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HomeMy WebLinkAbout1000-10.-5-9 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 MEMORANDUM 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; [10] 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 water*' 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 public anchoring. Structures extending beyond the minimum necessary for access to uavigable waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in the 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 usc of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does 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. q'ow,n of Southold ~ ~ /x~'~w~ '~' LWRP CONSISTENCY ASSESSMENT F,~I ' Cb A. INSTRUCTIONS ~~ ~~ 3~ I. All applicants for ~its' including To~ o~ouffiold agencies, shall complete ~is CC~ for propo~d actions ~m ~ subject to ~e To~ of Sou~old Wate~ont Consistency Review Law. ~is ~sessment is intended to supplement o~er i~o~ation ~ed by a To~ of Souffiold agency m~ing a in dereliction of consistency. *~cept for minor exempt actiom including Building Permits and other ministerial permits not located within the Co~tal Erosion Hazard ~rea. 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. Thns~ each answer mnst be explained in detail~ listing both supporting and non-su~oortin~ facts. If an action cannot be certified as consistent with the LWKP policy standards and conditions, i_t 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): ~/~ ,,,~,,,..dl 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: Constmct 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: Property off Peninsula Road in Darbie's Cove. Parcel = 4.1 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 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 Pobcy 3. Enhance visual quality and protect scenic resources throughout the Town of $outhold. 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 LNVRP 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 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 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. 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 wetland~ 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 1II - Policies Pages 32 through 34 for evaluation criteria. Yes __ No X Not Applicable There are no air quality issues related to this project. No emissions will be generated by the dock facility. 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 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, 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. Sec 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. Thu~ 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 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 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. Sec 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 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 sborefront 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 bearing 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. 1 After the piles are installed, split caps (also referred to as split clamps) consisting of a 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 V4" gap between deck planks. 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 I 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 nm 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 mil 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 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 offafier 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 Policy 1 is to foster a pattern of development that enhances community character and preserves natural resources to the maximum extent and minimizes adverse impacts on the environment, Policy 2 is to preserve historic resources, Policy 3 is to enhance and protect scenic resources and visual quality. The 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 docs not interfere with navigation, it will not create soil or sedimentation erosion problems, it does not adversely environmental resources and in the urea 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 resources 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 re-vegetation of the shoreline by tidal wetlands plants if other conditions are conducive to such gmwth. 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 minimizing 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 fi.om 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 injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers. The permittee gives consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit. The permittee will notify the Trustees in writing one week prior to initiation of any and all operations. The permittee will notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance for a certificate of compliance. In response to Sub-section 2a and the General Rules for Standards of Residential and Commercial Docks, the following additional information is offered. 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, Greenlmrt 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 %" bolt per connection, and in many cases, two 3A" 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 10-foot intervals to the maximum extent possible in order to obtain the desired pier alignment and 5 o ° o 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 Southem 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 fights 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. Them 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 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 6 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. Policy I 1 - 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 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, Fishem 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 immediately adjoining properties or the logical allocation of littoral development fights. Policy 21 - Water Dependent Recreation - This project is consistent with water-dependent recreational oppommities 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 resoumes. 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 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 tm- 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 T~I-E~ REFERENCE: 'vVE~T HAI:Z~,OR FI,C:,HE~ ~OJE~ DE~ION: CON¢~ 6~LF OF ~ ~OE F~D RLIN¢¢ ~ WA~ OF THE HIGH WA~ LINE. PP. OJECT PURPOSE: THIS ISA F:~IVATE DOCK FO~ 124ECP. F_AT/ONAL BOA'T1NG. 5. THE.~E APPLICATION DP-.A'W1NGS I:~EPP4ESENT A COMPILATION OF .C::,UIZVEYS FOe I:~RMIT PUI:2J2OSE..~. THEY ~ NOT CONSTRUCTION ;~ ~¢!,~ ~- GO~ DOCUMENTS. ¢. ADJOINING PP. OPERTY NOiZTH: 'W'ALTE~ C. P-LOW~R III SOUTH: F~ICHA~ F. PO BOX FISH~2~ IECL.AND, NY I I I :1 FI-~'IEI2.~f~LANO~!~C:)6,~.~D,' NEW'OI2J-EAN~. LATO1-'~O 2O0 1OO O PC. OJECT: WAT~vVAY: DARI31ES COVE NE~V FIXErP ¢IE~ and FLOAT FIS~HEI2~ ISLAND, TOWN OF ~OUTHOL~ SUFFOLK COUNTY, NEW YO~K ~,~I'E: NOVEMBE~ 7, 2006 ~-.,,,,,'""~0 C ~ ~'~',,,.~ APPLICANT: JAMES BAKEI2. A,~ENT: SHEET 1 OF 4 DOCKO, INC. K~4Cn B,. Neilcon, PE MyCic, CT O~355 860 572 8939 FAX ~ 572 7569 DWG O6--15-181~ E~L: dockc~snel'.net /N:::~PC2OXIMATE CENTERLJNE o¢ DAI:P4~IE$ COVE LuO~IC, AL LINE or LFFTORAE DEVELOPMENT ~HT.~,~ WITH 1_5' OFFSET SEA I--A',/ENDE~ ~ OF SP,'Nq"FINA L MITS OF POCK"( SHOC~.E --% BOULDE~ [T'm) '~, /// ~ //. FOOTP~NT or PROPOSED DOCK~ ~~XiMATEE 25% / ' ..,0~- '~..-:O ~'"~ I I I [ ~ I CURV~Y and '¢¢iETLa,ND ~1~ by C.M.E JAN 1 8 2( i N,,'F PP-OPEIL~FY OF ~R': ¢IT,~' /',BAKER/ ,FUTU~4~ ' PATH BOTTOM OF 2JEFEP4=..NCE BENCHMARK TOP OF MONUMENT EVATION = 4.59 OF ~tlCH~24D B,,zC-.ER PROJECT: NEW FIXEI~ PlEI~ ond FLOAT LOCATION: FISHER~ I~D, T~ OF ~O~ ~U~O~ COUNt, N~ YO~ WA~A~ ~1~ ~ N~MB~R % OF x --'-~ _ TO BE ~4~MOVED .APPCOXtMATE CENTEP. L-INE OF DAI24~IE~ COVE ,AND 1..5' OFFSET AP'i2'P4DXIMATE (US ACOa I I I I / / ¢ / BE~INNIN~ \ / ~/ // LOCATION: FI~HEI2~.~ I~LAND, TOYVN OF ~Lr'FHOLD ..~UFF1DL~ COUNTY, NEaW yO1244, WATEI~:aWAY: DAI~BIE~ COVE DATFcz NOVEMBER 7, 2006 APPtJCANT: J/~IE5 ~R I~E~: 5HE~ ~ OF 4 B. NeJ~n, ~ M~c, ~ 572 ~93~ F~ ~ 572 7~ ~0 ~1~ HAI;~NVOOID~ MUST CEJ~THqED BY ~T S~IP ~IL AH¥4L ~.6'~ NE~V I:~EGTtP-~INT IPlLIN~ TOP EL 4' ,,~kDVE DECK (TYP)- END DECK EJ- NEVV NEVv' 4-' VV/DN I I I I L.OC.~TION: