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~ "
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FAX ~0 E72 ~
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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