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HomeMy WebLinkAboutTR-7090Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 Mamh 17, 2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Keith B. Neilson, P.E. Docko, Inc. P.O. Box 421 Mystic, CT 06355 RE: SHEILA KENNEDY EQUESTRIAN AVENUE, FISHERSISLAND SCTM#9-9-22.1 Dear Mr. Neilson: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, March 17, 2010: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Wetland Permit #7090 and Coastal Erosion Permit #7090C to reflect a 6.5' beginning elevation of the dock to maintain a 4' clearance from the substrate, and as depicted on the revised site plan prepared by Docko, Inc., received on March 10, 2010, and stamped approved on March 19, 2010. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (63~) 765-1892. Sincerely, President, Board of Trustees JMD:eac 33 N/F OF W1U'dERE)ING OF KENNEDY N/F ~PEIL:~F'¢ OF RAUCH -' :;::. FISHERS ISLAND TOWN OF :.* : .: . -,. ;: ...... ,,,/,;, ,'*;j.;: ;:: .':;; !;7 · : ¢~Z~I:',.~:f~-,AI..6 1'=4OO' ': : I I I I 400 200 O 400 ~: TOWN OF E:,OUTHOLD TAX ~ RE'v1SED 4--7-.0~ T.O.~. DE~CR. IPTION PIER LOC. ~ DEECPJI::q'ION REVI~ED 8,-20-Offi ACOE DE.~2;RIPTION PROJECT: LOCA"~ON: I. ELEVATION DATUM I~ N~VO 1ffi:2.9. :2. T1DE DATA I~ T, AK~N FROi'I 2007 NOA, A TID~ T~LE~ I24~F~ENCE: HAY ~ ~. PROJECT D55C~II::~TION: CONSTRUCT 72~LP OF 4-FT YvlDE FbY, ED WOOD PILE AND ~MBER PIER INCLUDIN~ UTILITIES, IN~TALL ,~ 8-bT X I¢-FT FLOAT W1TH ,a,S~OGIATED HINGED RAPIP, RE.~TRAINT PILES ,aND MOORIN~ 'WHIPS, AM.. WA'TEI;L%VA~D OF A~PAI24~NT HIgH '¢¢ATEP*. UNE. THE LENGTH OF 'I~E PIER I~ i PROJECT PURPOSE: THIS 15 A 1::'I24VATE DOCK FOR P4~CRE. ATIONAL BOATINg. 5. "friEZE APPLICATION DRAYV1N~ REPRESENT A COMPILA'T~ON OF ~U~VEY5 ~ PERMIT PUP-~O~E~. THEY ~ NOT GON~T'i~UCTiON CONTF~CT OOCLIMENT$. O. AOJOININ~ I::~I~r~RT'¢ CTW~EP~: N~: HA.1240L~ p. ',MLMEP. DIN¢ MENDHAP1, NJ O7~45 F.I. RAUCH pAI~TNEP.,.9, LLP 501 pAP4~ AVENUE COLUN¢EWOOD, NJ 0~108 NEW I~IEtR ,~0 FLOAT ISLAND, TO~A/N OF ~OUTHOLD ~UFFOLK COUN'P¢', NE'A/YORK. WATER'vVAY: HAY HARBOR DATE.: FEBRUARY 2~, 2008 AP'PLICANT: ~HEILA KENNEE:~ A,~ENT: ~HEET 1 OF 4- EDOC~O, INC. Keifll 5. Neil~on, M,/~'~c, CT 06;355 ~O 572 ~939 F~ ~O 572 E~b d~k~n~.n¢ DWG 07-O94~76 NOTE: NO OSPREY POLE~ OB, SERVED ~/fTHIN OF THE SITE "EXI~NG CONDI~ON¢ I I I I NOTE: ALL ELEVATIONS I'~EA~UR~ID IN NGVI~ 192~. PP~DJEGT: NE~V ~IER AND FLOAT LOCATION: FIE4HER'S ISLAND. TOV,/N OF ,~DUTHOLD ~UFFOLK COUNTY, NENV YORK WA[ER'WAY: H~Y HARBOR ~ DATE: FE6i2.LIARY 2~, 2008 ,APOLlO, AN% SHEII_A K, ENNE[:TY ,~;ENT: ~HEET 2 OF 4- I~O~k~O, INC. ~1~c, CT O~5955 8~:2 572 8939 FAX &~O 572 7~69 DWG O7-O~-1~7~ Ef'IAIL: docko~¢net, net EL. BOfTOM OF V/~vV, .< (~ee eheet ~Vi~ED 11-4-0,5 PiER ELEVATION, LENGTH, AUk,VD DIM. ~ U~D C~LOUTS R~EO 2-~09 ~AT C~UT ~ED ~7~9 T.O.~. FLOAT SIZe, ~FF ~ N~--'V¢ I~IO01~ING 270-,FT~: T0 JN~ TOWN OF . ,"TE ~,-- I )LD N~ ~E~ ~ ~OA~ LOCA~ON: ~H~ IS~O, T~ O~ ~UTHO~ ~U~K ~N~, N~ WA~AY: ~Y ~R DATE: FSB~ ~, IN~. ~c. CT 06~55 8~ 572 8939 F~ 860 572 7~9 NOTE: DECKING - NOT C-~ TI~TED. I-F~OO05 MU~T 1SE CEIL~TFIEO BY FOP. E~T ~1~ ~UNQL ~ ~ln O~ETE~ ~E~ ~U~O~T ~ TOP EL ~2 I~. NOTE: NO ~UBMEP-~EO ;~UATIC VEGETATION MEA..~UP, ED FROM N~-'v~ '~ ~OVE PECK (TYP) ~ NOTE: P*.~I P NOT SHO'vVN IN ~ ~ ~ ~ RER COM~E~S ~cw ~w=~ ~ ~ N~ CONOU~ ond PIPE ~ FLOAT P. ES'i-P-AINT Fl..OAT ~U~PENSION DECK END VIE~V I I I 20 10 0 EDGE DETAIL. ~U~PEN~ION DETAIL. OF ~ER . 4fl IN. ~ DECK FLOAT A TTACHh'IENT 2,$.-IN CLUE PP. OJECT: NE~' PlEt~ AND FLOAT LOCA~ON: FI~HE~'~ I~I.~NiD, TCAVN OF ~OUTHOLD 6UFFOLK COUNTY, NE'A/YOP-K, WATE k:'¥VAY: HAY DATE: FESRU,AI~Y :2-~, 200¢ A, PI::~ICANT: ~HEI~ ~NN~Y ~HE~ ~OC~O, INC. ~ ~. NelSon, ~ ~O 572 ~999 F~ New York State Department of Environmental Conservation Division of Environmental Permits SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Telephone (631) 444-0368 Facsimile (631) 444-0360 Alexander B. Granni= Commissioner Ms. Sheila Kennedy 194 Lakeview Avenue Cambridge, MA 02138-2132 January 22, 2010 RE: 1-4738-03860/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. LJS/ls Enclosure Sinc, erely, Laura J. Scovazzo // Permit Administrator NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03860 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: SHEILA KENNEDY 194 LAKEV1EW AVE CAMBRIDGE, MA 02138-2132 (631) 788-7499 Facility: KENNEDY PROPERTY EQUESTRIAN AVEISCTM#1000-9-5-22.1 FISHERS ISLAND, NY Facility Application Contact: DOCKO liNC PO BOX 421 MYSTIC, CT 06355 (860) 572-8939 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Fishers Island 'Facility Principal Reference Point: NYTM-E: 749.17 NYTM-N: 4571.9 Latitude: 41°15'36.4'' Longitude: 72o01'32.6'' Project Location: Equesffien Avenue - Watercourse - Hay Harbor Authorized Activity: Construct 4' x 72' open-grate pier, 3 1/2' x 24' ramp, 8' x 16' float and four moor/ng piles. All work must be in accordance with the attached plans stamped NYSDEC approved on 1/22/10. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 14738-03860/00001 New Permit Effective Date: 1/22/2010 Expiration Date: 1/21/2015 · NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and ali conditions included as part of this permit. Permit Administrator: LAURA J SCOVAZZO, Deputy Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOK~t50 CIP~/CLE RD STONY B~OOK, NY 11 ..7,90 -3409 Authorized Signature: ! ./,::?;?i, ~ ~" /."' ,///~'f./? ,2.,i ,.¥ / /.: / / Date Page 1 of 6 NEW YORK STATE'DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03860 Distribution List DOCKO INC Marine Habitat Protection LAURA J SCOVAZZO Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTI!~ICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 1. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 2..Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and remm the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of projectfthe bottom portion of the form must also be signed and returned, along with photographs of the completed work. 3. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is pemfitted in wetlands and/or protected buffer areas. 4. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted acfiv/ties. 5. Dock, Catwalk Size Dock or catwalk shall not exceed 4 feet in width and shall be a minimum of four feet above grade (as measured from ground to bottom of dock/catwalk decking) over tidal wetland areas. 6. Use of Treated Wood The use of wood treated with Pentachlorophenol or other wood treatment not specifically approved by the Department for use in wetlands and/or mar/ne waters, is strictly prohibited in the construction of structures that will be in contact with tidal waters· 7. Catwalk Decking The decking of the catwalk shall be constructed of NYSDEC-approved fiberglass grating to reduce shading impacts from the approved structure.. Page 2 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03860 S.'No Floats, Ramps in Vegetated Tidal Wetlands Floats and ramps may not rest on or be stored in any vegetated tidal wetland. 9. No Prop Dredging Prop dredging, or the act of utilizing and/or directing the propeller or propulsion system of a motorized vessel and/or the water-borne forces created by said propeller or propulsion system, to excavate or displace existing bottom sediment and benthic habitat for the direct or indirect purpose of establishing or increasing water depth, is a regulated activity and is not author/zed by this · permit. Prop dredging is strictly prohibited without further written authorization (permit, modification or amendment) from the depm h~ent. 10. No Dredging or Excavation No dredging, excavating or other alteration of shoreline or underwater areas is anthor/zed by this pennit, nor shall issuance of this permit be construed to suggest that the Department will issue a permit for such activities in the future. 11. No Permanent Structures on Dock No permanent structures shall be installed on dock/catwalk/float without first obtaining written Department approval (permit, modification, or amendment). 12. Docks at Property Lines Docks/catwalks/fioats must not: a. extend laterally beyond property lines, b. be placed so that docked boats extend laterally over adjacent property line, c. interfere with navigation, or d. interfere with other landowners r/par/an rights. 13. Pilings at Property Lines Pilings shall not: a. extend laterally beyond property lines, b. be placed so that docked boats extend laterally over property lines, c.. interfere with n~vigation, or d. interfere with other landowners r/par/an rights. 14. No Structures on Pilings No structures, other than structures specifically author/zed by this permit, shall be constructed on pilings without further authorization from the depa~lment (permit, modification or amendment). is. FLOAT In order to prevent disturbance to bottom sediments and the benthic commun/ty, the float shall be supported at all times a minimum of 24" above the bottom sediments by installing stringers, suspension cables or other NYSDEC approved suspension device. Page 3 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03860 lii.' Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Docko Inc. per sheets 1 though 4 of 4, last revised 10/22/09 stamped NYSDEC approved 1/22/10 . 17. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shah cause unreasonable obstruction to the flee navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expanse to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State &New York on account of any such removal or alteration. 18. Precautions Against Contamination of Waters Ail necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deletehous materials associated with the project. 