HomeMy WebLinkAbout1000-10.-1-9OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
Main Rd. & 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
Re:
Chapter 268, WATERFRONT CONSISTENCY REVIEW
Wetland Permit for FISHERS ISLAND YACHT CLUB
SCTM# 10-1-9
Docko, Inc. on behalf of FISHERS ISLAND YACHT CLUB requests a Wetland Permit to dredge 13,000 cy. of
sandy silt with a l' over-dredge allowance of 6,000 cy. over 145,000 sf. by clamshell bucket for open water disposal
at New London. Remove existing "A' dock with sailing program float, "B" dock with floating "T" end and dinghy
dock, construct 36 If. of 7' wide main pier extension and seven 30'X 4' fixed fingers with associated support and tie-
off/fender piles. Install 228 If. of 8' wide main float with eighteen 20'X 3' finger floats, 216 If. of 8' wide main float
with thirteen 20'X 3' finger floats, two 20'X 4' finger floats, two IYX 42' and one 19'X 42' sail floats all with
associated ramps, restraint piles and tie-off/finger piles. Reconstruct or replace an existing 12'X 20' floating dinghy
dock waterward of the apparent high water line, and install a small boat crane landward of the apparent high water
line. Located: Central Ave., Fishers Island. SCTM#10-1-9
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold
Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department, 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.
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem.
6.3 Protect and restore tidal and freshwater wetlands.
A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and
regulation for all Andros Patent and other lands under their jurisdiction
1. Comply with Trustee regulations and recommendations as set forth in Truslee permit conditions.
The subiect parcel (SCTM# 10-1-9) is zoned R-80 Residential. Only one catwalk (dock) is permitted per
residential lot pursuant to § 275-11. Therefore, the proposed actions are not in compliance with § 275-11
Construction and operation standards as referenced below.
§ 275-11 Construction and operation standards.
C. In water. The following standards are required for all in-water operations adjacent to residential properties.
Operations conducted on properties zoned MI or M2 may be given greater flexibility in these requirements given the
water-dependent nature of their use.
(2) Docks.
(c) Regulations for the placement and configuration of docking facilities.
[1 ] Residential docks.
[a] Only one catwalk may be permitted per residential lot. Only one mooring or dock may be permitted per
residential lot. Upon a showing of special need due to low water level and hazard to property, the Trustees may
permit both a mooring and a dock for the same residential property.
Furthermore~ zoning use regulations for lots zoned R-80 would prohibit the actions~ as proposed pursuant to
280-13.
§ 280-13 Use regulations.
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a
building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any
uses except the following:
(3) Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subject
to the following requirements:
There shall be docking or mooring facilities for no more than two boats other than those owned and used
by the owner of the premises for his personal use.
(b) The Town Trustees shall approve new boat docking facilities.
(c) Boats at such docking facilities shall not be used for overnight sleeping purposes.
If the agency~ Board of Trustees makes a contrary determination of consistenc% 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 is inconsistent with the LWRP, and the
agency makes a contrary determination of consistency, the agency 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 policy standards.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written
determination regarding the consistency of the proposed action.
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
Main Rd. & Youngs Ave.
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOVO1 OF SOUTHOLD
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 FISHERS ISLAND YACHT CLUB
SCTM#10-1-9
Docko, Inc. on behalf of FISHERS ISLAND YACHT CLUB requests a Wetland Permit to dredge 13,000 cy. of
sandy silt with a l' over-dredge allowance of 6,000 cy. over 145,000 sf. by clamshell bucket for open water disposal
at New London. Remove existing "A" dock with sailing program float, "B" dock with floating "T" end and dinghy
dock, construct 36 If. of 7' wide main pier extension and seven 30'X 4' fixed fingers with associated support and tie-
off/fender piles. Install 228 If. of 8' wide main float with eighteen 20'X 3' finger floats, 216 If. of 8' wide main float
with thirteen 20'X 3' finger floats, two 20'X 4' finger floats, two 13'X 42' and one 19'X 42' sail floats all with
associated ramps, restraint piles and tie-off/finger piles. Reconstruct or replace an existing 12'X 20' floating dinghy
dock waterward of the apparent high water line, and install a small boat crane landward of the apparent high water
line. Located: Central Ave., Fishers Island. SCTM#10-1-9
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold
Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department, 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.
§ 275-11 Construction and operation standards.
