the bank as possible. 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. Yes __ No X Not Applicable This landing and steps will not be used for commercial fishing or shellfish industries or enterprises. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section Ill - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable This landing and steps are not in an area of or in support of any agricultural or aquaculture industries or enterprises and there are none in Darbie's Cove and so this aspect of the LWRP ~hould not suffer .any adverse impacts. 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 This landing and steps arc not used for or in support of any energy or mineral mining or processing operations nor are any such operations existing in Darbie's Cove. This proiect wilt not adversely affect energy or mineral sources or resources. PREPARED BY: Keith B. Neilson, P.E. TITLE Agent _DATE July 13, 2009 James F. King, President Jill M. Doherty, Vice~President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction ½ .¢constructed ~Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6619 DATE: MAY 16~ 2007 ISSUED TO: JAMES BAKER PROPERTY ADDRESS: PENINSULA RD. FISHERS ISLAND SCTM#10-5-9 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on May 16, 2007, and in consideration of application fee in the sum of $250.00 paid by James Baker and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and the following: Wetland Permit to construct a 4'X 66' fixed wood pile dock and timber pier and install an 8'X 16' floating dock with associated 3.5' X 20' ramp and restraint pilin: and install two tie-off pilings all waterward of the AHWL, and as depicted on the plans prepared by Docko, Inc. last dated May 17, 2007. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee James Baker, residing at Peninsula Road, Fisher's Island, New York, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the xvork shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 $outhold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 May 16, 2007 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Kieth B. Neilson, P.E. Docko, Inc. P.O. Box 421 Mystic, CT 06355 RE: JAMES BAKER PENINSULA ROAD, FISHER'S ISLAND SCTM# 10-5-9 Dear Mr. Neilson: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, May 16, 2007 regarding the above matter: WHEREAS, Docko, Inc., on behalf of JAMES BAKER applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated January 18, 2007, 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 issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on May 16, 2007, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of JAMES BAKER to construct a 4'X 66' fixed wood pile dock and timber pier and install an 8'X 16' floating dock with associated 3.5' X 20' ramp and restraint pilings, and install two tie-off pilings all waterward of the AHWL, and as depicted on the plans prepared by Docko, Inc. last dated May 17, 2007. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per ~nspection. (See attached schedule.) Fees: $50.00 Very truly yours, Jam~s F. King President, Board of Trustees JFK/Ims James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Please be advised that your application dated._~u,,~C/v' reviewed by this Board at the regular meeting of /)"~,/~ /~,, following action was taken: has been and the ( t/ ) Application Approved (see below) ( )Application Denied (see below) (__.)Application Tabled (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth in Chapter 97 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: BY: James F. King, President Board of Trustees James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Work session Report / Date/Time: Docko, Inc. on behalf of JAMES BAKER requests a Wetland Permit to construct a 4'X 62' fixed wood pile and timber pier and an 8'X 20' floating dock with associated ramp and restraint pilings, and install seven tie-off pilings, all waterward of the apparent high water line. Located: Peninsula Rd., Fishers Island. SCTM#10-5-9 Type of area to be impacted: '/Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of above: Part of Town Code proposed work falls under: ~Chapt.275 Chapt. 111 other Type of Application: r-~Wetland __Coastal Erosion __ __Emergency Pre-Submission __ Info needed: Amendment Administrative Violation 2 Conditions: Present Were: ng __J.Doherty__P.Dickerson D. Bergen__ B. Ghosio, Jr H. Cusack D. Dzenkowski Mark Terry~other Mailed/Faxed to: Environmental Technician Review Date: Telephone (631) 765-1892 Town Hail 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., February 7, 2007, the following recommendation was made: JAMES BAKER to construct a 4'X 62' fixed wood pile and timber pier and an 8'X 20' floating dock with associated ramp and restraint pilings, and install seven tie-off pilings, all waterward of the apparent high water line. Located: Peninsula Rd., Fishers Island. SCTM#10-5-9 The CAC did not make an inspection, therefore no recommendation was made. JAMES BAKER FISHERS ISLAND PHOTOGRAPHS New Fixed Pier & Float ABOVE: THIS PHOTOGRAPH SHOWS THE BAKER SITE FROM THE MIDDLE OF DARBIE'S COVE LOOKING EASTERLY TO SHORE. THE CLUMP JUST RIGHT OF CENTER IN THE PHOTOGRAPH 1S THE TREE THAT COLLAPSED INTO THE COVE. THE NEW DOCK LOCATION IS RIGHT IN THE CENTER OF THE PHOTOGRAPH IN THE AREA OF THE NORTH BRANCHES OF THE TREE WHICH CURRENTLY OBSCURE TIlE SHORELINE SEDIMENTS LEAVING IT BASICALLY DEVOID OF VEGETATION. THUS, THE IMPACTS FROM THE NEW PIER WILL BE MINIMAL. JAMES BAKER FISHERS ISLAND PHOTOGRAPHS New Fixed Pier & Float ABOVE: THIS PHOTOGRAPH SHOWS THE DOCK FACILITY AT THE BURR HOME ON THE WEST SHORE OF THE DARBIE'S COVE INLET AS VIEWED FROM APPROXIMATELY THE END OF THE BAKER'S NEW FLOAT. IT IS CLEAR THAT NAVIGATION AND WATER FLOW AND CIRCULATION WILL NO BE IMPEDED BY THIS STRUCTURE. JAMES BAKER FISHERS ISLAND PHOTOGRAPHS New Fixed Pier & Float ABOVE: THIS PHOTOGRAPH SHOWS THE DOCK FACILITY AT THE HOME OF MR. & MRS. RICHARD BAKER, THE APPLICANT'S PARENTS IMMEDIATELY SOUTH OF THE PROPOSED DOCK SITE LOOKING SOUTH FROM THE MIDDLE OF DARBIE'S COVE. AGAIN, IT IS CLEAR THAT MANEUVERING AREA WITHIN THE COVE AND WATERFLOW AND CIRCULATION WILL NOT BE IMPEDED BY THIS PROJECT. Docko, Inc. RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, e-mail: docko@snet.net NYS DEC Environmental Permits Building 40, SUNY Stony Brook, NY 11790-2356~ 1 December 18, 2006 ~- : i..' · R~: James Baker ~ - ~ New Fixed Pier & Float To Whom It May Concern: On behalf of Mr. James Baker we request a Tidal Wetlands Permit including Water Quality Certifications, as necessary, for a new fixed pier and float in Darbie's Cove on Fishers Island, New York. We enclose the following in support of this permit application: Four prints each of plans titled: Project: Waterway: Location: Applicant: Date: "New Fixed Pier & Float" Darbie's Cove Fishers Island, Town of Southold Suffolk County, New York James Baker November 6, 2006 Four copies of the NYS DEC Joint Application, including the Short Environmental Assessment Form, Tax Assessor's Map, Photographs Location Map and Site Survey One copy of each application submitted to other regulatory agencies I trust that you will find this application package complete and acceptable; please let me know if the need for further information arises. Very truly yours, DOJ2KO, INC.x Keith B. Neilson, P.E. KBN:jm Enclosures CC: James Baker US ACOE NYS DOS Town of Southold: King File: 06-05-1813 BAKER JOINT APPLICATION ,~ ~ NewYork State FOR PERMIT Un~d States Army Corps of Engineers HYS Del)t. of Environmental Conservation JAMES BAKER! (203) 948-5072 52 ARMAND ROAD (Co~stnJCt or Place) RIDGEFIELDI CT 06877 [] Coastal Erosion Contm~ [] Owner [] Operator r-]Lessee [] 401V~terOualityCertificaflon Ov~'orAgent/ContactPemon [] Owner []Agent/CentactPerson ) Telephone Number (daytime [] PotableWater Supply Keith B. Neilson, P.E., Docko, Inc.I (860) 572-8939 [] Aq.a~vege~o. co~t~ P.O. Box 421 Po~t o~. I st~ [] Aqu~t~.sectco.t~ Mystic CT 06355 (StateOwnedLandsUnder~ter) Suffolk Southold, F.I. 1000 010 05 09 [] Lease, License, Easement or L~,. ¢~d*.. St. et Or Road) (203) 948-5072 Ut~it'/Easement (pipelines. c~du~t$. PROPERTY OF PENINSULA ROAD [] Docks, Moorings or Platfon~s Fishers Island NY 06390 Darbie's Cove [] Freshwater Wetrands Permit New London CT - RI - NY CONSTRUCT 62 (+/-) LF OF 4-FOOT WIDE FIXED WOOD PILE AND TIMBER [] Docks (CD.struct or P~ace) PIER AND INSTALL AN 8' X 20' FLOAT WITH ASSOCIATED RAMP AND [] Moodags (Establish} RESTRAINT PILINGS AND SEVEN TIE-OFF PILINGS ALL WATERWARD OF THE APPARENT HIGH WATER LINE. va, thi~ ~,.j,~; Require A.;d;~,.,,~ [] [] ~f Yes, US ACOE, TOWN OF SOUTHOLD I RESET Docko, Inc. RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (8~0) 572~756%~e-,~aj,l~docko@snet.net IJecemoer I ~, zuu~ Mr. Michael Vissichelli U.S. Army Corps of Engineers Jacob Javits Federal Center, Room 1937 New York, New York 10278-0090 Re: James Baker New Fixed Pier & Float Dear Mr. Vissichelli: On behalf of Mr. James Baker we request a Department of the Army Permit for a new fixed pier and float in Darbie's Cove on Fishers Island, New York. We enclose herewith the following in support of this permit application: Two prints each of plans titled: Project: Waterway: Location: Applicant: Date: "New Fixed Pier & Float" Darbie's Cove Fishers Island, Town of Southold Suffolk County, New York James Baker November 6, 2006 Two copies of Corps of Engineers and NYS DEC Application Forms, Location Map, Tax Assessor's Map, photographs and NYS DOS Federal Consistency Assessment Form. One copy of the Town of Southold application, and the NYS DOS Consistency Review Form. I trust that you will find this application package complete and acceptable; please let me know if the need for further information arises. Very truly yours, DOCKO, 1NC. KBN:jm Enclosures CC: James Baker NYS DEC: Environmental Permits Town of Southold: King File: 06-05-1813 BAKER APPLICATION FO ,PARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-003 ~ (33 CFR 325) Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions, se~rchiag existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.. Send comments regarding this burden estimate of any other ~.~pect o£this collection of information, including suggestions for reducing this burden, to Department of Defense, W~hington Headquarters Service Directorate of of Information Operations and Reports. 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 222024302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), W~shington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed aoplications must be submitted to the District Engineer having jurisdiction over the location oftbe proposed activiiy. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, navigable waters of the United States the discharge of dredged or fill material into waters of the United States, and the transportation of dredgad material for the purpose of dumping il into ocean waters. Routine Uses: Information provided on this form will be used in evaluating this application for a permit. Disclosure: Disclosure of requested information is is voluntary. If in formation is not providad, however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction of the proposed activity. An application that is not completed in full will be returned. I. APPLICATION NO. 5. APPLICANTS NAME JAMES BAKER 6. APPEICANT"S ADDRESS 52 ARMAND ROAD RIDGEFIELD, CT 06877 7. APPLICANTS PHONE NO'S W/AREA CODE a. Residence (203) 948-5072 b. Business (ITEMS I THRU 4 TO BE FILLED BY THE CORPS) 2, FIELD OFFICE CODE [3. DATE RECEIVED 4.DATE APP. COMPLETED I ITEMS BELOW TO BE FILLED BY APPLICANT 8. AUTHORIZED AGENTS NAME & TITLE DOCKO, INC. KEITH B. NEILSON, P.E. 9. AGENTS ADDRESS P. O. BOX 421 MYSTIC, CT 06355 10. AGENTS PHONE NO'S W/AREA CODE a. Residence b. Business (860) 572-8939 I I. STATEMENT OF AUTHORIZATION I hereby authorize, DOCKO, INC. to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. DATE JAMES BAKER NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (See instructions) NEW FIXED PIER & FLOAT 13 NAME OF WATERBODY, IF KNOW (if applicable) DARBIE'S COVE 15. LOCATION OF PROJECT SUFFOLK NY COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (See instructions) 14. PROJECT STREET ADDRESS (if applicable) PROPERTY OFF PENINSULA ROAD FISHERS ISLAND, NEW YORK 06390 LAT. 41° 51' 46" N, LONG, 72° 00' 10" W SITE IS LOCATED ON THE EAST SHORE OF DARBIE'S COVE ON FISHERS ISLAND. 17. DIRECTIONS TO TIlE SITE FOLLOW OR1ENTAL AVENUE EAST TO PENINSULA ROAD. S1TE IS OFF PENINSULA ROAD, AT TItE THIRD S1TE TO THE EAST. ENG FORM 4345, Feb. EDITION OF SEP 91 IS OBSOLETE. (Proponent:CECW-OR 18. Nature of Activity (Descr ption of project, include all features) CONSTRUCT 62 (+/-) LF OF 4-FOOT WIDE FIXED WOOD PILE AND TIMBER PIER AND INSTALL AN 8' X 20' FLOAT WITH ASSOCIATED RAMP AND RESTRAINT PILINGS AND SEVEN TIE-OFF PILINGS ALL WATERWARD OF THE APPARENT HIGH WATER LINE. 19. Project Purpose (Describe the reason or purpose oftbe project, see instmcfions) THIS 1S A PRIVATE DOCK FOR RECREATIONAL BOATING. USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCllARGED 20. Remon (s) for Discharge N/A 2 I. Type (s) of Material Being Discharged and the Amount of Each Type in Cubic Yards N/A 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) N/A 23. ls Any Portion of the Work Already Complete? Yes No X IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list). NORTH: WALTER C. FLOWER Ill, FLOWER & COMPANY, 408 MAGAZINE ST., NEW ORLEANS, LA 70130 SOUTH: RICHARD S. BAKER, P. O. BOX 395, FISHERS ISLAND, NY 06390 WEST: ELBERT M. BURR, JR., P.O. BOX 34, PENINSULA RD., FISHERS ISLAND, NY 06390 25. I.ist of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application AGENCY TYPE APPROVAL* IDENT. NUMBER DATE APPLIED DATE APPROVED DATE DENIED Town o~ Southold Type I PENDING PENDING NYS DEC Tidal Wetlands PENDING PENDING Water Quality Cert. *Would include but is not restricted to zoning, building and flood plain permits. 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herem~gr am acting as~be duly authorized agent of the applicant. ~SNATURE SIGNATURE OF AGENT r.~ DATE OF APPLICANT DATE JAMES BAKER KEfFH B. NEILSON, P.E., DOCKO, INC. The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block I 1 h~a been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and wigthlly falsifies, conceals, or covers up any trick, scheme, or discuises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. *U.S.GPO: 1994-520478/82018 Docko, Inc. RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569. e-mail: docko@snet.net December l 8, 2006 NYS DOS Department of Coastal Resources 41 State Street, 8th Floor Albany, NY 12231 Re: James Baker, Fishers Island New Fixed Pier & Float To Whom It May Concern: On behalf of Mr. James Baker, we submit the attached Federal Consistency Assessment Form for a new fixed pier and float in Darbie's Cove on Fishers Island, New York. We enclose herewith the following in support of this permit application: Two prints each of plans titled: Project: Waterway: Location: Applicant: Date: "New Fixed Pier & Float" Darbie's Cove Fishers Island, Town of Southold Suffolk County, New York James Baker November 6, 2006 Two copies of Corps of Engineers, NYS DEC and Town of Southold Application forms, Location Map, Tax Assessor's Map and NYS DOS Coastal Management Federal Consistency Assessment Forms. I trust that you will find this application package complete and acceptable: please let me know if the need for further information arises. Very truly yours, DOCKO, INC.. Keith B. Neilson, P.E. KBN:jm Enclosures CC: James Baker NYS DEC: Regulatory Affairs ACOE Town of Southold: King File: 06-05-1813 BAKER CO~lL MAI~%GEMENT PROGRAM Fed~onsistencv Assessment Form An applicant, seeking a permit, license, waiver, certification or similar type of approval from a federal agency which is subject to the New York State Coastal Management Program (CMP, shall complete this assessment form for any proposed activity that will occur within and/or directly affect the State's Coastal Area. This form is intended to assist an applicant in certifying that the proposed activity is consistent with New York State's CMP as required by U.S. Department of Commerce regulations (15 CFR 930.57(. It should be comp01eted at the time when the federal application is prepared. The Department of State will use the completed form and accompanying information in its review of the applicant's certification of consistency. A. APPLICANT 1. Name: JAMES BAKER 2. Address: FISHERS ISLAND, NEW YORK 06390 3. Telephone: Area Code 1203) 438-0612 B. PROPOSED ACTIVITY Bdef description of activity: CONSTRUCT 62 (+/-) LF OF 4-FOOT WIDE FIXED WOOD PILE AND TIMBER PIER AND INSTALL AN 8' X 20' FLOAT WITH ASSOCIATED 3.5' X 24' RAMP AND TIE-OFF PILINGS ALL WATERWARD OF THE APPARENT HIGH WATER LINE. Purpose of activity: THIS IS A PRIVATE DOCK FOR RECREATIONAL BOATING 1. Location of activity: SUFFOLK County FISHERS ISLAND, TOWN OF SOUTHOLD City, Town or Village OFF OF PENINSULA RD. Street or Site Description 2. Type of federal permit / Jicense required: U.S. ACOE. NYS DEC,TOWN OF SO~ITHOLD 3. Federal application number, if known: 4. If a state permit / license was issued or is required for the proposed activity, identify the state agency and provide the application or permit number, if known: 5. C. COASTAL ASSESSMENT Check either "YES' or "NO' for each of the following questions. The numbers following each question refer to the policies described in the CMP document (see footnote on page 2) which may be affected by the proposed activity. YE~S NO 1. Will the proposed activity result in any of the following: a. Large physical change to a site within the coastal area which will require the preparation of an environmental impact statement? (11, 22, 25, 32, 37, 38, 41, 43) b. Physical alteration of more than two acres of land along the shoreline, land under water or coastal waters? (2, 11, 12, 20, 28, 35, 44) ........................................ c. Revitalization / redevelopment of a deteriorated or underutilized waterfront site? (1) d. Reduction of existing or potential public access to or along coastal waters? ( 19, 20) ...... e. Adverse effect upon the commercial or recreational use of coastal fish resources? (9,10)... f. Siting of a facility essential to the exploration, development and production of energy resources in coastal waters or on the Outer Continental Shelf? (29) .................. g. Siting of a facility essential to the generation or transmission of energy? (27) h. Mining, excavation, or dredging activities, or the placement of dredged or fill matedal in coastal waters? (15, 35) ................................................... i. Discharge of toxics, hazardous substances or other pollutants into ceastal waters?(8,15,35) j. Draining of stormwater runoff or sewer overflows inte coastal waters? (33) ............. k. Transport, storage, treatment, or disposal of solid wastes or hazardous materials? (36, 39). Adverse effect upon land or water uses within the State's small harbors? (4) ........... X X X X X X X X X X X X X X X X X X 2. Will the proposed activity affect or be located in, on, or adjacent to any of the fctlowing: a. State designated freshwater or tidal wetland? (44) ................................. X b. Federally designated flood and / or state designated erosion hazard area? (11, 12, 17) .... X~ c. State designated significant fish and I or wildlife habitat? (7) ......................... X d. State designated significant scenic resource or area? (26) e. State designated important agricultural lands? (26) ................................ f. Beach, dune or barrier island? (12) ............................................. g. Major ports of Albany, Buffalo, Ogdensburg, Oswego or New York? (3) ................ h. State, country, or local park? (19, 20) i. Historic resource listed on the National or State Register of Histodc Places? (23) .......... __ -1- 3. Will the proposed activity require any of t~owing: '~ a. Waterfront site? (2, 21, 22) ................................................. X b. Provision of new public services or infrastructure in undeveloped or sparsety populated sections of the coastal area? (5) ............................................. c. Construction or reconstruction of a flood or erosion control structure? (13, 14, 16) ....... d. State water quality permit or certification? (30, 38, 40) ............................ e. State air quality permit or certification? (41, 43) ................................. 4. Will the proposed activity occur within and / or affect an area covered by a State approved Local waterfront revitalization program? (see policies in local program document) ......... ADDITIONAL STEPS X X X X X 1. If all of the questions in Section C are answered "NO", then the applicant or agency shall complete Section E and Sub the documentation required by Section F. 2. If any of the questions in Section are answered "YES', then the applicant or agent is advised to consult the CMP, or where appropriate, the local waterfront revitalization program dccument. The proposed activity must be analyzed in more detail with respect to the applicable state or local coastal policies. In the space provided below or on a separate page (s), the applicant or agent shall: (a) identify, by their policy numbers, which coastal policies are affected by the activity, (b) briefly assess the effects of the activity upon the policy; and (c) state how the activity is consistent with each policy. Following the completion of this written assessment, the applicant or agency shall complete Section E and submit the documentation required by Section F. --. CERTIFICATION The applicant or agent must certify that the proposed activity is consistent with the State's CMP or the approved local waterfront revitalization program, as appropriate. If this certification cannot be made, the proposed activity shall not be undertaken. If this certification can be made, complete this Section. "The proposed activity complies with New York State's approved Coastal Management Program, or with the applicable approved loc. al waterfront revitalization program, and will be conducted in a manner consistent with such program.' Applicant/Agent's Name: JAMES BAKER 3. Address: FISHERS ISLAND, NY 06390 Telephone: Area Code (203') 438-0612 Applicant I Agent's Signature: __ F. SUBMISSION REQUIREMENTS Date: The applicant or agent shall submit the following documents to the New York State Deparfment of State, Division of Coastal Resources and Waterfront Rev[talizaticn, 162 Washington Avenue, Albany, NY 12231. a. Original signed form. b. Copy of the completed federal agency application. c. Other available information which would support the certification of consistency. The applicant or agent shat] also submit a copy of this completed form along with his I her application to the federal agency. If there are any questions regarding the submission of this form, contact the Department of State at (518) 474q~000. See attached narrative PROJECT: WATERWAY: LOCATION: APPLICANT: DATE: AGENT: LOCATION MAP "NEW FIXED PIER & FLOAT" DARBIE'S COVE FISHERS ISLAND, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JAMES BAKER NOVEMBER 6, 2006 DOCKO, 1NC. ! $ Stol Silver Eel ~ove * Harbor BLOCK Is]a. nd West Harbor ISLAND. PROJECT: WATERWAY: LOCATION: APPLICANT: DATE: AGENT: )10, SECTION 5, LOT 09 "NEW FIXED PIER & FLOAT" DARBIE'S COVE FISHERS ISLAND, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JAMES BAKER NOVEMBER 6, 2006 DOCKO, INC. COUNTY OF SUFFOLK (~ [ ~2~r,,,~,_% I ~%~L~'%~ Real Properly fax Service Acjency I ~ I °'~'%'~j.. ),~,, LOCATION I~1::~ ~ 2. TIDE DATA I~ TAKEN ~ ,2OO~ NOAA TIDE T, ABL.,F_.~ R~FERE~NCE: ~T ~ ~E~ ~ ~ OF ~ ~ ~ W~D 4-. P~)JEGT ~1~: THI~ ~ A I:~ATE DOC:K FO~ BOATINg. ,c::::>L--,,,,~, N VI,E~W ~ 34~J. F~NIN~UL.A I I I 5. THE~E AoC~CATION DI2.A'W1NC~ 124~PRE.~ENT A C, OMPlLATION OF ~UI~,EY~ t=O1~ PEI2J"IlT l::~i. JI2..120~E..~. THEY ACE NOT CON~TI2JJCTION CX3 NTRACT DOCUMENTS. 6. ,z~JOININ~ ~ OVv'NEP-~: NOI~TN: FLOW~ ~nd COMRa,,NY ~Cl-,l,a,l~ F. B,A,K~I~ ~ M,,~FAZINE ~TREb-T PO BOX 5_~5 NE'~V ~, LA 70130 ~.~IER~ I~,a~AND, NY O65-~O I::'¢.OJEGT: N~%'V F1XEO I:::'IEI~ end FLOAT LOCATION: R.~,HER.~ BLAND, TOWN OF ~)UTHOLD · ECJ~ COUNTY, NE~V YOI;~. WATEk%VAY: 1}AI~BI~ COVE DATE NOM~MBER 7, 2OC~ ~ICANT: JAI'dE~ BAKER ,AGENT: E~HEET 1 OF 4- E~OCI~O, INC. Keith B. Neil~on, ~ M~:, CT 06555 8¢~) 572 ~,9~9 FAX 8~D 572 7569 U~ ACOE L~N~ 1~¢I2'3~ENDICULA~ TO N/F I:>P. OPEIZ'FY DF FLOWER:!: 5UI~:'VEY and '¢/ETLAND ~IN~ by C.M.E. pa, TH BOTTOM OF (Tm) BENCHMARK TOP OF MONUMENT = 4.59 OF ~'JCH~/2.0 B/4cJE~ F~.OJECT: N~/V FIX~O I::'IEI~ and FLOAT LOCATION: FL,..GHE¢..9 IE4_AND, TOYVN OF .E:OLrrHOLD SUFFOLK COUNTY, NE'W' YORK WATED, VAY: DAR84Fr.~ COVE DATE: NOVEME, E~ /N~I::~,~Nr'i': J,,N'I E.~ BAKER /N~ENT: .E~EET 2 OF ,4- M,/~tic. CT C~955 EMAJL; i PI~gJ~C'F: N~-'Mv' FIXEO I::'IER and FLOAT LOC~TION: FIE;,H E R.~ I~LANID, TOWN (DF .~UTHOLD E, UFF-OL~ CouNrpf, NEVV YO~4 WA~IL>',N'AY: DARBIF-~ COVE E)AT~ NOVEMBER 7, OOO~ APt:~CANT: JAMES BAKER AE, ENT: E:,HEET 3 OF .4 B. Neil~on, ~ M',~l~c, CT 0¢~55 572 89~9 F~ ~ 572 7569 E~ dockoOs~.~ E:AA/~ 0~-15-1815 J J ~-'w ~c'mlc o,~ J I !,~lllN~ 'FOP ~1.. 4: NOTEz o NO CGA TI~.ATED S.Y. ~NE D~.GKJN~. ~OOID~ ML~T E~ STE~V~IP COUNCIL ~N[3:) VIeW I I I I PI~DJEGT: N'~--'~A/ FIX~I:D I~IEI~ ~:nd FLOAT I~LAND, TObVN OF ~OLITHOLD COUNTY, NENV YOlk( VVATIEJ~¥VA¥: D,~N~J~IF-.~ ~ DAT~ NCTV~dBER 7, A.c~F~I~N'I': JAP'IE~ BAK~ PROJECT: WATERWAY: LOCATION: APPLICANT: DATE: AGENT: ; MAP 010, SECTION 5, LOT 09 "NEW FIXED PIER & FLOAT" DARB1E'S COVE FISHERS ISLAND, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JAMES BAKER NOVEMBER 6, 2006 DOCKO, INC. 0N~0¢-5 INNE~ BAY 5.8 NOTICE ~ COUNTY OF SUFFOLK (~) I ..,~,~...CC.,tr~,,,'~.S.L£ O" ~"~ Real Property fax Service Agency J~ LOCATION MAP PROJECT: WATERWAY: LOCATION: APPLICANT: DATE: AGENT: "NEW FIXED PIER & FLOAT" DARBIE'S COVE FISHERS ISLAND, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK JAMES BAKER NOVEMBER 6, 2006 DOCKO, INC. SOU ]5* " ' ~ Harbor Silver Eel ~ove * coas~r GVARO~ N/F PI~OPEr~"TY NE~V ~IX~D ,~tqAT~ COVE CENI~RLINE N COVE Fishers Is!a.~d West Harbor LOCATION I'¢~::~ 1OOO O 1OOO IN ,4-. PROJECT THI~ ~ A P~tv'ATE DOCK FO~ R~GP*.EATIONAL BOA"riNG. A COMPILATION OF 5URVb-Y5 FOR PU~O~F-~. THb~'¢/~ NOT CONSTRUCTION CONTI2.ACT IDOCUMENT~. ~. ADJOINING PC.O!::~IL::"FY NO~"FH: N,VE~T: 'gVALT~ C. ~12. III ~OUTH: EL[~I~I' M. 6U~ J~ F~R and COMP~ ~C~ F. ~ U~ ,AC. OE ~I24TEPd/k) LINE P[EI2""C~N[~ICULA4~ TO ,~:::~I:::'P.~XIP1ATE CENTEP. LINE OF DAP~IE-~ COVE LOGICAL LINE oF LITTOP-.AE E)EVEL.OI::::'M ENT 15' OFF~ET E,~¢TING Dp. AIL~'nNA E:E.A LAVENDE~ · DEED LINE% , / PATENS (Th'~) u~rm o~ BOULPER 0-'m) /~O)~hlATE CENTERLJNE - oF D,,N~31E~ CC~¢E DAt;~¢IES COV/~ '~""--/~:~I;~)XI MATE 25% oF COVE 'W1Cq'H B, CT'I'TOM OF '_FL,,~ ('P'm) BENCHMARK TOP OF MONUMENT = 4.59 OF R]CHAP. D N~-"VV FIXED I::'IEI~, and FLOAT LOCATION: FICH~I:~ I~LANO, TOWN OF ~OUTHOLD ~UFFOLK COUNTY, NEW WATEK:'WAY: DAI~IE..~ COVE DATE: NOVEMBE~ 7, SHEET 2 OF 4 EDOCKO, INC. ~ B. Neil~on, 12E ~ ~ 8~D~ F~ ~ 572 7~ APl TOWN of DAI2.BiE~ COVE x, / / ' / LINE P~I242ENDICULAR TO WATER 12EVI~ED ~T1~27 T.O.,~. FLOAT, P./k~lP DIM. ~ED ~ T.O~. RE~ ~P DIM. x. NE~V HXEI~ I;::'IE~ ond FLOAT LOCATION: R.~,HEI2-~ ICLAND, TOWN OF E, OLrTHOLD 9UFFOLK COUNTY, NE'~V yOI2J~ WATEEW/AY: OAI2..BIE_~ COVE DATE; NOVE~IBER 7, 200¢ API~JCANT: JAt'IE~ BAKE~ E:,HEET 3 OF ,4- E~. Neilcon, ¢~ ~ CT O~3.55 572 8~3~ FAX 8E=O ~72 7.5~9 / / ¢ / / / / / / NEW t~E~INNIN~ DECK EL EL- ~., NOTE: - NO ~ ~ ~.Y. ~NE OEC~ING. ~OODS MUST ~E ~ CE~IEO 6Y FO~T ~SH ~%~c~OEC~ ~ COUNCIL r== f'~l E~> Vl i~.'~v~ 20' I · ~ ' ENO OF PlEI~ TO AHW'L. .14 NE~V ~ PIER .~,UIZ~OI~T N~ ~L ~ON~ ~x ~' u~m~ ~ ~N~ TOP ~ ~, ~U~ ~OE O~ ~' ~ ~ I ENO OEC~ ~lmum ~DEC~ EL ~ I~-V1SEID ~-23-O7 [DEC FLOAT. I~lP DIM. ~ED ~ T.O.~. ~E~ ~P DIM. NEYV FIXED PlEI~ and FLOAT FI.E~HEI2~ ISLAND, TO'WN OF .E:,UFFOLK COUNTY, NE'vV yOI~K Docko, Inc, RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: docko@snet.net Mr. Jim King, President Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 May 17, 2007 Re: Baker Property, Fishers Island Revised Permit Drawings & Documents Dear Mr. King: We are pleased to transmit herewith copies of the revised permit drawings and documents reflecting stipulations of your approval on Wednesday night, May 16, 2007. These stipulations are as follows: The floating dock will be 8 feet wide and 16 feet long, The pier will be 66 feet long from the apparent high water line to make up for the shortened float, The ramp will remain 3 ½ feet wide x 20 feet long, Only two tie-off piles will be installed with the west end tie-off pile being adjacent to the end of the floating dock and the inner pile being approximately 10 feet closer to shore, Piles will be 8 or 9 inch diameter at the butt and approximately 6 inches at the tip and be either pressure treated Southern Pine, Gmenhea~ or Kakaretli hardwood, The safety rail will be only on the south side of the pier and will be 42 inches high with extended piles providing support for the mils. I trust that you will find these revised drawings with the terms of our discussion at the public hearing and thank you for your approval of this project. Please let me know if the need for any further discussion arises. Your assistance as always is appreciated. Yours truly, KBN:jm Attachments CC: James Baker File: 06-05-1813 BAKER Albert J. Kmpski, President James King, Vice President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only __ Received Application: Received Fee: Completed Application __ Incomplete SEQRA Classification: Type I X Type II __ Coordination: (date sent) CAC Referral Sent: __ Date of Inspection: __ Receipt of CAC Report: __ Lead Agency Determination: Technical Review: __ Public Hearing Held: Resolution: Unlisted X Name of Applicant JAMES BAKER Address 52 ARMAND ROAD, RIDGEFIELD, CT 06877 Phone Number: (203) 948-5072 Suffolk County Tax Map Number: 1000 -10 - 05-09 Property Location: PROPERTY OFF OF PENINSULA ROAD. (provide LILCO Pole #, distance to cross streets, and location) AGENT: DOCKO, INC. (If applicable) Address: P. O. BOX 421, MYSTIC, CT 06355 Phone: (860) 572-8939 Fax: (860) 572-7569 Board of Trustees Application Land Area (in Area Zoning: GENERAL DATA SF) :Parcel= 4.1 ACRES RESIDENTIAL Previous use of property: PRIVATE - RESIDENTIAL Intended use of property: PRIVATE - RESIDENTIAL Prior permits / approvals for site improvements: Agency Date X No prior permits / approvals for site improvements. Has any permit / approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): CONSTRUCT 66 (+/-) LF OF FIXED WOOD PILE AND TIMBER PIER AND, INSTALL AN 8' X 16' FLOAT WITH ASSOCIATED RAMP AND RESTRAINT PILINGS AND INSTALL TWO TIE OFF PILINGS ALL WATERWARD OF THE APPARENT HIGH WATER LINE. Board of Trustees ~pplication WETLAND / TRUSTEE I~NDS A~PLICATION DATA Purpose of the proposed operations: THIS IS A PRIVATE DOCK FOR RECREATIONAL BOATING. Area of wetlands on lot: LESS THAN ~ ACRE Percent coverage of lot: LESS THAN 10% Closest distance between nearest existing edge of wetlands: NO STRUCTURES - N/A structure and upland Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling: X No Yes If yes, how much material will be excavated? 1 cubic yards How much material will be filled? cubic yards Depth of which material will be removed or deposited: 1 FOOT DEEP Proposed slope throughout the area of operations: UNCHANGED REMAINS Manner in which material will be removed or deposited: THE MARINE CONTRACTOR WHO BUILDS THE PIER WILL REMOVE THE FALLEN TREE FROM THE SITE BY BARGE OR STACK LIMBS AND PIECES LANDWARD OF THE APPARENT HIGH WATER LINE. EARTH WILL BE REMOVED ONLY WHERE THE PIER LANDING IS CUT INTO THE BLUFF ABOVE THE SHORE LINE. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): NO ADVERSE IMPACT IS ANTICIPATED ON THE WETLANDS BECAUSE ALL OF THE IMPROVEMENTS ARE IN AREAS CURRENTLY ALMOST COMPLETELY SHADED BY THE FALLEN TREE HINDERING THE GROWTH OF EXISTING TIDAL VEGETATION. THE PIER WIIJ, BE ELEVATED TO PASS OVER THE SOILS AND SEDIMENTS WHERE TIDAl, WETLANDS VEGETATION GROWS OR COULD GROW. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANI~UNI -,,,'\ f Southold F~rd cf Trustees To: James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: May 15, 2007 Re: Request for Wetland Permit for JAMES BAKER SCTM# 10-5-9 Docko, Inc. on behalf of JAMES BAKER requests a Wetland Permit to construct a 4'X 62' fixed wood pile and timber pier and an 8'X 20' floating dock with associated ramp and restraint pilings, and install seven tie-off pilings, all waterward of the apparent high water line. Located: Peninsula Rd., Fishers Island. SCTM#10-5-9 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, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the below Policy Standards and therefore is CONSISTENT with the LWRP; provided that the proposed action meets sub-policies 6.3~ 9.4 and 10.5 (b) outlined below. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate that the following dock standards pursuant to § 275-11. Construction and operation standards have been met. (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [8] whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed; [I0] whether the dock will adversely affect views, viewsheds and vistas important to the community; [11 ] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. It is recommended that the Board evaluate whether the proposed dock will "extend beyond the minimum necessary for access to navigable waters" to meet sub-policy 9.4 below. 9.4 Assure public access to public trust lands and navigable waters. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation~ recreation~ and other public trust purposes, including the incidental rights of I~ublic anchoring. Structures extending beyond the minimum necessary for access to navigable waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in thc following circumstances: a. when necessary for practical and convenient operation of water- dependent industry or commerce, and provided that obstruction of commercial navigation does not result. b. for commercial recreational boating facilities provided that: (i) the loss of navigable waters and use of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation docs not result. c. when the principal purpose of the structure is necessary: (i) to provide public access for recreational uses (ii) for improvements for navigation (iii) for protection from coastal hazards, or (iv) for essential public transportation and transmission facilities. The intent of Policy 10 is to protect existing water-dependent commercial, industrial, and recreational uses and to enhance the economic viability of water-dependent uses by ensuring adequate provision of infrastructure for water-dependent uses and their efficient operation. The term Water-dependent use means a business or other activity which can only be conducted in, on, over, or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. Existing uses should be maintained and enhanced where possible and appropriate. Provide and maintain efficient infrastructure for water-dependent uses. Maintain existing infrastructure and improve or provide new infrastructure, particularly in Mattituck Inlet and Creek, Mill Creek and the Village of Greenport, for commercial and recreational vessels and water-dependent uses. The Town of Southold will work with the federal government, New York State, Suffolk County, the Village of Greenport and private owners of water-dependent uses to: 1. Maintain existing sound infrastructure for continued or potential future use by preventing loss through abandonment and neglect. 2. Demolish and remove alternative infrastructure which is likely to present hazards to harbor operations. 3. Maintain existing, and, where necessary for water-dependent uses, construct new, shoreline stabilization and engineering structures such as piers, wharves, jetties, and bulkheads. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. O Albe~t J. Krupski, President James King, Vice President Henry Smith Artie Foster Ken Poliwoda Toxvn Flail 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only /Received Application: / Received Fee: ~Or ~'~Complet ed Application Incomplete SEQRA Classification: Type I X Type II Unlisted Coordination: (date sent) ~CAC Referral Sent: f Date of Inspection: Receipt of CAC Report: Lead Agency Determination: Technical Review: .~Public Hearing Held: Resolution: X Name of Applicant JAMES BAKER Address 52 ARMAND ROAD, RIDGEFIELD, CT 06877 Phone Number: (203) 948-5072 Suffolk County Tax Map Number: 1000 -10 - 05-09 Property Location: PROPERTY OFF OF PENINSULA ROAD. (provide LILCO Pole #, distance to cross streets, and location) AGENT: DOCKO, INC. (If applicable) Address: P. O. BOX 421, MYSTIC, CT 06355 Phone: (860) 572-8939 Fax: (860) 572-7569 ~Board of Trustees A~plication GENERAL DATA Land Area (in SF):Parcel= 4.1 ACRES Area Zoning: RESIDENTIAL Previous use of property: PRIVATE - RESIDENTIAL Intended use of property: PRIVATE - RESIDENTIAL Prior permits / approvals for site improvements: Agency Date X__ No prior permits / approvals for site improvements. Has any permit / approval ever been revoked or suspended governmental agency? X No Yes by a If yes, provide explanation: Project Description (use attachments if necessary): CONSTRUCT 62 (+/-) LF OF 4-FOOT WIDE FIXED WOOD PILE AND TIMBER PIER AND, AN 8' X 20' FLOAT WITH ASSOCIATED RAMP AND RESTRAINT PILINGS AND INSTALL SEVEN TIE OFF PILINGS ALL WATERWARD OF THE APPARENT HIGH WATER LINE. Board of Trustees Application WETLAI~D / TRUSTEE L~R~DS APPLICATION DATA Purpose of the proposed operations: THIS IS A PRIVATE DOCK FOR RECREATIONAL BOATING. Area of wetlands on lot: LESS THAN ~ ACRE Percent coverage of lot: LESS THAN 10% Closest distance between nearest existing edge of wetlands: NO STRUCTURES - N/A structure and upland Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling: X No Yes If yes, how much material will be excavated? How much material will be filled? Depth of which material will be removed or DEEP 1 cubic yards cubic yards deposited: 1 FOOT Proposed slope throughout the area of operations: REMAINS UNCHANGED Manner in which material will be removed or deposited: THE MARINE CONTRACTOR WHO BUILDS THE PIER WILL REMOVE THE FALLEN TREE FROM THE SITE BY BARGE OR STACK LIMBS AND PIECES LANDWARD OF THE APPARENT HIGH WATER LINE. EARTH WILL BE REMOVED ONLY WHERE THE PIER LANDING IS CUT INTO THE BLUFF ABOVE THE SHORE LINE. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): NO ADVERSE IMPACT IS ANTICIPATED ON THE WETLANDS BECAUSE ALL OF THE IMPROVEMENTS ARE IN AREAS CURRENTLY ALMOST COMPLETELY SHADED BY THE FALLEN TREE HINDERING THE GROWTH OF EXISTING TIDAL VEGETATION. THE PIER WILL BE ELEVATED TO PASS OVER THE SOILS AND SEDIMENTS WHERE TIDAL WETLANDS VEGETATION GROWS OR COULD GROW. OBoard 1 e of Trustees App icat~on COASTAL EROSION APPLICATION DATA Purposes of proposed activity: THIS SECTION NOT APPLICABLE THERE IS NO COASTAL EROSION THREAT AT THIS SITE. No Does the project No Are wetlands present within 75 feet of the proposed activity? Yes involve excavation or filling? Yes If Yes, now much material will be excavated? (cubic yards) How much material will be filled? (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: JAMES BAKER SCTM# 1000-010-05-09 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct 62 (+/-) LF of 4-foot wide wood pile and timber pier and install an 8' x 20' float with associated ramp and restraint pilings and seven tie-off pilings all waterward of the apparent high water line. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Property off of Peninsula Road 3. That the property which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment. You may contact the Trustees Office at 765- 1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: JAMES BAKER MAILING ADDRESS: 52 ARMEND ROAD, RIDGEFIELD, CT 06877 PHONE 203) 948-5072 Enc.: Copy of sketch or plan showing proposal convenience. for your 5 PROOF OF MAILING OF ATTACH CERTIFIED MAIL RECEIPTS Name: Richard & Patricia Baker Address: P. O. Box 395 Fishers Island, NY 06390 Walter C. Flower,III Flower & Company Elbert M. Burr, Jr. Fishers Island Club, Inc. Fishers Island Development Co. 408 Magazine Street New Orleans, LA 70130 P.O. Box 34, Peninsula Rd. Fishers Island, NY 06390 P.O. Box F Fishers Island, NY 06390 Drawer E Fishers Island, NY 06390 STATE OF CONNECTICUT COUNTY OF NEW LONDON DOCKO, INC. , residing at 14 HOLMES STREET, MYSTIC, CT , being duly sworn, deposes and says that on the day of , 20__, deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address 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 MYSTIC, CT , that said Notices were mailed to each of said persons by (certified)(registered) m~~~O_._.~ Sworn to before me this /'7/4 Day of ~T/~U~V , 20 O~ 6 m $0.63 m [:3 IEndor~emenl Required) O7 $1,~5 Here $0.00 $~.~ 01/17/200'/ CZ] (Enciorseme~ ~J,,'~:l) O355 Postmark Here 01/17/2007 of Trustees Apt County of Suffolk State of New York JA/~ES BAKER BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE / SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, THE APPLICANT HEREBY AUTHORIZES THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVE(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS [~ DAY OF ~¢ , 200~ Notary Public CHRISTINE E. CUHSNICK NOTARY PUBLIC - CONNECTICUT MY COMM. EXPIRES 2/28/20]0 7 Board of Trustees Application AUTHORIZATION (where the applicant is not the I, JAMES BAKER residing at 52 ARMAND ROAD (print owner of property) RIDGEFIELD, CT 06877 owner) (mailing address) do hereby authorize DOCKO, INC., (Agent) MYSTIC, CT to apply for permit(s) Southold Board of Town Trustees on my behalf. (Owner's signature) from the 8 PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT I SPONSOR JAMES BAKER 3 PROJECT LOCATION: FISHERS ISLAND, TOWN OF SOUTHOLD Municipality 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNMSTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME NEW FIXED PIER & FLOAT SUFFOLK County 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or provide mad PROPERTY OFF OF PENINSULA ROAD 5.1S PROPOSED ACTION: [] New r-~Expansion r--~Modification/alteration SEQR 6. DESCRIBE PROJECT BRIEFLY: CONSTRUCT 62 (+/-) LF OF 4-FOOT WIDE FIXED WOOD PILE AND TIMBER PIER AND INSTALL AN 8' X 20' FLOAT WITH ASSOCIATED RAMP AND RESTRAINT PILINGS AND SEVEN TiE-OFF PILINGS ALL WATERWARD OF THE APPARENT HIGH WATER LINE. 7~ AMOUNT OF LAND AFFECTED: Initially 0.1 acres Ultimately 0.1 ac~es 8. W}LL PROPOSED ACTION COMPLY W~TH EXISTING ZONING OR OTHER RESTRICTIONS? ~'~Yes [] No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ]Yes [-~No If yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r-]Yes []No If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? [~Yes r--]No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant I Sponsor Name JAMES BAKER Date: If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANy TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 [] Yes [] No If yes, coordinate the review process and use the FULL EAF. B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS N 6 NYCRR, PART 617.S? if No, a negative declaration may be superseded by another involved agency. ['--']Yes r~No C. COULD ACTION RESULT IN ANYADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or gn~ndwater quality or quantity, noise levels, existing traffic pattern, solid waste preductino or disposal, potential for erosion, drainage or flooding problems? Explain briefly: I C2. Aesthetic, agricultural, archaeological, historic, or other natural or culturel resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wtidlife spedes, significant habitats, or threatened or endangered species? Explain briefly: I C4. A community's existing plans or goals as officially adopted, or a change in use or inter~ity of use of land or other natural resources? Explain briefly: I C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly: I C6. Long ten"n, short term, cumulative, or other effects not identified th CI-C57 Explain briefly: I C7. iher impacts (indudin~l chanc, les in use of either ({uan i~ or t~F~e of ene~),'~ Explain bhefl),: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEAt? (If yes, explain briefS: r--] Yes r~lNo I E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY [~Yes r~No RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: PART III - DE ~ t=~MINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: Foreach adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (al setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (el geographic scope; and (fl magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of pad ii was checked yes, the dete rmination of signiflcance must evaluate the potential impact of the proposed action on the envimnments l charectedstics of the CEA Check this box if you have identified one or more potentially large or significant adverse impacts which MAy occur. Then proceed directly to the FULl EAF and/or prepare a positive dedaration. Check Ihis box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actior WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necossery, the reasons supporting thi= determination. Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (If different from responsible officer) 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an ordedy manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environreent or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifTing the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering beth the magnitude and importance of each impact, it is reasonably determined by the lead agency that: The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions JAMES BAKER - NEW FIXED PIER 8: FLOAT Name of Action Name of Lead Agency Print or Typo Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer website Date Page 1 of 21 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action NEW FIXED PIER & FLOAT Location of Action (include Street Address, Munidpality and County) PRIVATE ROAD OFF PENINSULA ROAD Name of Applicant/Sponsor JAMES BAKER Address 52 ARMEND ROAD C~ / PO RIDGEFIELD State CT Zip Code 06877 Business Telephone (203) 948-5072 Name of Owner (if different) Address City / PO Business Telephone State Zip Code Description of Action: CONSTRUCT 62 (+/-) LF OF 4-FOOT WIDE FIXED WOOD PILE AND TIMBER PIER AND INSTALL AN 8' X 20' FLOAT WITH :ASSOCIATED RAMP AND RESTRAINT P1LINGS AND SEVEN TIE-OFF PILINGS ALL WATERWARD OF THE APPARENT HIGH WATER L1NE. Page 2 of 21 Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: ~ Urban [] Industrial [] Commercial N Forest r-'] Agriculture r--] other r~ Residential (suburban) ]Rural (non-farm) 2. Total acreage of project area: 0.! acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Wate~ Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) PRESENTLY acres 3 + acres acres !/2 acres acres 1/10 acme 1/10 acres 3.6 acres AFTER COMPLETION acres 3 + acres __ acres 1/2 acres acres l/lO acms 1/10 acres 3.6 acres 3. What is predominant soil type(s) on proJect site? a. Soil drainage: r~well drained 100 % of site r~ Poorly drained __% of site D Mederately well drained % of site. b. If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NYS Land Classification System? acres (son I NYCRR 370). outcroppings on project site7 r~ Yes [] No 4. Are there bedrock a. What is depth to bedrock (in font) 5. Approximate percentage of proposed project site with slopes: r~o.lo% 15% NlO. 15% 25% r~ 15% or greater 60 % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? [--~ Yes [] No Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? r~ Yes ~']No What is the depth of the water table? 0 (in feet) Is site located over a primary, principal, or sole source aquifer?. ~-'~Yes Do hunting, fishing or shell fishing opportunities presently exist in the project area? ]No r~Yes ~'~No Page 3 of 21 1 1. Does project site contain any species of plant or animal life that is identified as threatened or endangered? iccordin~J to: J~JYes [] No iOentif~, each species: 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? r-JYes []No Describe: 13. Is the ~oject site presently used by the community or neighborhood as an open space or recreation area? J~J Yes []No if )'es, explain: 14. Does the present site include scenic views known to be important to the community?. I r'"iYes r~No 15. Streams within or contiguous to project area: JNONE a. Name of Stream and name of River to which it is tributary ITHE SITE ' IS LOCATED ON DARBIE S COVE AT THE SOUTHEAST CORNER OF WEST HARBOR. 16. Lakes, ponds, wetland areas within or conti~luous to project area: FRINGE MARSH OF SPARTINA ALONG THE SHORELINE, MAINLY NORTH OF THE PROPOSED DOCK SITE. b. Size (in acres): LESS THAN ONE ACRE IN TOTAL. Page 4 of 21 17, Is the site served by existing public utilities? [] Yes [] No a. If YES, does sufficient capacity exist to allow connection? [] Yes b. If YES, will improvements be necessary to allow connection? NNo DYes r'"~No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ~--'~Yes ~'~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 J~¥es [-]No 20. Has the site ever been used for the disposal of solid or hazardous wastes? [~]Yes B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by proJect sponsor: 3.6 acres. b. ProJect acreage to be developed: acres initially; acres ultimately. c. ProJect acreage to remain undeveloped: 3 + acres. d. Length of project, in miles: 1 ] 0 FT. (if appropriate) e. If the proJect is an expansion, indicate percent of expansion proposed. f. Number of off-street parking spaces existing 0; proposed 0 g. Maximum vehicular trips generated per hour: N/A (upon completion of proJect)? h. If residential: Number and type of housing units: One Family Two Family Initially 0 Ultimately i. Dimensions (in feet) of largest proposed structure: 12 height: j. Linear feet of frontage along a public thoroughfare project will occupy is? 2. How much natural matedal (i.e. rock, earth, etc.) will be removed from the site? 3. V~,II disturbed areas be reclaimed r-]Yes •No [~IN/A a. If yes. for what intended purpose is the site being reclaimed? Multiple Family ~'JNo width: N/AA. NONE tons/cubic yards. Condominium 110 length. b. Will topsoil be stockpiled for reclamation? r~Yes [] No c. Will upper subsoil be stockpiled for reclamation? N Yes [] No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres, Page 5 of 21 5. Will any mature forest (over 1OO years old) or other locally-important vegetation be removed by this project? NYes ~']No 6. If single phase project: Anticipated period of construction: 3 months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated __ (number) b. Anticipated date of commencement phase 1: ~ month __ year, (including demolition) c. Approximate completion date of final phase: __ month ~ year. d. Is phase 1 functionally dependent on subsequent phases? [~ Yes [~ No 8. Will blasting occur during construction? r-'l Yes [~ No 9. Number ofjobs generated: during construction 3; after project is complete 0 10. Number of jobs eliminated by this project 0 1 1. Will project require relocation of any projects or facilities? ~ Yes [] No If yes, explain: I 12. Is surface liquid waste disposal involved? I I Yes I"]No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of wator body into which effluent will be discharged 1 3. Is subsurface liquid waste disposal involved? ['-'] Yes r~ No Type 14. Will surface area of an existing water body increase or decrease by proposal? r'-I Yes [] No If yes, explain: 15. Is project or any portion of project located in a 1 O0 year flood plain? [] Yes 16. Will the project generate solid waste? [] Yes [] No r--~No a. If yes, what is the amount per month? __ tons b. If yes, will an existing solid waste facility be used? r-~ Yes [] No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? [] Yes ]No Page 6 of 21 e. If' yes, explain: 1 7. Will the project involve the disposal of solid waste? ~Yes ~']No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? ~ years. 