19. State May Require Site Restoration Ifuvon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Depmment of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration, z__ GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this pemfit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SA-PA 401(3). The permittee shall provide a person to accompany the Department's representative' during an inspection to the permit area when requested by the Department. A copy of this permit, inciuding all refe*enced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Page 4 of 6 NEW YORK STATE DEPARTMENT OF ENVnRONME~TAL CONSERVATION Facility DEC ID 14738-03860 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not mod/fy, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this · permit. Such application must include any forms or supplemental information the Department requires· Any renewal, modification or transfer granted by the Depaahnent must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK[50 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The perrrdttee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or Supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; noncompliance .with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Imw or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 5 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03860 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The perm!ttee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the · Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking.of activities in connection with, or operation and maintenance of, the ~acility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indermfificafion does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including ail special conditions while acting as the permittee's agent with respect to the pe, mittgd activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other pemfits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit-does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, rifle, or interest in real or personal property held or vested in a person not a party to the permit. Page 6 of 6 RETIJRN THIS FORM TO: J PERMIT NUMBER:" ~u~lc;t~ OF COMMENCEMENT OF CONSTRUCTIOtJ COMPLIANCE i OR FAX TO: 631-444-0297 Madns Habitat Protection NYSDEC 50 Circle Road - SUNY Stony Brook, NY 11790-3409 ISSUED TO: -- PROJEC,T LOCATION/ADDRESS: CONTRACTOR NAME: ~ ADDRESS: ' CONTRACTOR -- DATE - TELEPHONE: ~ Dear Sir: ~ Pursuant to General Condition of the referenced permit, you are hereby notified Ihat the authorized activity was completed on -- . We have ~ulty complied with the terms and condllions of the permit and approved plans, (Both signatures required) PERMITEE DATE THIS NO TICE~ WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A C~MPLETED SURVEY, AS APPROPRIATE, SENT TO THE ABOVE ADDRESS WITHIN 30 DA YS OF COMPLETION OF THE PROJECT. PERMIT NUMBER: PROJECT LOCATIOn/ADDRESS! CONTRACTOR NAME: ADDRESS: OR FAX TO: 631-444-0297 ISSUEDTOi Marine Habitat Protection NYBDEC 50 Circle Road - SUNY Stony Brook, NY 11790.3409 MUST BE TELEPHONE: ~ Dear Sir: --*--'-----'-- Pursuant to General Condition of the referenced perm t, you are hereb notified · We cart,fy that we have read the referenced permit and ~,, ..... . th_at_the a~u}h,.onze~, activ,ty shall commence on ~'armlt conditions. We have inspected the project site and can corn , , . · . Y an...,~ o~,~.u,,~u project and all approvsd,lana Vacsndo so In ,u,, co.,p,,snce w, tha p,e,.ct."':: th ,.,rm,tend aa da, o,adon,he be available at the slle for inspection in accordance with general Condition No, 1. (Both signatures required) d ~..,,,,,,, ~.u.u~uuns, me Permit s~gn, permit and approved plans will PERMITEE DATE CONTRACTOR -- · DATE . THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS A T LEAST TWO DA Y$ P /OR ANY ASSOCIA TED REGULA TED ACTIVITIES. F, _ RIOR TO COMMENCEMENT OF THE PROJECT AND A/LURE TO RETURN THI& NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS A VAIl-ABLE A T THE WORK SITE FOR THE DURA TION OF THE PROJECT MA y SUBJECT THE PERMI ~ I ~-E AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENAL TIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut along th s ne ~: . NOTICE OF CO ..................................................... MPLETION OF ¢0NSTRUCTION ....................................................................... RETURN THIS FORM TO: COMPLIANCE N N/F PROPERTY OF WLI"IERDIN~. ~ OF KENNEDY NVF PROPERTY OF RAUCH I I I I ,4OO REMSED ~-7..0.~ T.O~, PIER LOC · . ' DE~cRiFTiON Pi~DJECT: 1. EL~-VATION DATUM $.N~"v'D 2.. 'RDE DATA I~ TAKEN I:P~M ~ NO,4~ TIDE T~! ,F~ ~: ~y ~ 7~F ~ IN~ ~ ~.~ X ~ ~T ~ ~U~5. B, ~J~IN~ ~ ~: N~ ~ P, ~IN~ PIL ~ P~E~. C~~D. ~ ~1~ N~ ~ER~D ~OAT ~ F~H~ ~, TOWN O~ DAI~ FEBRUARy ~, 2OO& ~: 5HEJLA KENNEDY 5HE~ 1 OF 4 ~OC~O, INC. ~ '. OF ",,VIL.HERDIN~ ; ASAN~NED '~:. ENNL~ ~.-I~LAND P~--T~NIN~ LOCATION OF WALL DOCK '~'~ '..(ONE ~U.~'"~) WAY BENCHI"IA~K - ll~:)N ROD ELEVATION = 6.55 STEPS FtSHE~'$ ISLAND, TOWN OF :~2UTHOLD SUFFOLK COUNTY, NEW "¢OP~ WAT~ RWAY: HAY ~OR DATI~ FF-.~RU~ :L~. 2008, AI:OLICablT: BH~]L~ KENNEDY iN/F P~OPEP-.TY".. A~pP. OX~f'!~TE ED~~: x-3A ~ECK EL / \ 3": NEVV I'IOORIN~ *:': ~0-~ TO ~ ~ DE~ ;~N~ ':: ~H wA~ ~ '~::~::z~. "' .... ~t x I ~ "~ ~OPE~ oF % '%... ~'- ........ ....KENNEDY ~' '"'., ~ 4' ~ ~u~ .', NEYV ~EI~ANP FLOAT :: :: c ~:: '. :'-':; ~: ~UFFOL~, COUNT~, NEW ¥01~ , · WATEf~W'A¥: HAY ~R ~H~ 3 OF 4 b~ ~2 ~ F~ ~0 572 NE~V -~I:'Lrr-c!_AM~ AND ~LE O'Y~) NEW ~ X ~C~=7' ~.OA~' P. OA'~ ~U~N DEC~ Gf~ATE I~ECI< FLOAT '~ TOP ~_ ~ NE~V D~ H AT ~ N01~ NO W,A.~ O~_~F_RvF_D DLI~NG WAT~/Ay: HAY ~ FD~D4,JAIL~Y' ~, ~005 SUf~J~ QDLJNq'Y, K~V YOl~ INC. g5-20-1 (1 t/03) -gd New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC)has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this' site. For further informatiOn regarding the nature and extent of the approved work and any Department conditions applied to .the approval, contact the Regional Permit Administrator listed below. Please refer to the permit nUmber shown when contacting the DEC. Permit Number Expiration Date Regional Permit Administrator ROGEh EVANS NOTE: This notice is NOT a permit Oocko! Inc. Serving the waterfront community since1987 RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: docko@snet.net Ms. Lauren Standish Southold Board of Trustees PO Box 1179 Southold, NY 11971 March 12, 2010 Re: Sheila Kennedy, Fishers Island Permit No. 7090 Dear Ms. Standish: We have received, today, the U.S. Army Corps of Engineer permit (No. NAN-2008- 01194-EST) for the modifications to the proposed dock for Ms. She~la Kennedy on Hay Harbor, Fishers Island, New York. I know that the amendment to the Town of Southold permit is on Wednesday's agenda for next weeks meeting with the Board of Trustees, and hope that this information will provide the final details so that Board can feel confident in approving the amendment as well. The New York State DEC permit No. 1-4738- 03860/00001 was previously provided for your reference and file. Please let me know if you feel that it would be necessary for me to be presem at the Trustee meeting next week. If so, I will make my ferry reservations immediately. Your assistance, as always, is appreciated. I look forward to your call. Yours truly, DOCKO, Inc. KBN:hv cc: Sheila Kennedy File: 07-09-1976 KENNEDY REPLY TO ATFENTION Of: Regulatory Branch DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N,Y. 1027B-0090 SUBJECT: Request for Permit Modification of Department of the Army Permit Number NAN-2008-01194-EST, by Sheila Kennedy Sheila Kennedy 194 Lakeview Avenue Cambridge, MA 02138-2132 Dear Ms. Kennedy: In accordance with the provisions of Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403), you were issued Department of the Army Permit Number NAN-2008-01194~EST by the District Engineer on March 18, 2009. This permit authorized construction of a 4-foot-wide by 55-foot-long fixed pier including four (4) tie-off pilings, an 8-foot-wide by 20-foot-long float with a 3.5- foot-wide by 18-foot-long ramp in Fishers Island, Suffolk County, New York. The New York District has reviewed your submittals dated May 6, 2009, August 20, 2009, and February 4, 2010, in which you requested the following modifications to the existing permit: 1. Modifications to the existing 8-foot-wide by 20-foot-long float to be replaced with an 8-foot-wide by 16-foot-long float. 3. Modification to the contract drawing (Sheet 4 of 4) revised on April 7, 2009 specifying a 4-feet elevation of the proposed fixed 4-foot-wide by 55-foot-long pier. Based upon our evaluation of ~he submitted materials, we hereby approve your request to modify the subject permit and the modification of this permit shall be known as Department of the Army Permit Number NAN-2008-01194-EST-M1. All other permit conditions to which the authorized work was made subject shall remain in effect. This letter shall be added to all copies of the permit, including those at the work site. free CC: NYSDEC Docko, If you have any questions regarding this matter please feel to contact Leo Strogach, of my staff, at 918-790-8533. John R. Boul~ II Colonel, U.S. Army District Engineer Inc. 2 DOCKO, Ii¥C. P. O. BOX ¥~1, 1~ I-IOL~rt~$ STP~£T M-YSTIC, CT 06355 TEL ~' (~0) ~4 ~ ~ck~n~n~ Please call the above number if'ail ~f the p~g~ o/this fax are not r¢c~,ivei Fax Transmission The information contained in this communication is CONFIDENTIAL, may con~tute informa#on, and is intend only for the use of the ad~essee, ~gtho~zed use, disclo~re or c~ing is $T~Y-PRO~D ~ m~ be ~I~L If you ~e rece.~ed this co~uni~on in o~or, PLEBE .NO~ US ~ZdTELY AT (860) 572-8939 DESTROY ~V ~8~I0~ " P~E~E ~ LL UPON~T OF ~S F~ TO CON~ ~~. ~ YOE N~ CoNDU~nd ~I~E~ ffl ..... ., ~ ..... ~I', ~T'' ' N~N~W~I~)~' ~ N~XI~OA~ " ~7~ ......... ~ .... ~ ........ ~ -- -- ~AT ~U~I~N N~Z ~' ~ ~ ~)~~o~uou~ ~o~ A TTACHi"IENT I EN~ VIE~V DECK I I I I F~:~JECT: N~-'V~ ~.~ DATUM NE'vV PIER LOCA~ON: N~JV CONDUIT and ~5ELOVv' ~ 2.7~ '%. NE~V ~-~' X FLOAT RE~1'~INT F~LE FLOAT CABLE END VL=%V DECK FLOAT A'r ~mr~a::~ r~ OF F~OAT NE~V lO-IN P~-OJF. CT: NE~/ I::~IE~ AND Fl-OAT ~2>C2~ mC>. IN~. FAX ~0 E72 ~ ~UFFOLK C, OUi'/TY', N~V WA i'D...~vVAY: Docko, Inc. ,since1987 P.O. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: docko@snet.net Ms Lauren Standish Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 Re: Kennedy Property, Fishers Island Permit Modification #7090 Dear Ms Standish: In accordance with your e-mail of March 2, 2010, we are transmitting herewith 3 sets of revised signed and sealed drawings for Sheila Kennedy on Fishers Island as well as a cheek in the amount of $50.00 for the Administrative Amendment fee. These drawings reflect the 6.5' beginning elevation of pier to maintain a 4-fi clearance from the substrate. We have also included a copy of the NYS DEC's permit showing their authorization as well. The same information has been sent previously to the US Army Corps of Engineers for their processing. I trust that this will allow the Board of Trustees to move forward with the requested Permit Amendment. Please let me know if the need for any additional information or discussion is required. Your assistance as always is appreciated. Yours truly, DOCKO, 1NC. KBN:jm Enclosures CC: Mrs. Sheila Kennedy File: 07-09-1976 KENNEDY 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 ~ constructed V//Project com ~lete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7090 DATE: APRIL 22, 2009 ISSUED TO: SHEILA KENNEDY PROPERTY ADDRESS: EQUESTRIAN AVENUE, FISHERS ISLAND SCTM# 9-9-22.1 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 April 22~ 2009,~and in consideration of application fee in the sum of $500.00 paid by Sheila Kennedy and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: , Wetland Permit to construct a 4'x72' fixed wood pile and timber pier, install a 3.5'x24' hinged ramp and an 8'x16' floating dock with restraint pilings and mooring whips, with the condition that open grate decking is to be used, and as depicted on the site plan prepared by Docko, Inc., last dated April 22, 2009, and received on May 8, 2009. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date, . TERMS AND CONDITIONS The Permittee Sheila Kermedy, residing at Equestrian Avenue, Fishers 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 pemait, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the ~sald 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 Pennittee 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 inspecti0i~ 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 °fthe 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 work 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. 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 fail~ to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr~ Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 · BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit #: 7090C Date: April 22, 2009 SCTM#: 9-9-22.1 Name of Applicant/Agent: Docko, Inc. Name of Permittee: Sheila Kennedy Address of Permittee: 194 Lakeview Avenue, Cambridge, MA 02138-2132 Property Located: Equestrian Avenue, Fishers Island DESCRIPTION OF ACTIVITY: Coastal Erosion Permit to construct a 4'x72' fixed wood pile and timber pier, install a 3.5'x24' hinged ramp and an 8'x16' floating dock with restraint pilings and mooring whips, with the condition that open grate decking is to be used. The Coastal Erosion Management Permit allows for the operations as indicated on the site plan prepared by Docko, Inc., last dated April 22, 2009, and received on May 8, 2009. Permit to construct and complete project will expire two years from the date the permit is signed. INSPECTIONS: Final Inspection SPECIAL CONDITIONS: (apply if marked) N/A Bluff restoration through a re-vegetation plan is a necessary special condition of this permit· N/A A relocation agreement is attached hereto and is a necessary special condition of this permit. N/A A maintenance agreement is attached with application and is a necessary special condition of this permit. Jam~es F. KingC~, P ~s~dent Board of Trustees James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 April 22, 2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Keith Neilson, PE Docko, Inc. P.O. Box 421 Mystic, CT 06355 RE: SHEILA KENNEDY EQUESTRIAN AVENUE, FISHERSISLAND SCTM#9-9-22.1 Dear Mr. Neilson: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, April 22, 2009 regarding the above matter: WHEREAS, Docko, Inc., on behalf of SHEILA KENNEDY 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, and Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, application dated February 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 recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 111-11 & 111-12 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the catwalk is to begin closer to the shore to allow for pedestrian traffic, the height of the catwalk is lowered, open grate decking is to be used, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on April 22, 2009, at which time all interested persons were given an opportunity to be heard, and, 2 WHEREASi 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 and Chapter 111 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 for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Ping ram pursuant to Chapter 268-5 of the Southold Town Code, and. RESOLVED, that the Board of Trustees approve the application of SHEILA KENNEDY to construct a 4'x72' fixed wood pile and timber pier, install a 3.5'x24' hinged ramp and an 8'x16' floating dock with restraint pilings and mooring whips, with the condition that open grate decking is to be used, and as depicted on the site plan prepared by Docko, Inc., last dated April 22, 2009, and received on May 8, 2009. Permit to construct and corn plete 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 inspection. (See attached schedule.) Fees: $ 50.00 Very truly yours, President, Board of Trustees JFK/eac 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 Please be advised that your application dated F~,¢L/.(7.Z-~/ /7, ~00~ has been reviewed by this Board at the regular me.eting of and your application has been approved pending the co~npletion Of the following items checked off below. __ Revised Plans for proposed project Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1s~ Day of Construction ($50.00) __ ¼ Constructed ($50.00) Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above; COMPUTATION OF PERMIT FEES: TOTAL FEES DUE:$ BY: James F. King, President Board of Trustees James F. King. President Jill M. Dohe~ly. Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. P.O. Box [ 179 Southol&NY 11971 Telephone (631 ) 765-1892 Fax (631 / 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: SHEILA KENNEDY requests a Wetland Permit to construct a 4'X 55' wood pile and timber pier including four (4) tie-off pilings and an 8'X 20' floating dock with associated hinged ramp and restraint pilings. Located: Equestrian Ave., Fishers Island. SCTM#9-9-22.1 Type of area to be impacted: v'Saltwater Wetland Freshwater Wetland __ Sound Bay Distance of proposed work to edge of wetland ~chOf Town Code proposed work falls under: apt.275 Chapt. 111 other Type of Application: ~'"Wetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Present Were: ~/JJ.King __J~..Doherty __P.Dickerson D. Bergen__ B.Ghosio. __ D. Dzenkowski Mark Terry__other ~,/ .¢ca~/--- ~,Z¢,~y Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review- Donald Wilder, Chairman Lauren Standish; Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631 ) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., March 11, 2009, the following recommendation was made: SHEILA KENNEDY to construct a 4'X 55' wood pile and timber pier including four (4) tie- off pilings and an 8'X 20' floating dock with associated hinged ramp and restraint pilings. Located: Equestrian Ave., Fishers Island. SCTM#9-9-22.1 The CAC did not make an inspection, therefore no recommendation was made. SHEILA KENNEDY FISHERS ISLAND PHOTOGRAPHS New Pier & Float ABOVE: THIS PHOTOGRAPH SHOWS THE COVE ALONG THE WATERFRONT IN HAY HARBOR AT THE KENNEDY PROPERTY WITH MS KENNEDY'S HOUSE IN THE BACKGROUND. THE DOCK SITE WILL BE TO THE RIGHTHAND SIDE OF THE PHOTOG~RAPH COMING OUT OYER THE ROCK OUTCROP. MUCH OF THE ROCK IN THIS LOCATION IS THE REMNANTS OF THE STONE PIER ASSOCIATED WITH THE HOTEL FROM EARLY LAST CENTURY. SHE]LA KENNEDY FISHERS ISLAND PHOTOGRAPHS New Pier & Float ABOVE: THIS PHOTOGRAPH SHOWS IN MORE DETAIL, THE COVE AND THE LOCATION OF THE PATH WHICH IS FROM THE CENTER OF THE PHOTOGRAPH OFF TO THE LEFT WHICH WILL BE UTILIZED FOR ACCESS TO THE SHOREFRONT. ENVIRONMENTAL QUESTIONNAIR£ This is intended to supplement ENG Form 4345, Application for Department of the Army complete answers to all questions below which are relevant to your project. Any answers may be continued on separate sheet(s) of this paper to be attached to this form. PI:~iVA CY ACT STATEMENT The purpose of this form is to provide the Corps of Engineers with basic information application and for public dissemination as required by regulation. Failure. to provide complete information may result in your application being declared incomplete for processing, themhy dela'yfng proc'essing of ~ ~on, GENERAL-APPLICABLE TO ALL PROJECTS f . Explafn the need for, arrd purpose of, the proposed work. This project is to constnmt a new fixed pier with a hinged ramp to a float which will provide water access for recreational boating. Attached are a detailed narrative and drawings which set forth the full description of the project, construction techniques and methodology, anticipated impacts including environmental, aesthetic, usage, navigation and public access. 2. Provide the names and addresses of property owners adjacent to your work site (if not shown on the application form or project drawings). North: Harold P. Wilmerding, 55 Roxiticus Road, Mendham, NJ 07945 South: F.I. Rauch Partners, LLP, 501 Park Avenue, Collingswood, NJ 08108 (Please note that depending upon the nature and extent of your project, you may be requested to provide the names and addresses of additional property owners proximate to your project site to ensure proper coordination.} 3. Photographs of the project site should be submitted. For projects in tidal areas, photographs of the waterway vicinity should be taken at Iow tide. Using a separate copy of your plan view, indicate the location and direction of each photograph as well as the date and time at which the photograph was taken. Provide a sufficient number of photographs so as to provide a clear understanding of conditions on and proximate to your project site. 4. Provide a copy of any environmei-,;a; impact $;a;ement, or any other environmental report which was prepared for your project. See attached narrative. 