C. In water. The following standards are required for all in-water operations adjacent to residential properties.
Operations conducted on properties zoned MI or M2 may be given greater flexibility in these requirements given
the water-dependent nature of their use.
§ 275-1! Construction and operation standards.
(2) Docks.
(c) Regulations for the placement and configuration of docking facilities.
ill
Residential docks. [Amended 10-11-2005 by L.L. No. 17-2005]
la] Only one catwalk may be permitted per residential 1o~ Only one mooring or dock may be permitted per
residential lot. Upon a showing of special need due to low water level and hazard to property, the Trustees may
permit both a mooring and a dock for the same residential property. [Amended 12-18-2007 by L.L. No. 23-2007]
§ 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891
In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a
building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any
uses except the following
Boat docking facilities for the docking, mooring or accommodation of
noncommercial boats, subject to the following requirements:
There shall be docking or mooring facilities for no more than two boats other than
those owned and used by the owner of the premises for his personal use.
The Town Trustees shall approve new boat docking facilities.
Boats at such docking facilities shall not be used for overnight sleeping purposes.
§ 280-47 Purpose.
The purpose of the General Business (B) District is to provide for retail and wholesale commemial development and
limited office and industrial development outside of the hamlet central business areas, generally along major highways. It
is designed to accomtnodate uses that benefit from large numbers of motorists, that need fairly large parcels of land and
that may involve characteristics such as heavy tracking and noise.
§ 280-48 Use regulations
B. Uses permitted by special exception by the Board of Appeals. The following uses are pemfitted as a special
exception by the Board of Appeals as hereinafter provided, except Subsection B (17), which may be permitted as a
special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the
Planning Board. [Amended 6-20-2006 by L.L. No. 8-2006]
§ 280-52 Use regulations.
In an MI District, no building or premises shall be used and no building or part of a building shall be erected or altered
which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A
(1) hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989]
One one-family detached dwelling per single and separate lot of record in existence as of the date of
adoption of this article.
Marinas for the docking, mooring and accommodation of recreational or commercial boats, including the sale of
fuel and oil primarily for the use of boats accommodated in such marinas.
Boat docks, slips, piers or wharves for pleasure or fishing trips or for vessels engaged in fishery or shellfishery.
Boatyards for building, storing, repairing, renting, selling or servicing boats, which may include the following as
an accessory use: office for the sale of marine equipment or products, dockside facilities for dispensing of fuel
and, where pumpout stations are provided, rest room and laundry facilities to serve overnight patrons.
Boat and marine engine repair and sales and display, yacht brokers and marine insurance brokers.
Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districtsand
fire districts.
Retail sale or rental of fishing, diving or bathing supplies and equipment if accessory to a marina or boatyard or
ship's loft or chandlery.
(1)
B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a
special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the
Planning Board:
Beach clubs, yacht clubs or boat clubs, including uses accessory to them, such as swimming pools, tennis
courts and racquetball facilities.
§ 280-55 Use regulations.
In the MII District, no building or premises shall be used and no building or prat of a building shall be erected or altered
which is arranged, intended or designed to be used, in whole or in part, for any uses except the following (one use per
80,000 square feet of land above mean high water, unless otherwise specified):
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection
A(1) hereof, are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L. No. 6-1989]
One one-family detached dwelling per single and separate lot of record in existence as of the date of adoption of
this article.
Marinas for the docking, mooring and accommodation of recreational or commercial boats, including the sale of
fuel and oil primarily for the use of boats accommodated in such marina.
Boat docks, slips, piers or wharves for charter boats carrying passengers on excursions, pleasure or fishing trips
or for vessels engaged in fishery or shellfishery.
Beach clubs, yacht clubs or boat clubs, including uses accessory to them, such as swimming pools, tennis courts
and racquetball facilities.
Boatyards for building, storing, repairing, renting, selling or servicing boats, which may include the following as
an accessory use: office for the sale of marine equipment or products, dockside facilities for dispensing of fuel
and, where pumpout stations are provided, rest room and laundry facilities to serve overnight patrons.
Mariculture or aquaculture operations or research and development.
Boat and marine engine repair and sales and display, yacht brokers or marine insurance brokers.
§ 280-4 Definitions. [Amended 7-31-19731
CLUB, YACHT -- A not-for-profit corporation, as defined by § 102 of the Not-For-Profit Corporation Law of the State
of New York, established for the principal purpose of engaging in recreational boating. The activities of such a "yacht
club" shall be limited to its members and their guests and shall not be extended to the general public. The term "yacht
club" shall be deemed to include the term "marina" but shall not be deemed to include the term "boatyard" except for the
out-of-water storage of members' boats.