18. Will project use herbicides or pesticides? r~Yes ~'~ No 19. Will project routinely produce odors (more than one hour per day)? r~ Yes [] No 20. Will project produce operating noise exceeding the local ambient noise levels? []Yes Lr"~No 21, WiLl project result in an increase in energy use? [] Yes [] No If yes, iedicate type(s) 22. If water supply is from wells, indicate pumping capacity __ gallons/minute. 23. Total anticipated water usa§e per day ~ gallons/day. 24. Does project involve Local, State or Federal funding? ~'~ Yes ~'~ No If: yes, explain: Page 7 of 21 25. Approvals Required: Type Submittal Date Town of Southold Dec. 2006 City, Town, Village Board J~J Yes J~J No City, Town, Village Planning Board NYes [] No City, Town Zoning Board ]Yes r-"] No City, County Health Department r'"l Yes [] No Other Local Agencies ]Yes [] No Other Regional Agencies ~lYes [] No State Agencies I~lYes [] No New York State DEC US Army Corps of Engineers Dec. 2006 D~c. 2006 Federal Agencies [] Yes I-'1 No C. Zoning and Planning Information 1, Does proposed action involve a planning or zoning decision? E]Yes ~'] No If Yes, indicate decision required: n'l Zoning amendment J-'-J Site plan r-1 zoning variance r-1 special use permit g] New/revision of master plan F"] Resource management plan ]Subdivision J~J Other Page 8 of 21 What is the zoning classification(s) of the site? IRESIDENTIAL What is the maximum potential development of the site if developed as permitted by the present zoning? RESIDENTIAL What is the proposed zoning of: the site? IRESIDENTIAL - THERE IS NO KNOWN PLAN TO CHANGE ZONING FROM RESIDENTIAL 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? SINGLE FAMILY, RESIDENTIAL 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? I r~Yes r'~No 7. What are the predominant land use(s) and zoning classifications within a Y4 mile radius of proposed action? RESIDENTIAL 8. Is the proposed action compatible with adjoining/surrounding land uses with a ~,'~ mile? 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? r~l Yes ~ No Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes r~ No 1 1. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? OYes a. If yes, is existing capacity sufficient to handle projected demand? I'~ Yes [] No 12. Will the proposed action result in the generation of traffic significantly above present levels? a. If yes, is the existing road network adequate to handle the additional [raffic. NYes N Yes [] No r- No D. Informational Details Attach any additional information as may be nc~led to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verfr~cation I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name JAMES BAKER Date Signature Title OWNER & APPLICANT If the actio~ is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this Page 10 of 21 JAMES BAKER DARBIE'S COVE, FISHERS ISLAND NARRATIVE STATEMENT & SUPPLEMENTAL INFORMATION NOVEMBER 27, 2006 GENERAL Mr. James Baker owns parcel 1000-10-05-09 off Peninsula Road located off the east shore of Darbie's Cove on Fishers Island. The site is generally moderately sloped, sandy gravel earthen materials, vegetated with grass, brush, ground cover and trees. The frontage of the property is approximately 300 feet along Darbie's Cove at the southerly end, abutted by the Flower family to the north and Mr. & Mrs. Richard Baker, the applicant's parents to the south. The waterfront consists of a rock covered beach with tidal wetlands vegetation at the base of the steeply sloped coastal bluff in the vicinity of the pier. There is a large fallen tree along the shore; the tree will be removed as part of this project. The new pier is proposed along the north edge of the fallen tree. It is the Baker's desire to build a fixed pier and install a new hinged ramp to a floating dock system. The dock end of this new pier will go from an end elevation of 5 feet above mean low water (MLW), sloping upward and crossing over the intertidal zone at a typical height of four feet above the bottom sediments until reaching a finished elevation of about 8 feet and then a level landing to shore at that elevation. Attached are application drawings prepared for this project. 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 As mentioned in the introductory paragraph, this project is to construct a fixed wood pile and timber pier from the shore out into Darbie's Cove in accordance with existing guidelines set forth in the Town of Southold ordinance No. 6, 2004. It is envisioned that this structure will be built utilizing the following general sequence and methodology. The marine contractor will atxive by water with barge-mounted crane and push boats. The fallen tree will be cut up and materials will be deposited on shore landward of the apparent high water line or in a barge-based dumpster for removal from the site and the island. New piles will be driven starting at the new shore landing end of the pier and proceeding waterward at roughly 10-foot intervals to the waterward end of the pier approximately 62 feet from the apparent high water line. These piles will be driven by double-acting air hammer to a bearing resistance of approximately 20 tons. This generally results in about ten feet of embedment of the pile in the beating stratum. These piles will be 12-inch nominal diameter measured at three feet from the butt. 1 pair of pressure treated Southern Pine timbers ranging from 3 x 10 to 4 x 12 nominal dimension, will be bolted to the piles transversely forming a pile bent. Stringers will be then laid on the split caps parallel to the length of the pier. In all likelihood, three runs of stringers will be set and will probably consist of 3 x 10 pressure-treated Southern Pine. The outer stringer on each side will be bolted or spiked to the pile to take care of any uplift forces that this pier might be exposed to. After the stringers have been connected to the piles and split caps, the decking will be installed. In accordance with Town of Southold's Ordinance No. 6, 2004, this decking will not be CCA pressure-treated Southern Pine but rather oak, cedar hardwood or plastic / composite such as Timber Tech or similar synthetic material with the brushed side mounted up. If Timber Tech, it will be either gray, brown or natural in color. Decking will be attached to the stringers utilizing galvanized nails or stainless steel flathead square-drive wood screws about 3 inches long and will be set with a ¼" gap between deck planks. The over-water decking will run level at an elevation of five feet above MLW or to clear four feet above the existing bottom sediments with a slope upward at approximately 1 foot vertically per 10 feet horizontally maximum, or less, paralleling as closely as possible the slope of the existing intertidal zone until reaching the finished elevation beyond (landward) of tidal wetlands vegtetation. At this point the decking will level off as a landing and run straight to the shore. See Sheet 4 of the application drawings for the pier profile. The piles will be about four feet above the deck surface and have horizontal rail members mounted to them. A rail of cedar, oak, hardwood or Timber Tech material will be installed for safety. A new hinged ramp will be installed at the dockside end of the pier so as to land on the float. This will be a wood ramp, made of pressure-treated framing and posts with non- CCA wood or Timber Tech decking. If necessary, the ramp could be built of aluminum but that is not the Baker's preference. Water and electricity will be run out on the pier in the space between the stringers so that trickle chargers and / or bilge pumps on the boats may be powered during tie-ups. The water will allow boats to be rinsed off after usage. A power post with an internal light will be mounted to the end of the fixed pier with receptacles to provide power to the boats from extension cords. The power post will also have coiling arms for storage of the electric service cord and hose between uses. Because the dock may be used during the hours of darkness, low-intensity lights will be mounted on staggered piles or dock rail posts to illuminate the deck and the walking surface up the bank. This system will be manually or radio controlled with a shut-off timer so that the lights will only be on when necessary for safety of the users. LOCAL WATERFRONT REVITALIZATION POLICIES The Town of Southold, LWRP policies that are applicable to the Baker dock proposal are a local refinement of the Long Island Sound Regional Coastal Management Program policies that apply throughout Long Island Sound. The Baker site is in Darbie's Cove on the north shore of Fishers Island and is characterized by Developed Shorefront on the west shore and south shore and currently undeveloped coast or natural coast on the east shore at the Baker site and the parcel north. The developed coast policies are applicable as follows: 2 A Ott Policy 1 is to roster a pa em of development that enhances ~6mmunity 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 proposed dock facility for the Baker's is consistent with waterfront development on Fishers Island and in coastal areas. The pier is made of timbers and utilizes the materials allowable under Local Law #6 and consistent with other adjacent dock facilities and characteristics for the visual and scenic considerations in the cove. The encroachment has been minimized to the maximum possible extent to be consistent with DEC policies and the structure is as low profile as possible consistent with the safe and efficient use of the waters and consistent with the tidal range of this site. Lighting will be minimal for operational safety and otherwise off, and lights will be utilized only when necessary for boating purposes so that during hours of darkness there will be no adverse impact 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 proposed structure for the Baker recreational boating facility has been laid out and configured so as to be consistent with the DEC permit requirements for such structures. As such, it provides adequate height to clear environmental resources of concern and the materials to be utilized are consistent with Town of Southold's Local Law #6 regarding environmental quality and the use of pressure-treated Southern Yellow Pine timber components in particular. There will be no adverse impacts on air quality as a result of this structure and between the removal of the fallen tree and the construction of the dock the overall environmental considerations in Darbie's Cove should be improved. 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 creates a recreational boating facility for the Baker's property 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, 3 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 citing of water-dependent uses in appropriate areas is applicable and the proposed project has been laid out to make the most beneficial use of the land and locating the dock facility in the most appropriate point of the land where access down the bank will not require excessive structural facilities and can probably be accommodated with path work rather than formal stairs and so on. This project has been laid out with specific reference and review of the Waterfront Revitalization Program policies and is considered to be consistent. In summary, the dock is typical of recreational boating facilities throughout the area and all along coastal New England. The structure has 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 from this site. This project does not interfere with public access or use of public trust waters and lands of the State, it does not interfere with navigation, it will not create soil or sedimentation erosion problems, it does not adversely environmental resources and in the area where the facility must span the intertidal zone at the shore line, the facility has been located in the area of a fallen tree where environmental resoumes have already been diminished so as not to worsen any of these conditions. The height of the structure has been specifically addressed so as to allow m-vegetation of the shoreline by tidal wetlands plants if other conditions are conducive to such growth. The dock facility has also been located reaching out to the deepest water in Darbie's Cove so that dredging will not be an issue in the future and thus further minimi2ing adverse environmental impacts. More than 95% of the Baker's shoreline in Darbie's Cove will remain in a natural state as a result of these considerations for design. There is no loss of valuable marine and wetland habitat and no water quality degradation as a result of this project. Reference is made to the NYS DEC study from 2000 indicating the suitability of pressure-treated Southern Yellow Pine piles and super-structure components for this type of purpose. In accordance with Local Law #6, decking for both the float and the pier and the ramp treads will be of woods other than Southern Yellow Pine. No natural protective features or processes will be adversely impacted as a result of the proposed docking facility. This project is consistent with zoning policies and ordinances for the Town. The dock facility will be an accessory to the home proposed for this site. There will be no development of the upland related to this dock facility that will create point sources of pollution or drainage. This project is considered to be providing recreational opportunity compatible with the natural resource values and characteristics of the site. The floating dock is the minimal size for stability considerations especially acknowledging that waves from the north can come into Darbie's Cove and the floating dock is broadside to those waves. The float is suitably sized and adequate stable for a ramp landing and the ramp has been made no longer than absolutely necessary in order to minimize the pier structure. 4 REQUIREMENTS OF SECTION 97-25 OF THE WETLANDS LAW 6~ 2004 The permittee acknowledges that the validity of this permit is subject to the approval of other governmental or municipal authorities. The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injures to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers. The permittee gives consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit. The permittee will notify the Trustees in writing one week prior to initiation of any and all operations. The permittee will notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance for a certificate of compliance. In response to Sub-section 2a and the General Rules for Standards of Residential and Commercial Docks, the following additional information is offered. Permits for the work are being applied for through the Town, US ACOE, NYS DEC and a coastal zone consistency determination by the NYS DOS. The new piles to be installed will be of sturdy, durable and stable materials; in all likelihood, Greenhart or CCA pressure-treated Southern Yellow Pine (SYP) piles with new split caps and braces of the same SYP materials. These members will be a minimum of 3 x 8's and more often, 3 x 10's with at least one 3A" bolt per connection, and in many cases, two %" bolts per connection. This pier is a fixed, pile-supported timber structure with a float and therefore will not adversely affect the free circulation of water or reduce the effects of fluctuating water levels in Darbie's Cove. In addition, the pier does not present any adverse modification of the shoreline. The pier's elevation is such that in extreme high flood tides the structure will be inundated. The structure's SYP timber materials are specifically grown for this purpose and are capable of withstanding full immersion and represent the standard of the industry. With the connections described above, this structure will be able to survive repeated inundations and even direct waves at high tide elevations with a structural life of 10 to 20 years. The pier support will include driving new piles at 1 O-foot intervals to the maximum extent possible in order to obtain the desired pier alignment and 5 o o support The use of CCA pressure-treated timbers can be approved for this project in accordance with Local Law 6. The pier and float will not be decked with CCA pressure-treated Southern Pine. This pier / walkway provides a safe pedestrian surface for access to the berthed boat. Rails may be installed on the pier for safety. The pier is almost centered on the property. The 15-foot clearance specified in this paragraph should not be an issue because the proposed pier does not represent a significant encroachment into the pier and boating operation area of Mr.