1 5. Pro¥ide a thorough discussion of atternat/ves to your proposal. This discussion should include, but not necessarily be limited to, the "no action" alternative and alternative(s) resulting in less disturbance to waters of the United States. For filling projects in waters of the United Si~;es, including wetlands, your alternatives discussion should demonstrate that there are no practicable alternatives to your proposed filling and that your project meets with current mitigation policy (i.e. avoidance, minimization and compensation). See attached narrative. DREDGING PROJECTS Answer the. following if your project involves dredging. There is no dredging associated with this project. I. Indicate the estimated volume of mater~al to be dredged and the depth (below mean Iow water) to which dredging would occur. Would there be overdepth dredging? 2. You can apply for a ten-year permit for maintenance dredging. If you wish to apply for a ten-year permit, please provide the number of additional dredging events during the ten-year life of the permit and the amount of material to b rremoved during future events. 3. Indicate on your drawings the de-watering area (if applicable) and disposal site for the dredged material (except landfill sites). Submit a sufficient, number of photographs of the de-watering and disposal sites as applicable so as to provide a clear indication of existing conditions. For ten-year maintenance dredging permits, indicate the dewate~fng/disposal sites for future dredging events, if known. 4. Describe the method of dredging (i.e. clamshell, dragline, etc.) and the expected duration of dredging. 5. Indicate the physical nature of the materfal ~'o be dredged (i.e. sand, silt, clay, etc.) and provide estimated percentages of the various constituents if available. For beach nourishment projects, grain size analysis data is required. 2 6. Describe the method of dredged material containment (i.e. hay bales, embankment, bulkhead, etc.) and whether return flow from the dewatering/disposal site would re-enter any waterway. Also indicate if there would be any barge overflow. MOORING FACILITIES Answer the following if your projec£ Includes the construction or rehabilitation of recrea#onal mooring facilities. I. tt is generally recommended that any fixed piers and walk ramps be limited to four feet in width, and that floats be limited to eight feet in width and rest ~t least two feet above the waterway bottom ~,t mean Iow water. Terminal floats at private, noncommercial facilities should be limited to 20 feet in length, if you do not believe your proposal can meet with these recommendations, please provide the reason(s). These criteria can be met as set forth in the attached narrative statement and as depicted in the application drawings. 2. Using your plan view, show to scale the location(s), position(s) and size(s) (including length, beam and draft) of vessel(s) to be moored af the proposed facility, including those of transient vessel(s} if known.. 3. For commercial mooring sites such as marinas, indicate the capacity of the facility and indicate on the plan view the location(s) of any proposed fueling and/or sewage pump-out facilities, if pump-out facilities are not planned, please discuss the rationale below and indicate the distance to the nearest available pump-out station. No pump-out facilities are planned due to the residential nature of this dock facility which will generally accommodate small motor boats, sail boats, kayaks and canoes. If pump-out services are required, they are offered at Pirate's Cove Marina where fuel is sold. 4. Indicate on your plan view the distance to adjacent marine structures, if any are proximate and show the locations and dimensions of such structures. The distance to Pirate's Cove Marina in West Harbor is approximately 2 miles. 5. Discuss the need for wave protection crt the proposed facility. Please be advised that if a permit is issued, you would be required to recognize that the mooring facility may be subject go wave action from wakes o/ passing vessels, whose operations would not be required to be modified. Issuance of a permit would not relieve you of ensuring the integrity of the authorized structure(s) and the United States would not be held responsible for dames to the structure(s) and vessel(s) moored thereto from wakes from passing vessels, Wave protection at this site is not considered to be a necessary or appropriate expense. Wave heights in Hay Harbor are generally a foot or less. BU£KHEADING / BANK STABILIZATION / FILLING ACTIVITIES This section is not applicable. Answer the following if your project includes construction of bulkheading (also retaining walls and seawalls) with backfill, filling of waters/wetlands, or any other bank stabilization fills such as riprap, revetments, gabions, etc. ~. indicate the total volume of fill (including backfill behind a structure such as a bulkhead) as well as the volume of fill to be placed into waters of the United States. The amount of fill in waters of the United States can be determined by calculating the amount of fill to be placed below the plane of spring high tide in tidal areas and below, ordinary high water in non-tidal areas. 2. Indicate- the source(s} and type(s} of fill material 3. Indicate the method of fill placement (i.e. by hand, bulldozer, crane, etc.). Would any temporary fills be required in waterways or wetlands to provide access for construction equipment? If so, please indicate the area o/ such waters and/or wetlands to be filled, and show on the plan and sectional views. 4 The foregoing requests basic h~[(,rmation on the most common types of projects requiring Department of the Army permits. It is intended to obviate or reduce the need for requesting additional information; however, additional information may be requested above and beyond what is requested in this form. Please feel free to add any additional information regarding your project which you believe may facilitate our review. PROJECT: WATERWAY: LOCATION: ...... APPLICANT; _~_ ........... DATE: - :~ AGENT: LO~ATION MAP "NEW PIER & FLOAT" HAY HARBOR FISHERS ISLAND, TOWN OF SOUTHOLD SUFFOLKCOUNTY. NEW YORK SHEILA KENNEDY FEBRUARY 29. 2008 DOCKO, INC. SOU Silver Eel ~woe + Harbor 4 TAX ASSESSOR'S MAP 009, SECTION 9, LOT 22.1 PROJECT: WATERWAY: LOCATION: APPLICANT: DATE: AGENT: "NEW PIER & FLOAT" HAY HARBOR FISHERS ISLAND, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK SHEILA KENNEDY FEBRUARY 29, 2008 DOCKO, INC. HAY HARBOR 8,] 8,1 Docko, I nc. Serving the waterfront commtmi~ since 1987 RO. Box 421, Mystic, CT 06355 (860) 572-8@$9 Fax: (860) 572-756@, email: docko@snet.net April 29, 2009 Ms Laura J. Scovazzo NYS DEC - Region 1 Environmental Permits 50 Circle Road - SUNY Stony Brook, NY 11790 ';*'/ -. S 2009 Re: Sheila Kennedy, Fishers Island Appl. # 1-4738-03860/00001 Dear Ms Scovazzo: Following up on the voicemail message left this morning by Joan McLaughlin of our office, we are transmitting herewith four sets of revised, signed and sealed drawings for the above referenced permit application for Ms Sheila Kennedy. These revisions were made as a result of the approval by the Town of Southold Board of Trustees at their monthly meeting reflecting the revised pier location, project description and the use of grate-type decking for the fixed portion of the pier. If you have any questions please feel free to give me a call. Yours truly, DOCKO, IN~ KBN:jm Enclosures CC: Mrs. Sheila Kennedy US ACOE: Strogach Town of Southold: King NYS DOS: Zappieri File: 07-09-1976 KENNEDY Doe:ko, I no, Se.ing the waterfront community since 1987 P.O. Box 42'1, Mystic, CT 06355 (860) 572-8989 Vax: (860) 572-7569, email: docko@snet.net Mr. Jim King, President Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 April 22, 2009 Re: Coastal Erosion Permit Dear Mr. King: Following up on my conversations yesterday with Ms Jill Doherty of the Board of Trustees, we prepared the necessary revision to the Coastal Erosion Data Application page of the Town of Southold, Board of Trustees permit application documents. Copies of that application form are attached herewith along with a check in the mount of $250 for this modification. In addition, we have revised the application drawings to accommodate some of the specific preferences noted by Ms Doherty. They are as follows: } The pier has been re-aligned to create a point of beginning immediately adjacent to the path down the bank. } The 15-foot property line off-set has been marked on the drawings for clarity, The pier runs appmximate!y t0 to 15 feet south of that off-set so that a boat fled up on either side of the float will not encroach into the extended 15-foot off-set line. )~ The end of the floating dock is in the same location as previously shown. This point is at the 25% width limitation of the waterway between the shoreline and Tennis Racket Island in accordance with U. S. Army Corps standards. } The floating dock suspension system is shown in the detail. 