MAR1NA or BOAT BAS1N -- Any premises containing one or more piers, wharves, docks, moorings, bulkheads,
buildings, slips, basins or land under water, designed, used or intended to be used primarily for the docking or mooring of
boats, for or without compensation.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written
determination regarding the consistency of the proposed action.
A. INSTRUCTIONS
All applicants for permils* including
CCAF for proposed actions that are
Consistency Review Law. This
information used by a Tow-n of
consistency.
ministerial permits not
other
of
4
Before answering the questions
the exempt minor action list, policies
Town of Southold Local Waterfront
be evaluated as to its significant
(which includes all of Southold Town).
should review
'each policy contained in the
A
3. If any question in Section C on this form is "yes" or "no", then
proposed action will affect the achievement' the LWRP policy standards
.,~-~ conditions ~.~ ned in the consistency review m each must
.x~x° ~ ail list'm both su ortin
ant
cann~J~ ccrtifi :d as consistent with the LWRP >o
C'x / ,5~A copy of the LWRP is available in the followinI ]~ online at
.x~ k~ website (southoldtown.northfork.net), the Board Office, the
~q~ Department, all local libraries and the Town Clerk's
B. OESCmm ON o 'srre
SCTM# 1000 -010-1-9
PROJECT NAME: FISHERS ISLAND YACHT CLUB
The Application has been submitted to (check appropriate 'x --~
Town Board Planning Board Building Board of T~t~s
1. Category of Town of Southold agency action (check appropriate r'~,~):
a) Action undertaken directly to Town agency (e.g. capital ~, - '~
construction, planning activity, agency regulation, land transactiofl,y
b) Financial assistance (e.g. grant loan subsidy)
c) Permit, approval, license, certification:
Nature and extent of action: DREDGE 13,000 (+/-) CY OF
ALLOWANCE OF 6,000 (+/-) CY OVER 145,000 (+/-) SF BY
DISPOSAL AT NEW LONDON (NLDS). REMOVE EXISTING "A" DOCK
FLOAT, "B' DOCK (PIER) WITH FLOTING "T" END AND DINGHY DOCK, CON5
FT. WIDE MAIN PIER EXTENSION AND SEVEN 30 (+/-) LF X 4-FT. WIDE
ASSOCIATED SUPPORT AND TIE-OFF/FENDER PILES. INSTALL 228 (+/-)
FLOAT WITH EIGHTEEN 20 LF X 3-FT. WIDE FINGER FLOATS,
FLOAT WITH THIRTEEN 20 LF X 3-FT. WIDE FINGER FLOATS, TWO 20 LF 3
TWO 13-FT. X 42-FF AND ONE 19-FT. X 42-FT. SAIL FLOATS ALL
RESTRAINT PILES AND TIE-OFF / FENDER PILES, RECONSTRUCT OR
20' FLOATING DINGHY DOCK WATERWARD OF THE APPARENT
SMALL BOAT CRANE LANDWARD
Location of action: Central Avenue, southwest comer of West Harbor
Site acreage:
Present Land use: Commercial
Present Zoning Classification: Commercial
If an application for the proposed action has been filed with the Town of Southold agency,
the following information shall be provided:
a) Name of applicant: Fishers Island Yacht Club
b) Mailing Address: c/o Mr. Burton G, Tremaine, III, Marine Committee Chairman
P.O. Box E, Fishers Island, New York 06390
c) Telephone number: Area Code (631) 788-7036
d) Application number, if any
Will the action be directly undertaken, require funding, or approval by a state or federal
agency?
Yes X No
If yes, which state or federal Agency? US ACOE, NYS DEC
Evaluate the project to the following policies by analyzing how the project will further
support of not support the policies. Provide all proposed Best Management Practices that
will further each policy. Incomplete answers will require that the form be returned for
completion.
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community
character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a
coastal location, and minimizes adverse effects of development. See LWRP Section IH - Pol'p:ies;
Page 2 for evaluation criteria.
X Yes __ No __ Not Applicable
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section IH - Policies Page3 through 6 for evaluation criteria.
__ Yes __ No X Not Applicable
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold.
See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
__ Yes __ No X Not Applicable
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See
LWRP Section III - Policies Pages 8 through 16 for evaluation criteria.