& Mrs. Richard Baker to the south or Mr. & Mrs. Elbert Burr to the west nor does it project into the navigation way for other boaters in the cove. The property line extension on the north side of the Baker's land diverges away from the logical line of littoral development rights which is drawn based on the centerline of Darbie's Cove. The float width of 8 feet is considered necessary and appropriate for boating safety because of the broadside exposure to waves from the north and inherent float stability. Upon receipt of the permit for this project, appropriate permit numbers and a Town permit placard will be affixed to the most seaward face of the pier for identification from the water. There are no permanent structures located above the pier decking nor are any planned at this time other than the power post and railing which are fixed by function. It is currently possible to provide a five-foot passage way on the upland to get around this pier and that access ability will be retained landward of the fringe marsh. There is room to walk under the pier at low tide, however, foot traffic in this area is rare, if at all. 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 construct a fully functional water dependent use, a recreational boating dock facility at this site in support of recreational boating. Policy 5 -Use of Existing Developed Shorefront- There is no developed shoreline on this site. This project utilizes existing shomfront which has been altered by a fallen tree which has diminished resources such as growth of tidal wetlands vegetation. The project will be to build a pier and extend it to a logical shoreward terminus to make it 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 dock to the 6 shoreward point of beginnl~ will be over vegetated shoreline fringe-"Tour feet above the rocky intertidal sediments and should not jeopardize the integrity of existing spartina fringe outcrops. Typically there is a slight environmental benefit to the project because of the creation of structure in the water column where barnacles, algae and crustaceans will inhabit. 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. Removal of the fallen tree will allow for restoration of vegetation along the shore and thus improve habitat. Policy 11 - Minimize Damage to Natural Resources - The dock construction project has been laid out in such a way so as to minimize damage to natural resources as identified in Policy 7 above. The dock facility has been sited in the area where the fallen tree has already impacted shoreline vegetation. Removal of the tree will therefore benefit the tidal wetlands vegetation and the pier, by comparison, will have rather minimal adveme impacts. Policy 14 - No Measurable Increase in Flooding - This project consists of construction of an open wood pile and timber pier which in no way adversely affects waterflow and circulation in Darbie's Cove or flooding potential of the area. Flood levels all around Fishers Island are dictated by water levels in Long Island Sound, Fishers Island Sound and Block Island Sound and this structure will have no adverse influence on those levels. Policy 15 - No Dredging - Dredging is not required in this project. The floating dock system has been laid out in its current location and configuration to avoid any dredging requirements. The depth of 4 feet as generally recommended by the NYS DEC has been reached. The waters are protected enough that boats can be berthed bow to shore leaving the motor out in the deeper water. The float and the bow of the boat will not ground out at low tide. Policy 19 - Impact on Public Access - Public access will not be jeopardized or impeded as a result of this project. As a matter of fact, there is almost no public access usage of the public trust lands or waters at this site. The intertidal zone is significantly covered by boulders and tidal wetlands fringe marsh vegetation and the shallow sub-tidal waters do not present any opportunity or enticement for public access in the area. The pier and float occupy the landward 25% of the waterway 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 similar to this one and this docking facility will not interfere with existing or the likely configuration of future facilities on inunediately adjoining properties or the logical allocation of littoral development rights. Policy 21 - Water Dependent Recreation - This project is consistent with water-dependent recreational opportunities policies set forth in this section. Policy 24 -Scenic Resources, Impairment or Loss - This policy is designed to prevent impairment or loss of scenic resources. The construction of the fixed wood pile and timber pier will not represent a new encroachment or structure which would create a loss of scenic 7 resources. The elevated in[oard landing section of the pier will belargely over-shadowed by the tree growth, the spartina fringe marsh on the site on the concave shorelands. Policy 25 - Enhance Overall Scenic Quality - The new dock structure will be consistent with the scenic quality of the area and prevent loss of scenic resources as described in Policy 24 above. Policy 44 - Preserve and Protect Tidal Wetlands - It is acknowledged that the fragmented fringe marsh of spartina altema flora along the shorefront is a valuable resource. The construction of the fixed wood pile and timber pier has taken advantage of the existing un- vegetated strip of the shoreline caused by the fallen tree in order to avoid adverse wetlands impact. The raised height of the pier should allow opportunities for the growth of the spartina fringe marsh naturally up to, and to an extent, beneath the wood pier once the fallen tree is removed. SUMMARY This project proposes a new fixed pier and float for recreational boating access of property of the James Baker family on Fishers Island. A copy of all US Army Corps of Engineers, NYS DEC and Town of Southold applications are attached as substantiation for this project. This project complies with applicable standards of the New York State Coastal Management Act, NYS / DEC Tidal Wetland Regulations and criteria for approval, the Town of Southold Waterfront Revitalization Program and Local Ordinance No. 6, 2004 and its approval is respectfully requested. Respectfully submitted, DOCKO, INC. Keith B. Neilson, P.E. 8 Towh of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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 perrnits not located within the Coastal Erosion Hazard Area. 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). 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~ listine both suooorting and non-suooortim, 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 SCTM# 1000- 10-05-09 PROJECT NAME: New Fixed Pier & Float (James Baker) 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: Construct 62 (+/-) LF of 4-foot wide fixed wood pile and timber pier, an 8' x 20' float with associated ramp and restraint pilings, install seven tie-offpillnEs all waterward of the apparent high water line. Location of action: Site acreage: Present Land use: Property offPeninsula Road in Darbie's Cove. Parcel = 4.1 Residential Present Zoning Classification: Residential 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: James Baker b) Mailing Address: 52 Armand Road, Ridgefield, CT 06877 c) Telephone number: Area Code (203) 948-5072 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 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. SEE ATTACHED NARRATIVE 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 dock facility construction project makes appropriate use of an existing waterfront access dock site and complies with environmental design factors published by the NYS DEC, and the DOS Coastal Management Program, Southold Local Law No. 6, 2004 and the Southold LWRP. The pier will be raised to a 4-foot dock clearance over the bottom sediments until passing the landward limit of the adjacent spartina fringe marsh, then ramp to shore. Piles and rails will be four feet above the deck. There will be no impairment of waterflow or navigation. 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 2 ,Policy 3. Enhance visual qualit~d protect scenic resources through~l~ the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No X Not Applicable The proposed structure is a fixed wood pile and timber pier and floating dock facility with tie-off piles. The only visual access affected by this project is across Darbie's Cove but the visual impact will not be significant because of the wooded bank and vegetated background. The dock facility is a typical recreational boating facility and typical of other such facilities along the shoreline and on adjacent or nearby properties. 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 The pier and float system is located in Darbie's Cove and is acknowledged to be in a ftood-prone area; there is some wave exposure at this site even storms or fronts generate northerly winds.. The pier will be designed to accommodate complete submersion and resist hydrostatic uplift pressures due to flooding. The float width of 8 feet is considered necessary and appropriate for this site, wave exposure and the inherent stability of floating docks. 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 proiect will not have any affect on suitability 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 3 This project is consistent with this policy because it maintains the elevation of the pier landing to an acceptable height above the bottom sediments through which adjacent tidal wetlands may spread (although they exist sporadically at the dock site currently). In addition, 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. The design parameters shown on the drawings provides an optimum balance between acceptable design and access standards and restore opportunities for the wetlands vegetation to spread. The pier encourages habitat enhancement by providing some limited structure through the intertidal zone. 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 proiect. No emissions will be generated by the dock facility. Policy 8. Minimize environmental degradation in Town of Southoid 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 harmful affects. 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 IIl- Policies; Pages 38 through 46 for evaluation criteria. Yes __ No X Not Applicable This project is being built on private land. The public trust lands and waters constitutes the area between the mean high water line and mean low water line and the resources are from the high tide line, out. These environmental resources are being protected by the design standards dictated by the NYS DEC. There is virtually no public use of the waterfront in this area and the construction of the pier to a landing above the apparent high water line is not likely to influence or change this fact. 4 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 project is to build a wood pile and timber pier and install a new ramp onto a floating dock for water-dependent, recreational and transportation boating. This usage is defined as water-dependent in the LWRP because the pier and float for recreational boating and will provide occasional boat transportation access to the mainland. The pier has been sited along the northerly edge of the area covered by a fallen tree which has shielded the bank and bottom sediments for a couple of years. Thus the pier site will minimize habitat impact. The pier elevation should provide an opportunity for tidal wetlands vegetation to re-establish itself even up to and beneath the pier. 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. Yes __ No X Not Applicable This pier is not used for commemial 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 This pier is 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 This pier is not used for or in support of any energy or mineral mining or processing operations. PREPARED BY: Keith B. Neilson, P.E. TITLE_Agent__ DATE November 20, 2006 5 Oocko, Inc. RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, e-mail: docko@snet.net December 18, 2006 · Jim King, President Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 Re: James Baker, Fishers Island New Fixed Pier & Float Darbie's Cove, Fishers Island Dear Mr. King: On behalf of Mr. James Baker, we enclose herewith the following in support of his permit application for a new fixed pier and float in Darbie's Cove on Fishers Island. Two prints each of plans titled: Project: Waterway: Location: Applicant: Date: "New Fixed Pier & Float" Darbie's Cove Fishers Island, Town of Southold Suffolk County, New York James Baker November 6, 2006 Two copies of the Southold Board of Trustees permit application, SEQR-Part 1, LWRP Consistency Assessment Form, Tax Assessor's Map, site photographs and location map and topographic and boundary survey of the site as well as a copy of the deed.. Check in the amount of $250.00 payable to the Town of Southold. One copy of each of the other applications to regulatory agencies. I trust that you will find this application package complete and acceptable; please let me know if the need for further information arises. Very truly yours, Keith B. Neilson, P.E. KBN:jm Enclosures CC: James Baker US ACOE NYS DEC: Environme~l,! Permits NYS DOS File: 06-05-1813 ~ Docko, Inc, RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, e-mail: docko@snet.net November 30, 2006 Mr. Jim King, President Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 Re: Draft Application James Baker, Peninsula Road Dear Mr. King: Attached is a copy of the draft final application documents for a new fixed pier and float'mg dock for Mr. James Baker adjacent to his parent's property (Mr.& Mrs. Richard Baker) just north of Peninsula Road off Darbie's Creek on Fishers Island. We have not yet subn~/tted these applications but I understand and you and Mr. Chuck Hamilton of the NYS DEC will be conducting a tour of various projects on the island on Wednesday, December 13'. I respectfully request that you take a look at this project during your rounds, if at all possible just in case Mr. Hamilton can't get back out to Fishers Island in the immediate future. We plan to ~bmit the application later in December for a hearing in January. Whil~jomage out at Fishers Island I hope that you will have a chance to look at Linda Borden's application and keep in mind that she has requested a skewed stairway, skewed to the west because of concerns expressed by the Chapoton's, her neighbor to the east. We also have applications for Peter Baccile pending with the DEC and review of that site would help move that project along as well. In regards to these two applications, both permits were issued by the Town in February. Is there an expiration date that we are working against or is the permit valid for a number of years? I look forward to heari~ng from you. Please let me know if you'd like me to be present for any part of your visit on the 13 . I would have to leave Fishers Island on the noon boat in oxder to get back to the mainland in time to take the Cross Sound Ferry to Orient Point for the meeting that night on Susanna Doyle. Incidently, the Doyle's public notice posting was set today at their property and photos were e-mailed to Lauren Standish of your office. Yours truly, DOCKO, 1NC, Keith B. Neilson, P.E. KBN.'jm CC: File: 06-05-1813 BAKER Albert J. Kmpski, President James King, Vice President Henry Smith Attic Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Received Application: Received Fee: Completed Application Incomplete SEQRA Classification: Type I X Type II Coordination: (date sent) CAC Referral Sent: Date of Inspection: Receipt of CAC Report: Lead Agency Determination: Technical Review: Public Hearing Held: Resolution: Unlisted X Name of Applicant JAMES BAKER Address 52 ARMEND ROAD, RIDGEFIELD, CT 06877 Phone Number: (203) 948-5072 Suffolk County Tax Map Number: 1000 -10 05-09 Property Location: PROPERTY OFF OF PENINSULA ROAD. (provide LILCO Pole #, distance to cross streets, and location) AGENT: DOCKO, INC. (If applicable) Address: P. O. BOX 421, MYSTIC, CT 06355 Phone: (860) 572-8939 Fax: (860) 572-7569 Board of Trustees Applic~ion Land Area (in Area Zoning: GENERAL DATA SF):Parcel= 4.1 ACRES RESIDENTIAL Previous use of property: PRIVATE - RESIDENTIAL Intended use of property: PRIVATE - RESIDENTIAL Prior permits / approvals for site improvements: Agency Date X__ No prior permits / approvals for site improvements. Has any permit / approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): CONSTRUCT 62 (+/-) LF OF 4-FOOT WIDE FIXED WOOD PILE AND TIMBER PIER AND, AN 8' X 20' FLOAT WITH ASSOCIATED RAMP AND RESTRAINT PILINGS AND INSTALL SEVEN TIE OFF PILINGS ALL WATERWARD OF THE APPARENT HIGH WATER LINE. 2 Board of Trustees Applicgion WETLAND / TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: THIS IS A PRIVATE DOCK FOR RECREATIONAL BOATING. Area of wetlands Percent coverage Closest distance edge of wetlands: on lot: LESS THAN ~ ACRE of lot: LESS THAN 10% between nearest existing NO STRUCTURES - N/A structure and upland Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling: X No Yes If yes, how much material will be excavated? How much material will be filled? Depth of which material will be removed or DEEP 1 cubic yards cubic yards deposited: 1 FOOT Proposed slope throughout the area of operations: REMAINS UNCHANGED Manner in which material will be removed or deposited: THE MARINE CONTRACTOR WHO BUILDS THE PIER WILL REMOVE THE FALLEN TREE FROM THE SITE BY BARGE OR STACK LIMBS AND PIECES LANDWARD OF THE APPARENT HIGH WATER LINE. EARTH WILL BE REMOVED ONLY WHERE THE PIER LANDING IS CUT INTO THE BLUFF ABOVE THE SHORE LINE. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): NO ADVERSE IMPACT IS ANTICIPATED ON THE WETLANDS BECAUSE ALL OF THE IMPROVEMENTS ARE IN AREAS CURRENTLY ALMOST COMPLETELY SHADED BY THE FALLEN TREE HINDERING THE GROWTH OF EXISTING TIDAL VEGETATION. THE PIER WILL BE ELEVATED TO PASS OVER THE SOILS AND SEDIMENTS WHERE TIDAL WETLANDS VEGETATION GROWS OR COULD GROW. Board of Trustees Applicgion COASTAL EROSION APPLICATION DATA Purposes of proposed activity: THIS SECTION N0T APPLICABLE THERE IS NO COASTAL EROSION THREAT AT THIS SITE. Are wetlands present within 75 No Yes Does the project involve excavation or filling? No Yes If Yes, now much material will be excavated? How much material will be filled? Manner in which material will feet of the proposed activity? (cubic yards) (cubic yards) be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) 4 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: J~MES BAKER SCTM# 1000-010-05-09 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct 62 (+/-) LF of 4-foot wide wood pile and timber pier and install an 8' x 20' float with associated ramp and restraint pilings and seven tie-off pilings all waterward of the apparent high water line. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Property off of Peninsula Road 3. That the property which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment. You may contact the Trustees Office at 765- 1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NA~4E: JAMES BAKER MAILING ADDRESS: 52 ARMEND ROAD, RIDGEFIELD,CT 06877 PHONE (203) 948-5072 Enc.: Copy of sketch or plan showing proposal for your convenience. 5 PROOF OF MAILING OF ATTACH CERTIFIED MAIL RECEIPTS Name: Richard & Patricia Baker Address: P. O. Box 395 Fishers Island, NY 06390 Walter C. Flower, III Flower & Company Elbert M. Burr, Jr. Fishers Island Club, Inc. Fishers Island Development Co. 408 Magazine Street New Orleans, LA 70130 P.O. Box 34, Peninsula Rd. Fishers Island, NY 06390 P.O. Box F Fishers Island, NY 06390 Drawer E Fishers Island, NY 06390 STATE OF CONNECTICUT COUNTY OF NEW LONDON DOCKO, INC. , residing at 14 HOLMES STREET, MYSTIC, CT , being duly sworn, deposes and says that on the day of , 20 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address 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 MYSTIC, CT , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this Day of , 2O Notary Public 6 Board of Trustees Ap~ County of Suffolk State of New York JAMES BAKER BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE / SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, THE APPLICANT HEREBY AUTHORIZES THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVE(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS DAY OF · 2O Notary Public 7 Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, JAMES BAKER residing at 52 ARMEND ROAD (print owner of property) RIDGEFIELD, MYSTIC, CT (mailing address) CT 06877 do hereby authorize DOCKO, INC., (Agent) Southold Board of to apply for permit(s) from the Town Trustees on my behalf. (Owner's signature) COASTAL MANAGEMENT PROGRAM I~ai Consistancv Assessment Form An applicant, seeking a permit, licecse, waiver, certification or similar type of approval from a federal agency which is sul~Ject to the New York State Coastal Management Program (CMP, shall complete this assessment form for any proposed activity that wilt occur within and/or directly affect the State's Coastal Area. This form is intended to assist an applicant in certifying that the proposed activity is consistent with New York State's CMP as required by U.S. Department of Commerce regulations (15 CFR 930.57(. It should be cempOleted at the time when the federal application is prepared. The Department of State will use the completed form and accompanying information in its review of the applicant's certification of consistency. A. APPLICANT 1. Name: JAMES BAKER 2. Address: FISHERS ISLAND. NEW YORK 06390 3. Telephone: Area Code (203) 438-0612 B. PROPOSED ACTIVITY Bdef desedption of activity: CONSTRUCT 62 (+/-) LF OF 4-FOOT WIDE FIXED WOOD PILE AND TIMSER PIER AND INSTALL AN 8' X 20' FLOAT WITH ASSOCIATED 3.5' X 24' RAMP AND TIE-OFF PILINGS ALL WATERWARD OF THE APPARENT HIGH WATER LINE. Purpose of activity: THIS IS A PRIVATE DOCK FOR RECREATIONAL BOATING 1. Location of activity: SUFFOLK County FISHERS ISLAND, TOWN OF SOUTHOLD City, Town or Village OFF OF PENINSULA RD. Street or Site DssCaption 2. Type of federal permit / license required: U.S. ACOE, NYS DEC,TOWN OF SOUTHOLD 3. Federal application number, if known: 4. If a state permit / license was issued or is required for the proposed activity, identify the state agency and provide the application or permit number, if known: 5. C. CO,a~TAL ASSESSMENT Check either "YES' or "NO" for each of the following questions. The numbers following each question refer to the policies described in the CMP document (see footnote on page 2) which may be affected by the proposed activity. YES NC) 1. Wdl the proposed activity result in any of the following: a. Large physical change to a site within the coastal area which will require the preparation of an environmental impact statement? (11, 22, 25, 32, 37, 38, 41, 43) .................... b. Physical alteration of more than two acres of land along the shoreline, land under wafer or coastal waters? (2, 11, 12, 20, 28. 35. 44) ........................................ c. Revitalization / redevelopment of a detodorated or underutilized waterfront site? (1) ....... d. Reduction of existing or potential public access to or along coastal waters? (19, 20) e. Adverse effect upon the commercial or recreational use of coastal fish resources? (9,10)... Siting of a facility essential to the exploration, development and production of energy resources in coastal waters or on the Outer Continental Shelf? (29) .................. g. Siting of a facility essential to the generation or transmission of energy? (27) ........ h. Mining, excavation, or dredging activities, or the placement of dredged or till material in coastal waters? (15, 35) ................................................... i. Discharge of toxics, hazardous substances or other pollutants into coasfet waters?(8.15,35) j. Draining of stormwater runoff or sewer overflows into coastal waters? (33) ............. k. Transport. storage, treatment, or disposal of solid wastes or hazardous maferials? (36, 39). I. Adverse effect upon land or water uses within the State's small harbors? (4) ........... X X X X X X X X X X X X X X X X X X 2. Will the proposed activity affect or be located in, on, or adjacent to any of the following: a. State designated freshwater or tidal wetland? (44) ................................. X b. Federally designated flood and / or state designated erosion hazard area? ( 11, 12, 17) .... X c. State designated significant fish and / or wildlife habitat? (7) ......................... X d. State designated significant scenic resource or area? (26) ........................... e. State designated important agricultural lands? (26) ................................ f. Beach, dune or barrier island? (12) ............................................. __ g, Major ports of Albany, Buffalo, Ogdensburg, Oswego or New York? (3) ................ h, Stafe, counby, orlocalpark? (19,20) ........................................... __ i. Historic resource listed on the National or State Register of Histodc Places? (23) .......... -1- ,?3. Will the proposed activity require an~e following: a. Waterfront site? (2, 21, 22) ................................................. X b. Provision of new public services or infrastructure in undeveloped or sparsely populated sections of the coastal area? (5) ............................................. c. Construction or reconstruction of a flood or erosion control structure? (13, 14, 16) ....... d. State water quality permit or certification? (30, 38, 40) ............................ e. State air quality permit or certification? (41, 43) ................................. 4. Will the proposed activity occur within and / or affect an area covered by a State approved Local waterfront revitalization program? (see policies in local program document) ......... O. ADDITIONAL STEPS. X X X X X 1. If all of the questions in Section C are answered ~NO", then the applicant or agency shall cemplete Section E and Sub the documentation required by Section F. 2. If any of the questions in Section are answered "YES", then the applicant or agent is advised to consult the CMP, or where appropriate, the local waterfront revitalization program document. The proposed activity must be analyzed in more detail with respect to the applicable state or local coastal policies. In the space provided below or on a separate page (s), the applicant or agent shall: (a) identify, by their policy numbers, which coastal policies are affected by the activity, (b) briefly assess the effects of the activity upon the policy; and (c) state how the activity is consistent with each policy. Following the completion of this written assessment, the applicant or agency shall complete Section E and submit the documentation required by Section F. E. CERTIFfCATION The applicant or agent must certify that the proposed activity is consistent with the State's CMP or the approved local waterfront revitalization program, as appropriate, if this certification cannot be made, the proposed activity shall not be undertaken. If this certification can be made, complete this Section. 'The proposed activity complies with New York State's approved Coastal Management Program, or with the applicable approved local waterfTont revitalization program, and will be cenducted in a manner censistent with such program." Applicant / Agent's Name: JAMES BAKER 3. Address: FISHEP~S. ISLAND, NY 06390 Telephone: Area Code (203) 438-0612 Applicant / Agent's Signature: Date: F. SUBMISSION REQUIREMENTS The applicant or agent shall submit the foilowiog documents to the New York State Department of State, Division of Coastal Resources and Waterfront Revitalization, 162 Washington Avenue, Albany, NY 12231. a. Odginal signed form. b. Copy of the completed federal agency application. c. Other available information which would support the certification of consistency. The applicant or agent shall also submit a cepy of this completed form along with his / her application to the federal agency. If there are any questions regarding the submission of this form, centact the Department of State at (518) 474-6000. See attached narrative 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or actien may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have I~ie or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of signir~ance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the deim~mination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of ioformation to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and info~catien about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The fo~n also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE - Type I and Unlisted Actions Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: r-lc. The project will not result in any large and important impact(s) and. therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. Although the project could have a signif,-.ant effect on the environment, there will not be a signit'~cant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative daclaratkm will be prepared.* The project may result in one or more large and impoCu3nt impacts that may have a signifk:ant impact on the envffo~ment, therefore a positive dedaration ~ be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions JAMES BAKER - NEW FIXED PIER & FLOAT Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) website Date Page 1 of 21 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full FAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action NEW FIXED PIER & FLOAT Location of Action (include Street Address, Munidpality and County) PRIVATE ROAD OFF PENINSULA ROAD Name of Applicant/Sponsor JAMES BAKER Address 52 ARMEND ROAD City / PO RIDGEFlELD State CT Zip Code 06877 Business Telephone (203) 948~5072 Name of Owner (if different) Address City / PO Business Telephone State Zip Code Description of Action: CONSTRUCT 62 (+/~) LF OF 4-FOOT WIDE FIXED WOOD PILE AND TIMBER PIER AND INSTALL AN 8' X 20' FLOAT WITH ASSOCIATED RAMP AND RESTRAINT PILINGS AND SEVEN TIE-OFF PILINGS ALL WATERWARD OF THE APPARENT HIGH WATER LINE. Page 2 of 21 Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: N Urban [] Industrial N ~ial r']Forest []Agriculture N Othe~ r~ Residential (suburban) N Rural (non4arm) Total acreage of project area: 0.1 acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) ForesLed Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Reads, buildings and other paved surfaces Other (Indicate type) PRESENTLY AFTER COMPLETION acres acres 3 + acres 3 + acres 1/2 acres 1/2 acres 1/10 acres 1/10 acres 1/10 acres 1/10 acres 3.6 acres 3.6 acres What is predominant soil type(s) on project site? a. Soil drainage: r~well drained 100 % of site r -]Ponrly drained __ % of site ]Moderately well drained __ % of site. If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? [] Yes r~ No a. What is depth to bedrock (in feet) 5. Approximate percentage of proposed project site with slopes: r'-'jo.lo% 15% r-'ilO- 15% 25% r--'j 15% or greater 60 % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of HistOm; Places? J~J Yes r~ NO 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ~ Yes r~No [~'~ No r-]Yes [~]No 9. J----J Yes 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? What is the depth of the water table? 0 (in feat) Is site located over a primary, principal, or sole source aquifer? Page 3 of 21 11, Does project site contain any species of plant or animal life that is identified as threatened or endangered? Accordin,~ to: I r-]Yes r~No Identify each s~ecies: 12. Are there any unique o~ unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? r~Yes r~No Describe: I 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? OYes I~JNo If ~/es, explain: 14, Does the present site include sceoic views known to he important to the community?. DYes F~No 15. Streams within or contiguous to project area: INoNE a. Name of Stream and name of River to which it is tributary ITHE SITE IS LOCATED ON DARBIE'S COVE AT THE SOUTHEAST CORNER OF WEST HARBOR. 16. Lakes, ponds, wetland areas within or contiguous to project area: FRINGE MARSH OF SPARTINA ALONG THE SHORELINE, MAINLY NORTH OF THE PROPOSED DOCK SITE. b. Size (in acres): LESS THAN ONE ACRE IN TOTAL. Page 4 of 21 17. Is the site served by existing public utilities? N Yes [] No a. If YES, does sufficient capacity exist to allow connection? N Yes b. If YES, will improvements be necessary to allow connection? NNo NYes r--]No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? i--lYes [].o 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 r~Yes [-"]No 20. Has the site ever been used for the disposal of solid or hazardous wastes? B. 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: b. Project acreage to be developed: acres initially; c. Project acreage to remain undeveloped: 3 + acres, d. Length of project, in miles: 110 FT. (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. __ f. Number of off-st~eet parking spaces existing __ g. Maximum vehicular trips generated per hour: h. If residential: Number and type of housing units: One Family Two Family Initially 0 Ultimately 1 i. Dimensions (in feet) of largest proposed stn~ore: 12 height; j. Linear feet of frontage along a public thoroughfare project will occupy is? How much natural matedal (i.e, rock, earth, etc.) will be removed from the site? ~]N/A 3. Will disturbed areas be reclaimed NYes ["]No If yes, fo( what intended purpose is the site being reclaimed?. DYes [] No 3.6 acres. acres ultimately. % 0; proposed 0 N/A (upon completion of project)? Multiple Family width; N/A R. NONE tons/cubic yards, Condominium 110 length. b. Will topsoil be stockpiled for reclamation? [] Yes [] No c. Will upper subsoil be stockpiled for reclamation? [] Yes [] NO 4. How many acres of vegetation (trees. shrubs, ground covers) will be removed from site? Page 5 of 21 5. Will any mature forest (over 1 O0 years old) or other locally-important vegetation be removed by this project? r-'"j Yes J~JNo 6. If single phase project: Anticipated period of construction: 3 months, (including demolition) 7. If multi.phased: a. Total number of phases anticipated ~ (number) b. Anticipated date of commencement phase 1: ~ month ~ year, (including demolition) c. Approximate completion date of final phase: __ month ~ year. d. Is phase 1 functionally dependent on subsequent phases? J'""'J Yes r-"J No Will blasting occur during construction? r"-J Yes [] No Number of jobs generated: during construction 3; afte~ proJect is complete 0 9. 