3' The mooring whips will be used in substitution for floating dock tie-off piles are shown. } The pier beginning is now 10 minimum off the tidal wetlands, reduced from 27 feet originally proposed. I believe this will be favorably considered by the DEC as well although I have not been able to speak with the DEC on this issue. )~ Vertical clearance of approximately 5 feet has been maintained or exceeded for the length of the pier between apparent low water and apparent high water lines on the shoreline. In order to keep the pier elevation as low as possible, for visual impact, a clearance of 5 feet could not been maintained at the apparent high water line where the pier passes over the stone remnants of the old hotel wharf. ~' The floating dock is 8-fi. wide by 16-ft. long as you and I had discussed. Mr. Jim King, President · Sou~old Board of Trustees April 22, 2009 I trust that all of these revisions make this project acceptable so that we can move forward toward approval at tonight's meeting. Your assistance as always is appreciated. We look forward to the oppommity to present this application on behalf of Ms Kennedy tonight. Yours truly, KO, INC. ~ Keith B. Neilson, P.E. KBN.'jm Attachments CC: Ms Sheila Kennedy File: 07-09-1976 KENNEDY OFFICE LOCATION: Town Hail Annex 54375 State Route 25 Main Rd. 8: Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: March 24, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for SHEILA KENNEDY SCTM#9-9-22.1 Docko, Inc. on behalf of SHEILA KENNEDY requests a Wetland Permit to construct a 4'X 55' wood pile and timber pier including four (4) tie-off pilings and an 8'X 20' floating dock with associated hinged ramp and restraint pilings. Located: Equestrian Ave., Fishers Island. SCTM#9-9-22.1 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 us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The location of the proposed dock is within the Coastal Erosion Hazard Area (CEHA) and will be constructed in both the nearshore area and beach. All development is prohibited in the nearshore area and beach pursuant to § 111-11 and § 111-12 unless specifically provided for by Chapter 111~ COASTAL EROSION HAZARD AREAS. Pursuant to § 111-6~ allowable activities within the nearshore area and beach may include open timber piles or other similar open work supports with a top surface area of less than 200 square feet. Therefore~ the dock as proposed is prohibited in the nearshore area and beach pursuant to Chapter 111, COASTAL EROSION HAZARD AREAS. § 111-11. Nearshore area. C. All development is prohibited in nearshore areas unless specifically provided for by this chapter. § 111-12. Beach area. D. All development is prohibited on beaches unl6ss specifically provided for by this chapter. § 111-6. Definitions. UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual propert~ owner for the limited purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surfitce area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune aud secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. If the agency~ Board of Trustees makes a contrary determination of consistency~ the agency shall elaborate in writing the basis for its disagreement with their recommendations pursuant to Chapter 268~ Waterfront Consistency Review. § 268-5. Review of actions. In the event the LWRP Coordinator's recommendation is that the action i.s' inconsistent with the LWRP, and the agentT makes a contrary determination ~f consistenc% the agentT shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP polioT standartls'. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Albert 1. Kmpski, President James King, Vice President Hem'3, Smith Anie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, N~v York 11971 Telephone (516) 765-1892 F,.x (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD FE~ 1 7 '~r~ Office Use Only ~/ Received Application: / Received Fee: ~/~~ ~Completed Application Incomplete SEQRA Classification: Type I X Type II __ Coordination: (date seDt) /CAS Referral Sent: 0-1~1~ / Date of Inspection: 2[ Receipt of CAC Report: Lead Agency Determination: Technical Review: /Public Hearing Held: ~1~!0% -- Resolution: J Unlisted X Name of Applicant SHEILA KENNEDY Address 194 LAKEVIEW AVENUE, CA/qBRIDGE, MA 02138-2132 Phone Nuraber: (631) 788-7499 Suffolk County Tax Map Nuraber: 1000 -009 09-22.1 Property Location: PROPERTY OFF OF EQUESTRIAN AVENUE (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 Bgrd of Trustees Application0 GENERAL DATA Land Area (in SF):Parcel= 1.9 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 55 (+/-) LF OF 4-FT WIDE FIXED WOOD PILE AND TIMBER PIER INCLUDING 4 TIE-OFF PILINGS AND AN 8' X 20' FLOAT WITH ASSOCIATED HINGED RAMP AND RESTRAINT PILINGS ALL WATERWARD OF THE APPARENT HIGH WATER LINE. THE OVERALL LENGTH OF THE PIER IS 85(+/-) FEET. 2 B~ard of Trustees AppliCation~ WETLAND / TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: THIS IS A PR/VATE DOCKFOR RECREATIONAL BOATING. Area of wetlands on lot: Percent coverage of lot: Closest distance edge of wetlands: Closest distance edge of wetlands: Does the project X No LESS THAN h ACRE LESS THAN 10% between nearest existing structure and upland NO STRUCTURES - N/A between nearest proposed structure and upland 0 feet involve excavation or filling: Yes If yes, how much material will be excavated? 0 cubic yards How much material will be filled? 0 cubic yards Depth of which material will be removed or deposited: 0 Proposed slope throughout the area of operations: UNCHANGED Manner in which material will be removed or deposited: REMAINS NOT APPLICABLE 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): ~T~,L F~OS~ ~:~PL~'C.~T~'ON ~ Purposes of proposed activity: This project is the construction of a fixed pier and floating dock for recreational boating. Are wetlands present within 75 feet of the proposed activity? No X Yes Does the project involve excavation or filling? X No Yes If Yes, now much material will be excavated? How much material will be filled? Manner in which material (cubic yards) (cubic yards) will be removed or deposited: Describe the nature and extent of the reasonably anticipated resulting from project as proposed. (Use attachments if environmental impacts implementation of the necessary) It is not anticipated that this pier constructioQ p~gject will have any s.ig.nificant adverse environmental impact, as addressed in the application narrative statement or detrimental affect on flood or erosion characteristics of the site. The pier is an wood _pile and timber structure situated within the perimeter of the ruins of the stone wharf which existed in the early 1900's as a part of the old hotel complex. The pier will span the stone structure remnants from its point of beginning near the hillside path thus making use of existing~., previously altered areas and remaining clear of the tidal wetlands 3e~e~9~.?n~_~_~.~e area south of the pier site on the beach. The open pile and timbe[ s.upport system will allow for the continued free tidal flow and circulation patterns of this par% of Hay Harbor.. {See attached drawings.) 4 APR 2 2 2009 of Trustees Applicatio~ COASTAL EROSION APPLICATION DATA Purposes of proposed activity: THIS SECTION NOT APPLICABLE THERE IS NO COASTAL EROSION THREAT AT THIS SITE. Are wetlands present within 75 feet of the proposed activity? No Yes Does the project involve excavation or filling? No 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) SHEILA KENNEDY HAY HARBOR, FISHERS ISLAND NARRATIVE STATEMENT & SUPPLEMENTAL INFORMATION FOR NYS DEC, NYSfDOS AND TOWN OF SOUTHOLD APPLICATIONS JANUARY 2009 GENERAL Ms Sheila Kennedy owns parcel 1000-009-09-22.1 off Equestrian Avenue located along the west shore of Hay Harbor 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 400 feet along Hay Harbor at the easterly end, abutted by the Wilmerding family to the north and F. I. Rauch Partners, LLP, Mrs. Kennedy's family, to the south. The watertight consists of a partially rock-covered beach with tidal wetlands vegetation at the base of the moderately sloped coastal bluff in the vicinity of the pier. It is Ms Kennedy'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 boulder-strewn intertidal zone at a typical height of four feet above the bottom sediments until reaching a finished elevation of about 6.5 feet and then a level landing to shore at that elevation. Attached are application drawings prepared for this project showing this configuration and pertinent details. 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 Hay Harbor in accordance with existing guidelines set forth in the Town of Southold ordinance No. 6, 2004. It is envisioned that this swucture will be built utilizing the following general sequence and methodology. The marine contractor will arrive by water with barge-mounted crane and push boats.. New piles will be driven starting at the new shore landing end of the pier and proceeding waterward at roughly 1 O-foot intervals to the waterward end of the pier approximately 55 feet from the apparent high water line. These piles will be driven by double-acting air hammer to a bearing capacity and pull-out 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 8-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, 3 x 10 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 hms 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 secure it against 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, composite or plastic material with the brushed side mounted up. If composites or plastic are used, it will be either gray, brown or natural in color. Decking will be attached to the stringers utilizing galvanized nails or stainless steel Phillips or 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 six feet NGVD up to seven feet above the existing bottom sediments. See Sheet 4 of the application drawings for the pier profile. The piles will be about 42 inches above the deck surface and have horizontal rail members mounted to them, per the building code. The mid-rail can be timber or cable and both details are shown. A mil 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 Ms Kennedy's preference. Water and electricity will be mn out on the pier in the space between the stringers so that trickle chargers on the boat 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 mil 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 Kennedy dock proposal are a local refinement of the Long Island Sound Regional Coastal Management Program policies that apply throughout Long Island Sound. The Kennedy site is in Hay Harbor on Fishers Island and is characterized by Developed Shorefront on the east shore and south shore and, currently, undeveloped coast or natural coast on the west shore at the Kennedy site and the parcel north. The developed coast policies are applicable as follows: Policy 1 is to foster a pattern of development that enhances community character and preserves natural resources to the maximum extent and minimizes adverse impacts on the environment, Policy 2 is to preserve historic resources,' Policy 3 is to enhance and protect scenic resources and visual quality. 