__ Yes __ No X Not Applicable
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 pro'lect will not have any affect on suitability of or availability of drinking water on Fishers Island.
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems
including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III -
Policies; Pages 22 through 32 for evaluation criteria.
X Yes __ No __ Not Applicable
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III -
Policies Pages 32 through 34 for evaluation criteria.
__ Yes __ No X Not Applicable
There are no air quality issues related to this project.
Policy 8. Minimize environmental degradation in Town of Southoid from solid waste and
hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for
evaluation criteria.
__ Yes __ No X Not Applicable
There is no solid waste or hazardous substances to be generated from this proiect.
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and
public resources of the Town of Southold. See LWRP Section IH - Policies; Pages 38 through 46
for evaluation criteria.
Yes No X Not Applicable
This project is being conducted on private land. The public trust lands and waters constitutes the area
between the mean high water line and mean low water line and the resources are from the high tide line,
out. These environmental resources are being protected by the design standards dictated by the NYS
DEC.
WORKING COAST POLICIES
Policy 10. Protc~ Southold's water-dependent uses and promote siting of new water-dependent
uses in suitable locations. See LWRP Section HI - Policies; Pages 47 through 56 for evaluation
criteria.
X Yes __ No __ Not Applicable
4
Policy 11. Promote sustainable use of living marine resources in Long Island Sound the Peconic
Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation
criteria.
Yes __ No X Not Applicable
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies;
Pages 62 through 65 for evaluation criteria.
Yes No X Not Applicable
Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP
Section III - Policies; pages 65 through 68 for evaluation criteria.
Yes __ No X Not Applicable
PREPARED BY: Keith B. Neilson, P.E. TITLE Agent DATE February 12, 2009
FISHERS ISLAND YACHT CLUB
WEST HARB. OP. FISHERS ISLAND
NARRATIVE STATEMENT & SUPPLEMENTAL INFORMATION
JANUARY 19, 2009
GENERAL
Fishers Island Yacht Club leases parcel 1000-010-1-9, owned by the Fishers Island
Development Company, off of Central Avenue located along the west shore of West Harbor
on Fishers Island. The site is flat to gently sloped, sandy, gravel earthen matarials, vegetated
with grass, brush, ground cover and trees. The frontage of the property is approximately 300
feet along West Harbor abutted by the Goose Island Corporation to the east and Mr. & Mrs.
Gregory Sharp to the west. The waterfront consists of a rock revetment lined shore along the
north, tidal wetlands fringe vegetation at the base of the gently sloped tree-lined terrace to the
sonth of the pier.
It is the Fishers Island Yacht Club's desire to make dock modifications to their piers
and floating dock system south of the main pier and dredge to optimize the geometry and
usefulness &the dock facilities. Attached are application draw'rags prepared for this project.
This supplemental narrative has been prepared in accordance with the requirements of
Town of Southold, Ordinance No. 6, 2004, and the Waterfront Revitalization Program related
to docks and shorefront improvements. In addition, various coastal policies under the New
York State Coastal Management Act are addressed herein tbr review by the New York State
Department of State and Department of Environmental Conservation.
DESCRIPTION OF WORK
The project is to replace various wood floating docks with concrete floating docks and
finger piers, make minor modifications to the fixed pier at the southeast end of the dock
facilities and dredge 13,000 (+/-) CY of marine sandy silts mechanically over an area of
145,000 (+/-) SF with a one-foot overdredge allowance of 6,000 (+/-) CY for open water
disposal at the New London open water disposal are (NLDS) h~ Long Island Sound in
accordance with existing guidelines set forth by the US Army Corps of Engineers (NY and
New England Regions), the NYS DEC, NYS DOS and the Town of Southold.
It is envisioned that the pier structures will be built utilizing the following general
sequence and methodology.
The marine contractor will arrive by water with barge-mounted crane and push boat or
tug and work boats or dredge scow.
LOCAL WATERFRONT REVITALIZATION POLICIES
The Town of Southold, LWRP policie~ that are applicable to the Fishers Island Yacht
Club dock extension are a local refinement of the Long Island Sound Regional Coastal
Management Program policies that apply throughout Long Island Sound under the Coastal
Zone Management program administered by the NYS Department of State. The site is in
West Harbor on Fishers Island and is characterized as Developed Coast on the east shore at the
Hay Harbor Club site to the parcel north and south shore and currently undeveloped coast or
natural coast on the west shore The developed coast policies are applicable as follows:
Policy I is to foster a patteru of development that enhances colmnunity character and
preserves natural resources to the maximum extent and minimizes adverse impacts on
the environment,
Policy 2 is to preserve historic resources,
Policy 3 is to enhance and protect scenic resources and visual quality.