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? r-~ Yes if yes, explain: r~No 12. Is surface liquid waste disposal involved? J J Yes ~ No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved?. ~ Yes r~ No Type 14. Will surface area of an existing water body increase or dscrease by proposal? r'~ Yes ~ No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? r~ Yes [~No 16. Will the project generate solid waste? [] Yes [] No a. If yes, what is the amount per month? ~ tons b. If yes, will an existing solid waste facility be used? ~ Yes N No c. If yes, give name : location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? [] Yes ]No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? E]Yes r~No a. If yes, what is the anticipated rate of disposal? __ tons/month, b. If yes, what is the anticipated site life? __ years. 18. Will project use herbicides or pesticides? NYes [] No 19. Will project routinely produce odors (more than One hour per day)? r~Yes r~No 20. Will project produce operating noise exceeding the local ambient noise levels? r~ Yes r~ No 21. Will project result in an increase in energy use? [] Yes [] No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity __ gallons/minute. 23. Total anticipated water usage per day ~ gallons/day. 24. Does project involve Lo~al, State or Federal funding? [] Yes r~l No If yes, explain: Page 7 of 21 25. Approvals Required: Type Submittal Date Tow~ of Southold Dec, 2006 City, Town, Village Board [~Yes r~ No City, Town, Village Planning Board r'~ Yes r~ No City, Town Zoning Board N Yes [] No City, County Health Department N Yes [] No Other Local Agencies N Yes r"] No Other Regional Agencies I---lYes ['--] No State Agencies !~'1 Yes [] No New York State DEC US Army Corps of Engineers Federal Agencies r~] Yes r"] No Zoning ami Planning Infomtation Does proposed action involve a planning or zoning decision? ~lYes If Yes, indicate decision required: r-~ zonieg amendment N Site plan ~'INo r~ zoning variance r--I special use permit r--]New/revision of ma~er plan r--]Resource management plan r-'~ Subdivision Page 8 of 21 2. What is the zoning classification(s) of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? RESIDENTIAL 4. What is the proposed zoning of the site? RESIDENTIAL - THERE IS NO KNOW3q PLAN TO CHANGE ZONING FROM RESIDENTIAL 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? ISINGLE FAMILY, RESIDENTIAL 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? [] Yes [] No 7. What are the predominant land use(s) and zoning classifications within a ~ mile radius of proposed action? RESIDENTIAL 8. Is the proposed action compatible with adjoining/surrounding land uses with a ~ mile? 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? ~'~ Yes [] No Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? DYes []No If' yes, is existing capacity sufficient to handle projected demand?, [] Yes [] NO 12, Will the proposed action result in the gen~atino of traffic significanUy above present levels? a. If yes, is the existing road ne4~vork adequate to handle the additional traffic, DYes I J"'J Yes [] No DNo D. Infom3atioaal Details At/ach any additional information as may he needed to clarify your project. If there are or may bo any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name JAMES BAKER Date Signature Title OWNER & APPLICANT If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Ferm before proceeding with this Page 10 of 21 Te4vn of Southold ~ LW~ CONSISTENCY ASSESSMENT SRM A. INSTRUCTIONS 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. 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). 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, HstinR both suooortin~ and non-supporfinR 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 SCTM# 1000 - 10-05-09 PROJECT NAME: New Fixed Pier & Float (James Baker) 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: Construct 62 (+/-) LF of 4-foot wide fixed wood pile and timber pier, an 8' x 20' float with associated ramp and restraint pilings, install seven tie-off pilings all waterward of the apparent high water line. Location of action: Site acreage: Present Land use: Property offPeninsula Road in Darbie's Cove. Parcel = 4.1 Residential Present Zoning Classification: Residential 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: James Baker b) Mailing Address: 52 Armend Road, Ridgefield, CT 06877 c) Telephone number: Area Code (203) 948-5072 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 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. SEE ATTACHED NARRATIVE DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances communily 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 dock facility construction project makes appropriate use of an existing waterfront access dock site and complies with environmental design factors published by the NYS DEC, and the DOS Coastal Management Program, Southold Local Law No. 6, 2004 and the Southold LWRP. The pier will be raised to a 4-foot dock clearance over the bottom sediments until passing the landward limit of the adjacent spartina fringe marsh, then ramp to shore. Piles and rails will be four feet above the deck. There will be no impairment of waterflow or navigation. 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 2 Policy 3. Enhance visual Oity and protect scenic resources tt~ghout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria · Yes __ No X Not Applicable The proposed structure is a fixed wood pile and timber pier and floating dock facility with fie-off piles. The only visual access affected by this project is across Darbie's Cove but the visual impact will not be significant because of the wooded bank and vegetated back~ound. The dock facility is a typical recreational boating facility and typical of other such facilities along the shoreline and on adjacent or nearby properties. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages $ through 16 for evaluation criteria. Yes __ No X Not Applicable The pier and float system is located in Darbie's Cove and is acknowledged to be in a flood-prone area; there is some wave exposure at this site even storms or fronts generate northerly winds.. The pier will be designed to accommodate complete submersion and resist hydrostatic uplift pressures due to flooding. The float width of 8 feet is considered necessary and appropriate for this site, wave exposure and the inherent stability of floating docks. Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP Section 1II - Policies Pages 16 through 21 for evaluation criteria. Yes __ No X Not Applicable This project will not have any affect on suitability of or availability of drinking water on Fishers Island. Policy 6. Protect and restore the quality and function of the Town of Southoid 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 This project is consistent with this policy because it maintains the elevation of the pier landing to an acceptable height above the bottom sediments through which adiacent tidal wetlands may spread (although they exist sporadically at the dock site currently). In addition, 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. The design parameters shown on the drawings provides an optimum balance between acceptable desien and access standards and restore opportunities for the wetlands vegetation to spread. The pier encourages habitat enhancement by providing some limited structure through the intertidal zone. 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 proiect. No emissions will be generated by the dock facility. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section Ill - 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 harmful affects. 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. Yes ~ No X Not Applicable This project is being built on private land. The public trust lands and waters constitutes the area between the mean high water line and mean low water line and the resources are from the high tide line, ont. These environmental resources are being protected by the design standards dictated by the NYS DEC. There is virtually no public use oftbe waterfront in this area and the construction of the pier to a landin~ above the apparent high water tine is not likely to influence or change this fact. 4 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 project is to build a wood pile and timber pier and install a new ramp onto a floating dock for water-dependent, recreational and transportation boating. This usage is defined as water-dependent in the LWRP because the pier and float for recreational boating and will provide occasional boat transportation access to the mainland. The pier has been sited along the northerly edge of the area covered by a fallen tree which has shielded the bank and bottom sediments for a couple of years. Tbne the pier site will minimize habitat impact. The pier elevation should provide an opportuni~ for tidal wetlands vegetation to re-establish itself even up to and beneath the pier. Policy 11. Promote sustainable use of living marine resources in Long Island Sound the Peconic Estuary and Town waters. See LWRP Section II1 - Policies; Pages 57 through 62 for evaluation criteria. Yes No X Not Applicable This pier is not 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 This pier is 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 Ill - Policies; pages 65 through 68 for evaluation criteria. Yes __ No X Not Applicable This pier is not used for or in support of any energy or mineral mining or processing operations. PREPARED BY: Keith B. Neilson, P.E. TITLE~ DATE November 20, 2006 5 JAMES BAKER DARBIE'S COVE, FISHERS ISLAND NARRATIVE STATEMENT & SUPPLEMENTAL INFORMATION NOVEMBER 27, 2006 GENERAL Mr. James Baker owns parcel 1000-10-05-09 off Peninsula Road located off the east shore of Darbie's Cove on Fishers Island. The site is generally moderately sloped, sandy gravel earthen materials, vegetated with grass, brush, ground cover and trees. The frontage of the property is approximately 300 feet along Darbie's Cove at the southerly end abutted by the Flower family to the north and Mr. & Mrs. Richard Baker, the applicant's parents to the south. The waterfront consists of a rock covered beach with tidal wetlands vegetation at the base of the steeply sloped coastal bluff in the vicinity of the pier. There is a large fallen tree along the shore; the tree will be removed as part of this project. The new pier is proposed along the north edge &the fallen tree. It is the Baker's desire to build a fixed pier and install a new hinged ramp to a floating dock system. The new pier will go from an end elevation of five feet, sloping upward and crossing over the intertidal zone at a typical height of four feet above the bottom sediments until reaching a finished elevation and then a level landing to shore at an elevation of about 8 feet.. This supplemental narrative has been prepared in accordance with the requirements of Town of Southold, Ordinance No. 6, 2004, 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 As mentioned in the introductory paragraph, this project is to construct a fixed wood pile and timber pier from the shore out into Darbie's Cove in accordance with existing guidelines set forth in the Town of Southold ordinance No. 6, 2004. It is envisioned that this structure will be built utilizing the following general sequence and methodology. The marine contractor will arrive by water with barge-mounted crane and push boats. The fallen tree will be cut up and materials will be deposited on shore landward of the apparent high water line or in a barge-based dumpster for removal from the site and the island. New piles will be driven starting at the new shore landing end of the pier and proceeding waterward at roughly 10-foot intervals to the waterward end of the pier approximately 62 feet from the apparent high water line. These piles will be driven by double-acting air hammer to a beating resistance of approximately 20 tons. This generally results in about ten feet of embedment of the pile in the bearing stratum. These piles will be 12-inch nominal diameter measured at three feet from the butt. After the piles are installed, split caps (also referred to as split clamps) consisting of a pair of pressure treated Southern Pine timbers ranging fi.om 3 x 10 to 4 x 12 nominal dimension, will be bolted to the piles transversely forming a pile bent. Stringers will be then laid on the split caps parallel to the length of the pier. In all likelihood, three runs of stringers will be set and will probably consist of 3 x 10 pressure-treated Southern PIne. The outer stringer on each side will be bolted or spiked to the pile to take care of any uplift forces that this pier might be exposed to. After the stringers have been connected to the piles and split caps, the decking will be installed in accordance with Town of Southold's Ordinance No. 6, 2004. This decking will not be CCA pressure-treated Southern Pine but rather oak, cedar hardwood or plastic / composite such as Timber Tech or similar material with the brushed side mounted up. If Timber Tech, it will be either gray, brown or natural in color. Decking will be attached to the stringers utilizing galvanized nails or stainless steel flathead square-drive wood screws about 3 inches long and will be set with a ¼" gap between members. The over-water decking will mn level at an elevation of five feet above MLW or to clear four feet above the existing bottom sediments with a slope upward at approximately 1 foot vertically per 10 feet horizontally maximum, or less, paralleling as closely as possible the slope of the existing intertidal zone until reaching the finished elevation beyond (landward) of tidal wetlands vegtetation. At this point the decking will level offas a landing and run straight to the shore. The piles will be about four feet above the deck surface and have horizontal rail members mounted to them. A rail of cedar, oak, hardwood or Timber Tech material will be installed for safety. A new hinged ramp will be installed at the dockside end of the pier so as to land on the float. This will be a wood ramp, made of pressure-treated framing and posts with non- CCA wood or Timber Tech decking, or the ramp will be aluminum. Water and electricity will be mn out on the pier in the space between the stringers so that trickle chargers and / or bilge pumps on the boats may be powered during tie-ups. The water will allow boats to be rinsed off after usage. A power post with an internal light will be mounted to the end of the fixed pier with receptacles to provide power to the boats from extension cords. The power post will also have a coiling arm for storage of the hose between uses. Because the dock may be used during the hours of darkness, low-intensity lights will be mounted on staggered piles or dock rail posts to illuminate the walking surface. This system will be manually or radio controlled with a shut-off timer so that the lights will only be on when necessary for safety of the users. REQUIREMENTS OF SECTION 97-25 OF THE WETLANDS LAW 6~ 2004 The permittee acknowledges that the validity of this permit is subject to the approval of other governmental or municipal authorities. The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting fi.om such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers. 2 The permitte~ives consent to the Town and its office"~, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit. The permittee will notify the Trustees in writing one week prior to initiation of any and all operations. The permittee will notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance for a certificate of compliance. In response to Sub-section 2a and the General Rules for Standards of Residential and Commercial Docks, the following additional information is offered. Permits for the work are being applied for through the Town, US ACOE, NYS DEC and a coastal zone consistency determination by the NYS DOS. The new piles to be installed will be of sturdy, durable and stable materials; in all likelihood, Greenhart or CCA pressure-treated Southern Yellow Pine piles with new braces of the same materials. These members will be a minimum of 3 x 8's and more often, 3 x 10's with at least one %" bolt per connection, and in many cases, two 3/4" bolts per connection. This pier is a fixed, pile-supported timber structure with a float and therefore will not adversely affect the free circulation of water or reduce the effects of fluctuating water levels in Darbie's Cove. In addition, the pier does not present any adverse modification of the shoreline. The pier's elevation is such that in extreme high flood tides the structure will be inundated. The structure's timber materials are specifically grown for this purpose and and are capable of withstanding full immersion and represent the standard of the industry. With the connections described above, this structure will be able to survive repeated inundations and even direct waves at high tide elevations. The pier support will include driving new piles at 10-foot intervals to the maximum extent possible in order to obtain the desired pier alignment and support intervals. The use of CCA pressure-treated piles and timbers can be approved for this project in accordance with Local Law 6. The pier and float will not be decked with CCA pressure-treated Southern Pine. This pier / walkway provides a safe pedestrian surface for access to the berthed boat. Rails may be installed on the pier for safety. The pier is almost centered on the property. The 15-foot clearance specified in this paragraph should not be an issue because this project does not involve any encroachment into the pier construction and boat operation area of Mr. & Mrs. Richard Baker to the south. (the applicant's parents or Mr. & Mrs. Elbert Burr to the west) The property line extension on the north side of the Baker's land diverges away from the logical line of littoral development rights which is drawn based on the centerline of Darbie's Cove. The float width of 8 feet is considered 3 o g° ° necessary and appropriate for boating safety because of the broadside exposure to waves from the north and inherent float stability. Upon receipt of the permit for this project, appropriate permit numbers and a Town permit placard will be affixed to the most seaward face of the pier for identification from the water. There are no permanent structures located above the pier decking nor are any planned at this time other than the power post and railing which are fixed by function. It is currently possible to provide a five-foot passage way on the upland to get around this pier and that access ability will be retained landward of the fringe marsh. There is room to walk under the pier at low tide. Foot traffic in this area is rare, if at all. 