2 The proposed dock facility for the Kennedy's is consistent with waterfiont development on Fishers Island and in coastal areas. The pier is made of suitably-sized timbers and utilizes the materials allowable under Local Law #6. This proposal is consistent with other adjacent dock facilities and characteristics for the visual and scenic considerations in the harbor. The encroachment has been minimized to be consistent with DEC policies, Southold Local Law//6, US ACOE 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 ut'flized only when necessary for boafmg 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 fi-om 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 Kennedy recreational boating facility has been laid out and configured so as to be consistent with the DEC permit requ'~rements for such sl~'ucturas. 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 the construction of the dock should not diminish overali environmental considerations in Hay Harbor. 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 Kennedy'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, Policy 12 - Protect agricultural lands, Policy 13 - Promote appropriate use and development of energy and mineral resources. 3 While most of the Wor~W/dng Coast Policies are not applicable ; site or this type of project, Policy 10, promoting water-dependent uses and the siting of water-dependent uses in appropriate areas is applicable. 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 be accommodated with path work rather than formal stairs and so on. This project has been laid om 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 safely in a variety of climatic conditions. 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 rocks 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 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 the narrows of Hay Harbor near Tennis Racket Island so that dredging will not be an issue in the future, thus further minimizing adverse environmental impacts. More than 95% of the Kennedy's shoreline in Hay Harbor will remain in a natural state as a result of these considerations for design. There is no toss of valuable marine and wetland habitat and no water quality degradation as a result of this project. No namrai protective features or processes will be adversely impacted as a result of the proposed docking facility. There were no submerged aquatic vegetation specimens in the proposed dock or berthing area. 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. This project is consistent with zoning policies and ordinances for the Town. The dock facility will be an accessory to the home located at 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 boating and water usage 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 Hay Harbor and the floating dock is angled 45° 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 min/mi~e the pier structure. REQUIREMENTS OF SECTION 9%25 OF THE WETLANDS LAW 6, 2004 The permittee acknowledges that the validity of this penuit 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 4 acceptance, the permittee als6 agrees to indemnify and save harmiess'l~e Town and its officers. The permittec 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, Kakaralli 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 %" bolts per connection. This pier is a fixed, pile-supported timber structure with a float and therefore will not adversely affect the flee circulation of water or reduce the effects of fluctuating water levels in Hay Harbor. 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 tmiber materials represent the standard of the industry being specifically grown for this type of usage and are capable of withstanding full immersion. 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 approximately 20 years. The pier support will include driving new 8 inch diameter 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 wilt 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 located near the northerly property line. The 15-foot clearance specified in tl-tis paragraph has been honored and should not be an issue 5 .0 hm t because the proposed pier does not represent a signincant eneroac en into the boating operation area of the Ranch family to the south or the Wilmerding family to the north nor does it project into the navigation way for other boaters in the cove. The float width of 8 feet is considered necessary and appropriate for boating safety because of the angled exposure to waves fi.om the north and inherent float stability. The float will be in 2 feet of water at low tide in accordance with US ACOE standards. 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 fi.om the water. There are no permanent slructures 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 only minimal room to walk under the pier at low tide, however, foot traffic in this area is rare, if at all and so the additional structure of an up and over stairway has been left out of this pier layout. 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 Depaxhnent 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 Denendent 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 Shorefi.ont - There is no developed shoreline on this site. This project utilizes existing shorefront which is dominated by an accumulation of stone 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 pier, to the shoreward point of be~nning, has avoided the vegetated shoreline spartina fringe marsh and runs four feet above the rocky intertidal sediments and should not jeopardize the integrity of existing spartina fringe outcrops to the south. Typically there is a slight environmental benefit to a pier project because of the creation of structure in the water column where barnacles, algae and crustaceans will colonize and grow. 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 6 O Wetlands Law, No. 6, 2004 se~'forth by the Town of Southold and stanitards of the NYS DEC. The pier has been sited over a stony part of the beach to make use of the least habitat and minimize damage to natural resources. Policy 11 - Minimize Damage to Natural Resources - The dock construction project has bccn 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 stone on the beach has akeady impacted s~,rcline vegetation. 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 Hay Harbor or flooding potential of the area. Flood levels all around Fishers Island are dictated by water levels in Long Island Sound, Fishers Island Sound and Block Island Sound and this structure will have no adverse influence or in any way impact on those levels. Policy 15 - No Dredging - Dredging is not required in this project. The floating dock system has been laid out in its ctum~t location and configuration to avoid any dredging requirements. The depth of 2 feet, as generally recommended by the US ACOE, 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 except kayaking and canoeing. The intertidal zone is significantly covered by boulders and tidal wetlands fringe marsh vegetation and the shallow sub-tidai waters do not present any oppommity or enficemem 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 rights. Policy 21 - Water Dependent Recreation - This project is consistent with water-dependent recreational opporttmities 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 such an extent of 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 fi'inge 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 Wettarids - It is acknowledged that the fragmented fi'inge marsh of spartiua altema tom along the shorefi:ont is a valuable resource. The 7 construction of the fixed pile and timber pier has taken advan-~ge of the existing nn- vegetated strip of the shoreline caused by the deposit of stone 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 if other conditions are suitable but to day that has not occurred in the proposed pier site. SUMMARY This project proposes a new fixed pier and float for recreational boating access of property of the Kennedy 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 thus respectfully requested. Respectfully submitted, DOCKO, INC. Keith B. Neilson, P.E. 8 James F. King, Presiden} 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 (631 ) 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 SHEILA KENNEDY COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING being ~uly sworn, depose and say: That on th~ day of .~ F , 200~ I personally posted the prope~y known as by placing the Board of Trustees official poster where it can easily be seen, and that 1 have checked to be sure the poster has remained in place for ei~t days prior to the date of the public he~ng. Date ofhemng noted thereon to be held Wed.~ March 18~ 2009 on or about 6:00 PM. Dated:~/~/~ ~ ~~~ (si~ature) Sworn to before me this ~-~ day o f P~]A-~200 ~ NOTICE TO ADJACENT BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: SHEILA KENNEDY PROPERTY OWNER SCTM# 1000-009-9-22.1 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 55 (+/-) LF of 4-foot wide wood pile and timber pier including four tie-off pilings, install an 8' x 20' float with associated hinged ramp and restraint piling all waterward of the apparent high water line. The overall length of the pier is 85 (+/-)LF. o That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Property off of Equestrian Avenue 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: SHEILA KENNEDY MAILING ADDRESS: 194 LAKEVIEW AVENUE, CAMBRIDGE, MA 02138-2132 PHONE (631) 788-7499 Enc.: Copy of sketch or plan convenience. showing proposal for your PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Harold P. Wilmerding F.I.Rauch Partners, LLP Mr. Roderick L. Hickey, III Ms Amy M. Marany Attn: Dr. Wilmerding Walter C & Susan T. Keenan 55 Roxiticus Road Mendham, NJ 07945 501 Park Avenue Collingsworth, NJ 08108 446 E. 86th St.Apt 9F New York, NY 10028 2518 Canes Road Owings Mills, MD 21176 1000 Mason St.,Apt 801 San Francisco,CA 94108-1976 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 13th day of February , 2009, 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 ~nailed to each of said persons by (certified)(registered)mai~Z. ~~.~ _~ ~ Sworn to before me this /~'/~ Day of ~/'6/J~/ , 20 0~ /~/ Notar~ Public ~/ 6 ILl Postage Certified Fee nj I~] Return Receipt Fee D (EndorSement Required) D Restdcted Delivery Fee (Endorsement Required) ~ Totsl Postage & Fees _ 70 Postage Certified Fee Return Receipt Fee (EndorSement Required) Restricted Delive ~' Fee (Eodomement Required) Total Postage & Fees m n.i Postage Cedffied Fee ru ~l Return Receipt Fee ~ (Endorsement Required) (Endorsement Required) _'~ Total Postage & Fees $ of Trustees ApplicatJ County of Suffolk State of New York SHIELA KENNEDY 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 D~/~AGES 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 , 20o_8 DAY OF Notary Public 7 Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, SHEILA KENNEDY residing at 194 LAKEVIEW AVENUE, CAMBRIDGE, (print owner of property) (mailing address) MA., 02138-2132 do hereby authorize DOCKO, INC., (Agent) MYSTIC, CT to apply for permit(s) from the Southold Board of Town Trustees on my behalf. ~~('Cwner's signature) 8 617.20 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 action may be significant. The question of whether an action may be significant is not always easy to answer. Frequerrdy, 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 environment or may not be technically expe~ in environmental analys~. 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 deter'ruination process has been orderly, comprehensive in nature, yet flexible enough to allow iobuduction of information to fit a project or action. Full FAF Components: The full FAF 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 identifying the range of possibla impacts that may occur from a prc~ect 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 both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: NC. 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 SHE1LA KENNEDY - NEW 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 envimnmenL 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 PIER & FLOAT Location of Action (include Street Address, Municipality and County) EQUESTRIAN AVENUE Name of Applicant/Sponsor SHEILA KENNEDY Address 194 LAKEVIEW AVENUE City / PO CAMBRIDGE State MA Zip Code 02138-2132 Business Telephone (631) 788-7499 Name of Owner (if different) Same as Owner Address c~y / PO Business Telephone State Zip Code Description of Action: CONSTRUCT 55 (+/-) LF OF 4-FT WIDE FIXED WOOD PILE AND TIMBER PIER INCLUDING 4 TIE-OFF PILINGS AND AN 8' X 20' FLOAT WITH ASSOCIATED HINGED RAMP AND RESTRAINT PILING ALL WATERWARD OF THE APPARENT HIGH WATER LINE. THE OVEKALL LENGTH OF THE PIER IS 85 (+/-) FEET. 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: r'-] urban [] Industdal [] Commercial D Forest F-] Agriculture N Other ~'~ Residential (suburban) ]Rural (non-farm) 2. Total acreage of project ama: 1.9 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) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) PRESENTLY 0.3 acres ! acres 0 acres 0 acres 0 acres 0.3 acres 0.3 acres 1.9 acres AFTER COMPLETION 0,3 acres I acres 0 acres 0 acres 0 acres 0.3 acres 0.3 acres 1.9 acres What is predominant soil type(s) on project site? a. Soil drainage: r~weil drained ]00 % of site N Poorly drained % of site D Moderately well drained % of site. 4. Are there bedrock outcroppings on project site? [] Yes a. What is depth to bedrock (in feet) 5. Approximate percentage of proposed project site with slopes: r~0.10% 35% r~llo. 15% 25% F~ 15% or greater 40 % 6. is project substantial~ontiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? ~ Yes r~ No is project substantially contiguous to a site listed on the Register of National Natural Landmarks? F=~ Yes [~]No If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). [] No What is the depth of the water table? 0 (in feet) Is site located over a primary, principal, or sole source aquifer?. ]Yes [] No []Yes r'=] No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? iccordin~ to: Identi ,~ each species: 12, Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? DYes [~No ~]Yes Describe: [~]No 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ElNo If ~'es, explain: 14. Doos the present site include scenic views known to tie important to the commune? DYes [~]No 1 5 m Streams within or contiguous to project area: INONE a. Name of Stream and name of River to which it is tributar~ SITE IS LOCATED ~ONG THE W-EST EDGE OF HAY ]~AEBOR. 16. Lakes, ponds, wetland areas within or contiguous to project ama: FRINGE MARSH OF SPARTINA ALONG THE SHORELINE, MAINLY SOUTH OF THE PROPOSED DOCK SITE. b. Size (in acres): LESS THAN ONE THIRD OF AN 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. ff YES, will improvements be necessary to allow connection? ]No DYes ~No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? r-]Yes [~]No 19. Is the site located in or substantiall,/contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? [] Yes [] No 20. Has the site ever been used for the disposal of solid or hazardous wastes? 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: b. Project acreage to be developed: 0.] acres initially; c. Project acreage to remain undeveloped: !.$ acres. d. Length of project, in miles: ! !0 ff.+/- (if appmpriste) e. If the project is an expansion, indicate percent of expansion proposed. ~ f. Number of off-street parking spaces existing 3 +/-; proposed 3 +/- g. Maximum vehicular trips generated per hour: h. If residential: Number and type of housing units: One Family Two Family Initially ] Ultimately ! i. Dimensions (in feet) of largest proposed structure: ]2 ft. height; j. Linear feet of frontage along a public thoroughfare proJect will occupy is? 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? 3. Wilt disturbed areas be reclaimed F-~Yes r-]No []N/A a. If yes, for what intended purpose is the site being reclaimed? r-]Yes [] No ].9 acres. 0.1 acres ultimately. (upon completion of project)? Multiple Family Condominium 6 ft. width: ! ] 0 ft. length. N/A f~. NONE tons/cubic yards, 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? 0 acres. Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? r~Yes [~]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? [] Yes [] No 9. Number ofjobs generated: dudng construction 3; after project is complete 10. Number of jobs eliminated bythis project 0 11. Will project require relocation of any projects or facilities? [] Yes [] No If yes, explain: I":1 12. Is surface liquid waste disposal involved? I I Yes I=lNo a. If yes, indicate type of waste (sewage, industhal, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [] Yes [~"] No Type 14. Will surface area of an existing water body increase or decrease by proposal? [] Yes r~No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? ~"1 Yes 16. Will the project generate solid waste? [] Yes [] No '--1No a. If yes, what is the amount per month?__ tons b. If yes, will an existing solid waste facility be used? F'~ Yes [] No c. If yes, give name ; location d. Wilt 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? r'-JYes r~lNo 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)? DYes J~JNo 20. Will proJect produce operating noise exceeding the local ambient noise levels? [] Yes J--'J No 21. Will project result in an increase in energy use? [] Yes J~J 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 Local, State or Federal funding? ~ Yes [] No If yes, explain: Page 7 of 21 25. Approvals Required: Type Submittal Date Town of Sunthold Sunc 2008 City, Town, Village Board ~'{ Yes N No City, Town, Village Planning Board r"~Yes N No City, Town Zoning Board [] Yes r-~ No city, county Health Department r"l Yes r'~ No Other Local Agencies DYes [] No Other Regional Agencies F-'lYes [] No State Agencies r~l Yes ~ No New York State DEC New York State DOS U.S. Army Corps of Engineers June 2008 June 2008 June 2008 Federal Agencies [] Yes ~ NO C. Zoning and Planning Infommtion 1. Does proposed action involve a planning or zoning decision? ["lYes If Yes, indicate decision required: r--]Zoning amendment F--~ Site plan r~No ~'"] Zoning variance ~--1 Special use permit r'-~ New/revision of master plan r~ Resource management plan ~] Subdivision Page 8 of 21 What is the zoning classification(s) of the site? I]~;SIDENTZ~L What is the maximum potential development of the site if developed as permitted by the present zoning? What is the proposed zoning of the site? RESIDENTIAL - THERE IS NO KNOWN PLAN TO CHANGE ZONING FROM RESIDENTIAL 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? r~ Yes 7. What are the predominant land use{s) and zoning classifications w~;.hin a ~ mile radius of proposed action? RESIDENTIAL [~]No 8. Is the proposed action compatible with adjoining/surrounding land uses with a Y4 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 a. If yes, is existing capacity sufficient to handle projected demand7 [] 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 traffic, DYes I DYes [] No r-INo D, Infml Details Attach any additional information as may be needed to clarify your project. If them are or may be any adverse impacts assec~ated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Vefif'mation I certify that the infem~ati(m provided above is true to the best of my knowledge, Applicant/Sponsor Name SHEILA KENNEDY Date Title OWNER & APPLICANT If the action is in the Coastal Ama, and you are a sta~ agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM 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 wilt 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~ listinll both supporting and non-supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's Office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 009-09-22.1 PROJECT NAME: New Pier & Float (Sheila Kennedy) 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 88 (+/-) LF of 4-foot wide fixed wood pile and timber pier, including 4 tie-off piliings and an 8' x 20' float with associated hinged ramp and restraint pilings, all waterward of the apparent high water line. Location of action: Property off Equestrian Avenue in Hay Harbor. Site acreage: Parcel = 1.9 Acres Present Land use: Residential Present Zoning Classification: Residential 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: a) Name of applicant: Sheila Kennedy b) Mailing Address: 194 Lakeview Avenue, Cambridge, MA 02138-2132 c) Telephone number: Area Code (631) 788-7499 d) Application number, if any Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No __ If yes, which state or federal Agency? US ACOE, NYS DEC C. Evaluate the project to the following policies by analyzing how the project wffi 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 IH - Policies; Page 2 for evaluation criteria. X Yes __ No __ Not Applicable This dock facility construction pmiect makes appropriate use of an existing residential property 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 maintain a deck elevation of 6.5 feet until clear of the rocks and a 4-foot deck clearance over the bottom sediments until passing the apparent low water line. The pier has been located beyond (north of) the limit of the adiacent spartina fringe marsh. 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 IH - Policies Page 3 through 6 for evaluation criteria. __ Yes No X Not Applicable 2 quah~d Policy 3. Enhance visual . . protect scenic resources throug~t the Town of Southold. See LWRP Section HI - Policies Pages 6 through 7 for evaluation critePlr 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 proiect is the Raueh family next door to the south and the Wilmerdin~s to the north across Hay Harbor but the visual impact will not be significant because of the wooded bank and vegetated background; neither neighbor obieets to the proieet. The dock faciliW 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 IH - Policies Pages 8 through 16 for evaluation criteria. __ Yes __ No X Not Applicable The pier and float system is located in Hay Harbor and is acknowledged to be in a flood-prone area; there is some wave exposure at this site even storms or fronts generate northerly and northeasterly winds. The pier is 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. Pile sizes have been minimized in accordance with Town of Southold Local Law//6 and stated preferences of the Board of Trustees. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI - Policies Pages 16 through 21 for evaluation criteria. Yes __ No X Not Applicable This proiect will not have any adverse 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 IH - Policies; Pages 22 through 32 for evaluation criteria. X Yes No . Not Applicable This proiect is can~i~tent 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 do not exist 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 t3'pe of project in this location, except for deckin~ which will be of untreated woods or composite (or plastic) materials in accordance with Town of Southold Local Law #6. The design parameters shown on the drawings provides an optimum balance between acceptable design and access standards and maintain suitable conditions for the wetlands vegetation to spread. The pier encourages habitat enhancement by providing some limited structure through the intertidal zone. Policy 7. Policies Pages 32 through 34 for evaluation criteria. Protect and improve air quality in the Town of Southold. See LWRP Section IH - Yes No X There are no ak qualit~ issues related to this proiect. facility. Not Applicable No emissions will be generated by the dock Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. __ Yes __ No X Not Applicable There is no solid waste or ha?ardous substances to be generated fi.om this proiect. The pressure-treated wood trimmings fi.om the dock construction will be collected and disposed of in accordance with current regulations so as lo minimize harmful affects. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lauds, and public resources of the Town of Southold. See LWRP Section IH - Policies; Pages 38 through 46 for evaluation criteria. __ Yes __ No X Not Applicable This proiect 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 fi.om the high tide line, out. These environmental resources are being protected by the design standards dictated by the NYS DEC and the Town of Southold Local Law #6.. 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 adversely 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 IH - Policies; Pages 47 through 56 for evaluation criteria. X Yes __ No __ Not Applicable This proiect is to build a wood pile and timber pier and install a new ramp landing on a fioating dock for water-dependent, recreational and transportation boating. This usage is defined as water-dependent in the LWRP because the pier and float provide for recreational boating and will provide occasional boat transportation access to the mainland. The pier ban been sited along the northerly edge of the property because of the advantage of water depth at the point where 25% of the waterway limits pier encroachment and to span the stone / boulder strewn area on the beach where habitat values re less than those further to the south. The pier site will minimize habitat impact. The pier elevation should provide an oppommity for tidal wetlands vegetation to 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 IH - 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 m - 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 HI - Policies; pages 65 through 68 for evaluation criteria. Yes __ No X Not Applicable This pier is not used for or in support of any energ~ or mincm] min/ng or processing operations. PREPARED BY: Keith B. Neilson. P.E. . TITLEAe~gg~_DATE 2008 Docko, I nc. Serving the waterfront community since 1987 Box 421, Mystic, Gl 06355 (660) 572-6939 Vax: (860) 572-7569, email: docko@snet.net February 12, 2009 Jim King, President Southold Board of Trustees P.O. Box 1179 Southold, NY 11971' FEB '1 7 2009 Re: Sheila Kennedy, Fishers Island New Pier & Float Hay Harbor, Fishers Island Dear Mr. King: On behalf of Ms Sheila Kennedy, we enclose herewith the following in support of her permit application for a new pier and float in Hay Harbor on Fishers Island. Two prints each of plans titled: Projecv. Waterway: Location: Applicant: Date: "New Pier & Float" Hay Harbor Fishers Island, Town of Southold Suffolk County, New York Sheila Kennedy February 28, 2008 Two copies of the Southold Board of Trustees permit appticat'mn, SEQR-Part 1, LWRP Consistency Assessment Form, Tax Assessor's Map, Environmental Questionnaire, site photographs and location map and topographic and boundary survey of the site as welt 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 fred this application package complete and acceptable; please let me know if the need for further information arises. Very truly yours, DO~.KO. INC. t- Keith B. Neilson, P.E. KBN.'jm Enclosures CC: Shells Kennedy US ACOE NYS DEC: Environmental Permits NYS DOS File: 07-09-1976 KENNEDY N N~ ~D ~OAT ~ N/F l:::~12-Ol:::'El~:~r' OF 12,AUCH SOUTHOLID TOWN OF .~OUT~OLD TAX ~ I~¢I~F-.ID 4--7--(29 %0.~. DF-.~C~I:m'ION LOC:. $ DF-....~2~[2TION 16 39Sy 33 LOCATION NCrFE~: il ~t NiVATION DATUM I~ N~'VO 2. 'q[D~ DATA I¢ TAKEN FI~:DM 2007 NO. AA ~E ~ ~ OF ~E ~A~. ~O~. ~ ~ ~ ~N~ON ~ ~CU~ENT~. ~. ~JOININ~ ~ NO~: F.I. ~CH P~, CO~W~D, ~ N~ ~E~ ~O ~OAT LOCA"qON: R~HEI~ I~LAND, TOWN OF ~OUTHOL~ ~UP--FOL~ COUN'P¢, N~vV yol:2.K CONCI~STE _ NOTE: NO 05P'P.E'r' PO~ F=c~ WEP. E OB~E~L'VED 'vViTHIN 500-FT OF THE ~rTE E. XI~TIN~ ~ONI~IT'ION~ I I I I NOTE: ,ALL ELEVATION~ M~,.~U~E~ IN ~ t~:2~. PP-OJECT: LOCATION: - - .~ 5V C.M.E. NE~V PIEI~ ANI~ FI5H,FJ~.5 I~LAND, TO'~FN OF .50UTHOLD ~UFFOL.K COUNTY. NE%,V YOPJ~ VFAT~kA~VAY: HAy HARBOR DAT~ FEBPJ.JA,~Y 2-~. APFt. ICANT: ,.~-I~ILA ~NN~ ~ENT: 5H~ 2 ~ ~ DOC~O, INC. Pl;2-.O PEP-.TY 1ERDIN®, x 425 270~T* TO REVVED ~-4-O8 PIER ELEVATION. I I::N~TH, ALVVL DIM. is UR-AND C, ALLOUTfi FLOAT CALLOLrT 12~'VICEID 4-7-09 T.O.¢. FLOAT ~IZ~, TIE-OFF PlL-E~ [',OARD OF' - PROPEgf'Y OF: KENh I:~2JECT: NEVV PIER/M~IO FLOAT LOCA~ON: FI~HER'~ I~LAND, TOWN OF ,~DUTHOLD ~UFFOI.~ COUNTY, NE'W YOI2Y-. ~V'AID~VA¥: HAy HA~BO~ DATE: FEBI2JJARPr' 29, 2008, APC~CANT: ~HEILA KENNEDY A~ENT: ~HEET ..3 OF 4 EDOC~O, INC. Keith B. Nell.con, ~ M~c, ~ ~355 E~L doc~en¢.~ ! N~ DECKIN~ - N~q' ~ Tt~TE~D. f-~N~:~VC~DID~ NOT~ NO ~U~O~ Pl~ TOP EL 42 IN. N~ GONDU~ and ~PE ~ 274'~ ...... END VIEVv' FLOAT ~U~I:~N~ION :24-1N G~GE N~O~z WA~r IDE~H AT FLOAT 0 EDGE DETAIl-- 0 ~UND BE~INN/N~ OF ~ ~TOP EL ~2 IN. ~ DECK ~ TEt~.NA TE C,~LE RAIL~ ~OJEGT: NGVD 29 DATUM NE~V PI~ AND FLOAT LOCA~ON: R~HE~ 5LAND, TOWN OF,~DUTHOLD 5UPT-OI,-KCOUN'Pf',NE~,VYORK WATERWAY: HAY ~R DATE: FD~I~,AI~ 2.9, ~CANT: .~:,HEILA KENNEEh' A~ENT: .~HF_.ET 4 OF 4- E~OCK. O, INC. 0. Neil~n, ~b~'~c, CT 0~355 572 ~9 FAX ~0 572 ABANDONED HAROLD P. WlLMERDING EDGE OF TRAIL~ [ / STAKE RETAINING WALL REMAINS EDGE OF GRANITE STEPS EDGE OF CONCRETE WALKWAY GRANITE STEPS QUALITY CONTROL CERTIFICATION Dla3UP TOP OE EMBANKMENT EDGE OF ROCKY SHORE BOSOM OF EMBANKMENT EDGE OF ROCKS/BOULDERS SURVEf \x HARBOR \ \ STAKL~ ORAN,~ SCALE 1 "=400'. MAPz NORWICH, CT,; DATE: FEBRUARY 22, 1993; SCALE: 1"=40; SHEET 1 OF 1 I,) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED HEREON, ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO BEPNEEN THE CUENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE ENGAGEMENT, 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN ITEM IN ANY WAY. 3,) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF THE LAND SURVEYOR. 4.} COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC SURVEY ~RIANGULATION STATION 'PROS" 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUN]Y OF SUFFOLK TAX MAP 1000, SECTION 009, BLOCK g, LOT 22.1 6.) TOTAL AREA = 1,91' ACRES. 7,) SITE IS LOCATED IN R-80 ZONE. 8,) APPUCANT: SHEILA KENNED~ 194 LAKEVIEW AVENUE CAMBRIDGE, MA 02138 N/F R. STEWART RAUCH, JR. \ g.} BASE FOR LEVELS: NGVD 1929. N/F NOW OR FORMERLY VOL VOLUME PG PAGE SF SQUARE FEET -- 10-- -- EXISTING CONTOURS x 2.5 SPOT GRADE /% /% RETNNING WALL DATE: 01/14/2008 SCALE: 1" = 30' SHEET: 1 Of 1