The proposed dock modifications are consistent with waterfront development on
Fishers Island and in coastal areas. The proposed work is reconstruction, conversion (of B
Dock) and expansion of existing piers and floats. The pier will be made of timbers and
utilizes the materials allowable under Town of Southold Local Law #6 and consistent with
other adjacent dock facilities and characteristics for the visual and scenic considerations in the
harbor. The encroachment has been mininfized to the maximum possible extent to be
consistent with DEC policies and the structures are as low profile as possible consistent with
the safe and efficient use of the waters and consistent with the boating seasons tidal range of
this site.
NATURAL COAST POLICIES
The Natural Coastal Policies are 4 through 8 and require consideration as follows:
Policy 4 - Minimize loss of life, structures mad natm'al resoumes from flooding and
erosion,
Policy 5 - Protect and improve water quality
Policy 6 - Protect and restore the quality and function of the eeo-system,
Policy 7 - Protect and improve air quality,
Policy 8 - Minimize environmental degradation primarily from solid waste and
hazardous substances.
The proposed floating dock and pier reconfiguration has been laid out so as to be
consistent with the DEC permit requirements for such structures. As such, it provides
adequate height to clear environmental resources of concern mad 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 these dock facilities.
PUBLIC COAST POLICIES
Policy 9 sets forth a priority to provide for public access and recreational use of coastal
waters, public lands and public resources of the Town. This project maintains recreational
boating facilities and so is consistent with this policy.
3
WOI~XING COAST POLICIES
The policies of this section relate to the lbllowing:
Policy 10 - Protection of the Town's water-dependent uses and promotiug new water-
dependent uses in suitable locations,
Policy 11 - Promoting sustainable use of living marine resources,
Policy 12 - Protect agricultural lands,
Policy 13 - Promote appropriate use and development of energy and mineral
resources.
While most of the Working Coast Policies am not applicable to this site or this type of
project, Policy 10, promoting water-dependent uses and the citing of water-dependent uses in
appropriate areas is applicable and the proposed project makes the most beneficial use of the
land and dock facilities.
This project has been laid out with specific reference to and review of the Waterfront
Revitalization Program policies and is considered to be consistent.
DREDGING
In summary, the proposed dock modifications, repair and reconstruction is typical of
recreational boating facilities throughout the area and all along coastal New England. The
structures have been minimized in size, height, and structure so as to be consistent with other
facilities of a similar nature and the minimum necessary components to accommodate safe and
efficient boating operations from this site. This project does not interfere with public access or
use of public trust waters and lands of the State, it does not interfere with navigation, it will
not create soil or sedimentation and dredging will not create erosion problems, in fact, the
wood retaining structure should help minimize bank erosion. The pier reconstruction does not
adversely affect environmental resources in the area where the facility must span the shallow
sub-tidal zone at the shore line, the facility retains its alignment in the area where
environmental resources have already been diminished so as not to worsen any of these
conditions. The height of the structure has been maintained so as to allow vegetation growth
along the shoreline by tidal wetlands plants if other conditions are conducive to such growth.
The float re-alignment has also been configured reaching out to deep water thus further
minimizing adverse environmental impacts.
There is no loss of valuable marine and wetland habitat and no water quality
degradation as a result of this project. Reference is made to the NYS DEC study from 2000
indicating the suitability of pressure-treated Southern Yellow Pine piles and super-structure
compouents for this type of purpose. In accordance with Town of Southold Local Law #6,
decking for the floats and the pier and the ramp treads will be of woods or materials other than
CCA pressure-treated Southern Yellow Pine. No natural protective features or processes will
be adversely impacted as a result of the proposed dock work. Ibis project is consistent with
zoning policies and ordinances for the Town. There will be no development of the upland
related to this dock facility that will create point sources of pollution or drainage. The
floating docks m'e the minimal size for stability considerations especially acknowledging the
loading and waves from West Harbor and the floating docks are broadside to those waves.
The float is suitably sized and adequate stable for a ramp landing and the ramp has been made
no longer than necessary in order to minimize the pier structure and maximize boating access
(slips).
REQUIREMENTS OF SECTION 97-25 OF THE WETLANDS LAW 6~ 2004
The permittee acknowledge~ that the'validity of this permit is subject to the
approval of other govenm~ental or municipal authorities.
The permittee does, by the acceptance of this permit, assume all responsibility for
operations undertaken pursuant to tiffs permit, and shall take all precautions for the
prevention of injuries to persons and property resulting from such operations. By such
acceptance, the permittee also agrees to indemnify and save harmless the Town of
Southold and its officers.
The permittee gives consent to the Town and its officers, employees and agents to
enter upon the premises where such operations are being conducted to make snch
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 pennittee will notify the Trustees in writing upon completion of operations
such that the site can be inspected for issuance for a certificate of compliance.
In response to Sub-section 2a and the General Rules for Standards of Residential
and Commercial Docks, the following additional information is offered.
Permits for the work are being applied for through the Town, US ACOE,
NYS DEC and a coastal zone consistency determination by the NYS DOS.
The new piles to be installed will be of sturdy, durable and stable
materials; in all likelihood, Greenhart or CCA Type III pressure-treated
Southern Yellow Pine (STP) piles with new split caps and braces of the
same STP 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.
Tiffs pier is a fixed, pile-supported timber structure with a float and
therefore will not adversely affect the free circulation of water or reduce
the effects of fluctuating water levels in West 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 timber materials are specifically grown
for this purpose and are capable of withstanding full innnersion; they
represent the standard of the industry for marine construction. With the
connections described above, this structure will be able to survive repeated
inundations and even direct waves at lfigh tide elevations with a. structural
life of 10 to 20 years.
The pier support will include driving new piles at regular 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.
5
The pier and new floats will not be decked with CCA pressure-treated
Southern Pine. This pier extension provides a safe pedestrian surface for
access to the sail boats and m6tor boats. Forty-two inch rails may be
installed on the overland section of the pier for safety.
The 15-foot clearance specified in this paragraph should not be an issue
because the reconstruction and expansion is basically parallel to shore and
does not project into the navigation way for other boaters in the harbor or
adjacent docks.
Upon receipt of the permit for this project, appropriate pemfit numbers
and a Town permit placard will be affixed to the most seaward face of the
pier for identification from the water.
There are no permanent structures located above the pier decking, uor are
any planned at this time other than the power posts and railing which are
fixed by function and designed for this environment.
It is currently possible to provide a passage way to the upland via the
south ramp to get aroand the pier and that access ability will be retained.
There is approximately four feet of clearance to walk under the pier at low
tide, however, foot traffic in this area is rare, if at all.
NEW YORK STATE COASTAL MANAGEMENT PROGRAM
These application documents include a copy of the Federal Consistency Assessment
Form utilized for the New York State Coastal Management Progrmn under the jurisdiction of
the New York State Department of State. The following policies have been identified as
pertinent to this application and the reason for consistency associated with this project is
outlined in each respective case.
Policy 2 -Water Dependent Uses - This project is to repair, restore and, to aN extent, re-
configure a fully functional water dependent use, a recreational boating dock facility at this site
in support of recreational boating and sailing instruction.
Policy 5 - Use of Existing Developed Shorefi'ont - There is developed shoreline on this site.
This project utilizes existing shorefront which has been altered by the long-standing facilities.
The project will be to re-build, repair, re-configure existing dock facilities to make them safe
and reliably usable in most weather conditions.
Policy 7 - Significant Fish & Wildlife Habitat - Protection of significant fish and wildlife
habitat has been considered in the development of this project layout. The pier to the
shoreward point of beginning is over the rocky, vegetated shoreline fringe and above the rocky
intertidal sediments and should not jeopardize the integrity of existing vegetation, although
such is scarce, primarily reekweed. Typically there is a slight environmental benefit to the
project because of the structure in the water column which barnacles, algae and crustacem~s will
inhabit and the structures provide protection primarily for juvenile fish.
6
Policy 8 - Protection & Preservation of Habitat - Protection and preservation of habitat has also
been considered in this project and the dock structure is being kept to its minimal configuration
and of materials consistent with standards of the industry and restrictions set forth in the
Wetlands Law, No. 6, 2004 set forth'by the To~m of Southold and standards of the NYS DEC.
Policy 11 - Minimize Damage to Natural Resources - The dock construction project has been
laid out in such a way so as to minimize dtunage to natural resources as identified in Policy 7
above. The pier reconstruction has been sited in the area where the existing pier and floating
dock facilities have existed for decades. The dredging is proposed to maintain current and
future boating activities while minimizing adverse impacts such as bottom sediment re-
suspension due to propeller contact or thrust induced erosion. Dredging has been stepped
progressively; higher coming into the basin where smaller boats will dominate the mix, with
shallower drafts.
Policy 14 - No Measurable Increase in Flooding - Tiffs project consists of construction of an
open wood pile and tintber 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 the
structures will have no adverse influence on those levels.
Policy 15 - No New Dredging - Maintenance dredging is proposed in this project. Suspended
marine silts have accumulated in this "dead end" of West Harbor for decades. The bottom
depths are such that dredging is required to maintain viable access. This project has utilized a
stepped configuration from the east to west to minimize the volume of material to be removed
and deep water depths similar to the existing conditions. Repeated shallow water benthic
studies in sandy mud to silty marina sediments have shown stressed populations of crustaceans
and mollusks which inhabit these sediments and that they re-colonize and re-populate within a
year or so of the dredging work. Increasing the water depth will tend to diminish the re-
suspension impacts on the habitat and these colonies of creatures and so it is felt that the one-
time disturbance, occurring in accordance with seasonal shellfish spawning restrictions will
ultimately provide the proper balance between environmental concerns and the Coastal Zone
Policies to foster recreational boating facilities and opportunities. The New England Regional
Office of the USACOE has issued a suitability determination allowing for open-water disposal
of dredge sediments from this project at NLDS (New London).
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. There is no Federal channel to Fishers Island Yacht Club. The
intertidal zone in the dock facility area is significantly covered by bouldi~rs with tidal wetlands
fringe marsh vegetation to the south. The Fishers Island Yacht Club pier and floats occupy far
less than the landward 25% of the waterway (West Harbor) width in accordance with US
ACOE policies. Thus, public access to the State's lands and waters will not be adversely
affected by the project.
Policy 20 - Public Trust Compatibility with Existing Adioining Properties and Land Uses-
Public Trust compatibility with existing adjoining properties and land uses have also been
considered in this project. Several nearby properties have small docking facilities and this
docking facility will not interfere with existing or the likely configuration of future facilities on
immediately adjoining properties or the logical allocation of littoral development rights in this
part of West Harbor. These piers are long-standing structures.
7
Policy 21 - Water Dependent Recreation - This project is consistent with water-dependent
recreational opportunities policies set forth in this section.
Policy 24 -Scenic Resources, Impairment 6r Loss - This policy is designed to prevent
impairment or loss of scenic resources. The reconstruction of the fixed wood pile and timber
pier are float reconstruction and reconfiguration and will not represent a new encroachment or
structure which would create a loss of scenic resources. The elevated in, board landing section
of the pier will be largely over-shadowed by the phragmitae growth, the spartina fringe marsh
on the site. The one property owner most likely to be impacted is the cottage of Gregory and
Penni Sharp just west of the club and they do not object to the proposed project.
Policy 25 - Enhance Overall Scenic Quality - The pier and floats will be consistent with the,
scenic quality of the area and will not diminish scenic resources as described in Policy 24
above.
Policy 44 - Preserve and Protect Tidal Wetlands - It is acknowledged that thc fragmented
fringe marsh of spartina altema flora along the shorefront is a valuable resource. The floating
dock and fixed wood pile and timber pier work in this project has taken advantage of the
existing un-vegetated strip of the shoreline caused by the existing pier in order to avoid adverse
wetlands impact. The height of the pier should allow opportunities for the growth of tidal
vegetation but that has not thus far occurred. No changes to the pier are proposed in this area
J 'mturally up to, m~d to an extent, beneath the wood pier.
SUMMARY
This project proposes the repair, expansion and reconstruction of a long-standing pier and
recorffiguration of floats and dredging in an existing, long-standing facility for community-wide
recreational boating access. A copy of all US Army Corps of Engineers, NYS DEC and Town
of Southold applications are attached as substantiation for and in support of this project. A
dredging suitability determination has been made by the US Army Corps of Engineers, NeW
England Regional Office, for open-water disposal at the New London Open Water Disposal site
(NLDS).
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
Sonthold Waterfront Revitalization Program and Local Ordinance No. 6, 2004, and its approval
is respectfully requested.
Respectfully sul~mittcd,
DOI2KO, INC. ~
Keith B. Neilson, P.E.
8
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