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 construct a fully functional water dependent use, a recreational boating dock facility at this site in support of recreational boating. Policy 5 - Use of Existing Developed Shorefront - There is no developed shoreline on this site. This project utilizes existing shorefront which has been altered by a fallen tree which has diminished resources such as growth of tidal wetlands vegetation. The project will be to build a pier and extend it to a logical shoreward terminus to make it 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 dock to the shoreward point of beginning will be over vegetated shoreline fringe four feet above the rocky intertidal sediments and should not jeopardize the integrity of existing spartina fringe outcrops. Typically there is a slight environmental benefit to the project because of the creation of structure in the water column where barnacles, algae and crustaceans will inhabit. 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. Removal of the fallen tree will allow for restoration of vegetation along the shore and thus improve habitat. 4 Policy 11 - Minimize Damage to Natural Resources - The dock construction project has been laid out in such a way so as to minimize damage to natural resources as identified in Policy 7 above. The dock facility has been sited in the area where the fallen tree has already impacted shoreline vegetation. Removal of the tree will therefore benefit the tidal wetlands vegetation and the pier, by comparison, will have rather minimal adverse impacts. Policy 14 - No Measurable Increase in Flooding - This project consists of construction of an open wood pile and timber pier which in no way adversely affects watenqow and circulation in Darbie's Cove or flooding potential of the area. Flood levels ail around Fishers Island are dictated by water levels in Long Island Sound, Fishers Island Sound and Block Island Sound and this structure will have no adverse influence on those levels. Policy 15 - No Dredging - Dredging is not required in this project. The floating dock system has been laid out in its current location and configuration to avoid any dredging requirements. The depth of 4 feet as generally recommended by the NYS DEC has been reached. The waters are protected enough that boats can be berthed bow to shore leaving the motor out in the deeper water. The float and the bow of the boat will not ground out at low tide. Policy 19 - Impact on Public Access - Public access will not be jeopardized or impeded as a result of this project. As a matter of fact, there is almost no public access usage of the public trust lands or waters at this site. The intertidal zone is significantly covered by boulders and tidal wetlands fringe marsh vegetation and the shallow sub-tidal waters do not present any opportunity or enticement for public access in the area. The pier and float occupy the landward 25% of the waterway 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 Adioining Properties and l.and 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 similar to this one and this docking facility will not interfere with existing or the likely configuration of future facilities on immediately adjoining properties or the logical allocation of littoral development rights. Policy 21 - Water Dependent Recreation - This project is consistent with water-dependent recreational opportunities policies set forth in this section. Policy 24 -Scenic Resources, Impairment or Loss - This policy is designed to prevent impairment or loss of scenic resources. The construction of the fixed wood pile and timber pier will not represent a new encroachment or structure which would create a loss of scenic resources. The elevated inboard landing section of the pier will be largely over-shadowed by the tree growth, the spartina fringe marsh on the site on the concave shoretands. Policy 25 - Enhance Overall Scenic Quality - The new dock structure will be consistent with the scenic quality of the area and prevent loss of scenic resources as described in Policy 24 above. 5 Policy 44 - Preserve and Protect Tidal Wetlands - It is acknowledged that the fragmemed fringe marsh of spartina altema flora along the shorefront is a valuable resource. The construction of the fixed wood pile and timber pier has taken advantage of the existing un- vegetated strip of the shoreline caused by the fallen tree in order to avoid adverse wetlands impact. The raised height of the pier should allow opportunities for the growth of the spartina fringe marsh naturally up to, and to an extent, beneath the wood pier once the fallen tree is removed. SUMMARY This project proposes a new fixed pier and float for recreational boating access of property of the James Baker family on Fishers Island. A copy of all US Army Corps of Engineers, NYS DEC and Town of Southold applications are attached as substantiation for this project. This project complies with applicable standards of the New York State Coastal Management Act and Local Ordinance No. 6, 2004 and its approval is respectfully requested. Respectfully submitted, DOCKO, 1NC. Keith B. Neilson, P.E. l APPLICATIONa~;t DEPARTMENT OF THE ARMY PERMIT [OMB APPROVAL NO. 0710~03 I ~ (33 OrB 32S) Public reporting burden for this collection of in fom~ation is estimated to average 5 hours per response, includthg the time for reviewing instructions, searching existing data sources, gathering and maiataining thc data needed, and completing aed reviewing the collection of in formation.. Send commcats regarding this burden estimate of any other aspect of this collection of information, including suggestions for reducing this burden, to D~parlment of Defense, Washington Headquarters Service Directorate of of Information Operations and Repoas, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22:202-4302; and to the Office of Managemem and Budget. Paperwork Reduation Project (0710-0003), W~shington. DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location oftbe proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws requi~e permits authorizing activities in. navigable waters of the United Stakes the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating this application for a permit. Disclosure: Disclosure of requested information is is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. One set of origianl drawings or good reproducible copies which show the location and character of thc proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction of thc proposed activity. An application that is not completed in full will be ratumed. I. APPLICATION NO. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) FIELD OFFICE CODE 3. DATE RECEIVED LDATE APP. COMPLETED 5. APPLICANTS NA/vlE JAMES BAKER 6. APPLICANT'S ADDRESS 52 ARMEND ROAD RIDGEFIELD, CT 06877 7. APPLICANt'S PHONE NO~ W/ARE~ CODE a. Residence (203) 948-5072 b. Business ITEMS BELOW TO BE FILLED B YdPPIJCdNT 8. AUTHORIZED AGENT'S NAME & TITLE DOCKO, INC. KEITH B. NEILSON, P.E. 9. AGENT'S ADDRESS P. O. BOX 421 MYSTIC, CT 06355 10. AGENTS PHONE NO'S W/AREA CODE a- Residence b. Business I I. STATEMENT OF AUTHORIZATION (860) 572-8939 I hereby authorize, DOCKO, INC. to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. APPLICANT'S SIGNATURE DATE JAMES BAKER NA/vlE, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (See instructions) NEW FIXED PIER & FLOAT 13. NAME OF WATERBODY, IF KNOW (if applicable) DARBIE'S COVE 15. LOCA~ON OFPROJECT SUFFOLK NY COUNTY STATE 16. OTHERLOCATION DESC~PTIONS, IFKNOWN,(Seeinstm~ions) 14. PROJECT STREET ADDRESS (if applicable) PROPERTY OFF PENINSULA ROAD FISHERS ISLAND, NEW YORK 06390 LAT. 41 ° 51' 46" N, LONG, 72° 00' 10" W SITE IS LOCATED ON THE EAST SHORE OF DARBIE'S COVE ON FISHERS ISLAND. 17. DIRECTIOIqS TO THE SITE FOLLOW ORIENTAL AVENUE EAST TO PENINSULA ROAD. SITE IS OFF PENINSULA ROAD, AT THE THIRD SITE TO THE EAST. ENG FORM 4345, Feb. EDITION OF SEP 91 IS OBSOLETE. (Proponent:CECW4DR 18. Nature of Aativity (Description of projeat, include all features) CONSTRUCT 62 (+/-) LF OF 4-FOOT WIDE FIXED WOOD PILE AND TIMBER PIER AND INSTALL AN 8' X 20' FLOAT WITH ASSOCIATED RAMP AND RESTRAINT PILINGS AND SEVEN TIE-OFF PILINGS ALL WATERWARD OF THE APPARENT HIGH WATER LINE. 19. Project Purpose (Describe the mason or purpose of the project, see instructions) THIS IS A PRIVATE DOCK FOR RECREATIONAL BOATING. 20. Reason (s) for Discharge N/A USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCIIARGED 21. Type (s) of Meterial Being Discharged and the Amount of Each Type in Cubic Yards N/A 22. Surface Area in Acres of Wetlands or Other Walers Filled (s~e instructions) N/A 23. Is Any Pottion of the Work Already Complete? Yes No X IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Properly Owners, Lessees, Etc., Whose Propetty Adjoins the Watethody (if more than can be entered here, please attach a supplemental list). NORTH: WALTER C. FLOWER Ill, FLOWER & COMPANY, 408 MAGAZINE ST., NEW ORLEANS, LA 70130 SOUTH: RICHARD F. BAKER, P. O. BOX 395, FISHERS ISLAND, NY 06390 WEST: ELBERT M. BURR, JR., P.O. BOX 34, PENINSULA RD., FISHERS ISLAND, NY 06390 25. List of otber Cerlifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application AGENCY TYPE APPROVAL* IDENT. NUMBER DATE APPLIED DATE APPROVED DATE DENIED Town of Southold Type I PEN DING PENDING NYS DEC Tidal Wetlands PENDING PENDING Water Quality Cert. *Would includ~ but is not restricted to zoning, building and flood plain bermits. 26. Application is hereby made for a l~rmit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I furth~ certify that I possess the authority to undertake the work described bercin or am aating as tba: duly authorized agent of thc applicant. SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT JAMES BAKER KEITH B. NEILSON, P.E., DOCKO, INC. The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent iftbe statement in block I 1 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any mann~ within thc jurisdiction of any department or agency of the United Stales knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or discuises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. *U.S.GPO: 1994-520-478/82018 DATE JOINT APPLIC N. '~rNewYork State FOR PERMIT United States Army Corps of Engineers N¥S Dept. of Environmelttal Conservation JAMES BAKERI (203) 948-5072 52 ARMEND ROAD (c.~sbuct or Place) RIDGEFIELD CT 06877 (Construct. Reconstruct or Repair) [] Coastal ErosionContl~ [] Owner [] Operator []Lessee J-'J Municipality/GovemmentoIAgenc7 [] 401WaterOualilyCeitificafion OvmerorAgelff/ContactPerson [] Owner r~J^gent/Contact Person J Telephone Number (daylime) [] PctaaaV~ter Supely Keith B. Neilson, P.E., Docko, Inc.I (860) 572-8939 [] Aquatic Vegeta~on Coctml P.O. BOX 421 Post Office I State I Zil~ Code [] ^qua~c ~r~e= c=nt~ Mystic CT 06355 !6. Project / FacilK7 LocatJo~ (mark location on map, see ins~'~ction 1 a.) (State Owned Lands uoder Water) Suffolk Southold, F.I. 1000 010 05 09 [] Lease, License, Easement o~ Lo. alton (inctudin~ Street or Road) I UtWity Easement (pipelines, conduits, PROPERTY OF PENINSULA ROADI (203) 948-5072 [] Docks, Mo~ings ot' Plaffolms Fishers Island NY 06390 Darbie's Cove [] Freshwater V~tJands Permit New London CT - RI - NY CONSTRUCT 62 (+/-) LF OF 4-FOOT WIDE FIXED WOOD PILE AND TIMBER [] Doc~ (C~s~uct or P~.ce) PIER AND INSTALL AN 8' X 20' FLOAT WITH ASSOCIATED RAMP AND [] Mood.~$ (Estoaish) RESTRAINT PILINGS AND SEVEN TIE-OFF PILINGS ALL WATERWARD OF THE APPARENT HIGH WATER LINE. [] Na~onwide Permit (s) Identify Number(s) [] [] [] State Land?[] [] Data: Date: Pd~ate ~.~lic c~ Yes No iMMED. 14. Has Work Begun on Pr~ (If yes, attach [] [] t6. L.~t Previous Permit I Application Number~ and Dates: (If Any) ,6. va~thi~ Prol~t Req.ir.,~d~Uo.;.~ [] [] If Y"* US ACOE. TOWN OF SOUTHOLD Date Signature of Applicant Title Date Signature of Owner Title J RESET PROJECT ID NUMBER STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only SEQR PART1-PROJECTINFORMATION I.APPLICANTISPONSOR JAMES BAKER 3.PROJECT LOCATION: FISHERS ISLAND, TOWN OF SOUTHOLD Municipality 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent PROPERTY OFF OF PENINSULA ROAD ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME NEW FIXED PIER & FLOAT SUFFOLK County landmarks etc-or orovide mad PROPOSED ACTION: [] New ~ Expansion ~ Modification / alleration 6. DESCRIBE PROJECT BRIEFLY: CONSTRUCT 62 (+/-) LF OF 4-FOOT WIDE FIXED WOOD PILE AND TIMBER PIER AND INSTALL AN 8' X 20' FLOAT WITH ASSOCIATED RAMP AND RESTRAINT PILINGS AND SEVEN TIE-OFF PILINGS ALL WATERWARD OF THE APPARENT HIGH WATER LINE. 7. AMOUNT OF LAND AFFECTED: Initially 0.1 acres Ultimately 0.1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ~.] Yes ~J No If no, desc~be bdefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ~--~Residenfial ~llndustda, [~Commercial [---1Agriculture ['~ Park / Forest l Open Space r-]other(describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) [~'~Yes r--']No If yes, list agency name and permit I approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r~Yes []No If yes, list agency name and permit I approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? [~Yes r--]No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant I Sponsor Name JAMES BAKER Date: Signature If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment .¢ PART II - IMPACT ASSESSMENT (To be completed by Lead A~lenc¥1 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review ixocoss and use the FULL EAF. I--lYes I'"-I No B. WILL ACTION RECEIVE COORDINATED REVIEVV AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative dedaredon may be superseded by another involved I--lYes C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing ah' quality, surfaco or groundwater quality or quantity, noise levels, existing traffic pattem, solid waste production or disposal, potential for erosion, drainage or ttonding problems? Expiai~ briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cuttund resources; or community or neighborhood character? Explain briefly: I C3. V~etatton or taona, fish, shellfish or ~idli~e species, s~jnificant habits, or threatened or endangered species'/' Explain bpe~: G4. A commuait~'$ e~istino plans or fluais as offioally adopted, ~ a t:han~e in u.~ of int~ of u~ of land or other na~ura~ GS. Growth, subseduant development, or related activities likely to be induced by the proposed a~on? Explain briefly: I C~. kon~ term, ~hort ~,rm, Cumulative, or ~her e~t~ not ide~if~:l ~n C142:$? Explain I C7. Other impacts (indudiflc~ chanc~les in use of either cluantit~ or b~pe of enemy? Explain btiefl)': I D. WiLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AR EA (CEAI? (If yes, explain bdefl¥: r--lYes r-]NeI E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If)'es explain: i-lYes I--]NeI PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: Foreach adverseeffectidentified above, determinewhetheritissubstanfial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occun'ing; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was cflecked yes, the determination ofsignifisance must evaluate the potential impact of the proposed action on the environmental characteristics of the C F_A. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occ~Jr. Then proceed directly to the FULl. EAF and/or prepare a positive decJaration. Check Ihis box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actJo~ WILL NOT result ie any signirmant adverse environmental impacts AND provide, on attachments as necessary, the masons supporting thie determination. Name of Lead Agency Date Title of Responsible otficor Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer)