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HomeMy WebLinkAboutTR-7376Jill M. Dohc~y, President James F. King, Vice-President Dave B~g~n Bob Ghosio, Jr. John Br~lcmey~r 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 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 ~/" Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7376 DATE: AUGUST 18~ 2010 ISSUED TO: THOMAS SHILLQ PROPERTY ADDRESS: THE GLOAMING, FISHERS ISLAND SCTM# 10-10-2 AUTHORIZATION Pursuant to the prowsions 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 August 18.2010. and in consideration of application fee in the sum of $250.00 paid by Thomas Shillo and subject to the Terms and Conditions as stated in the Resolution, the Southold Towl~ Board of Trustees authorizes and permits the following: Wetland Permit to remove 182+/- square foot existing wood deeR, 22+/- linear feet of concrete retaining wall and replace with boulders, 30+/- cubic yards over 500+/- square feet under pier along edge of water; construct 48 linear feet of wood pile and timber pier, install a 6'x20' float with associated 3.5'x16' ramp and restraint piles, at or waterward of the apparent high water line; and as depicted on the site plan prepared by Doeko, Inc., received on August 18, 2010, and stamped approved on,August 18, 2010, 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 Thomas Shillo, residing at The Gloaming_ Fishers Island, New York as part of the consideration for the issuance of the Permit does undershynd and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and ail such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Tmstees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That ther~ will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Pennittee 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 Permittec will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. Jill 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 August18,2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Keith B. Neilson, PE Docko, Inc. P.O. Box 421 Mystic, CT 06355 RE: THOMAS SHILLO THE GLOAMING, FISHERS ISLAND SCTM# 10-10-2 Dear Mr. Neilson: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, August 18, 2010 regarding the above matter: WHEREAS, Docko, Inc. on behalf of THOMAS SHILLO applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated March 22, 2010, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 18, 2010, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of THOMAS SHILLO to remove 182+/- square foot existing wood deck, 22+/- linear feet of concrete retaining wall and replace with boulders, 30+/- cubic yards over 500+/- square feet under pier along edge of water; construct 48 linear feet of wood pile and timber pier, install a 6'x20' float with associated 3.5'x16' ramp and restraint piles, at or waterward of the apparent high water line; and as depicted on the site plan prepared by Docko, Inc., received on August 18, 2010, and stamped approved on August 18, 2010. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six mOnths of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, Jill I~. Doherty I/ President, Board of Trustees JMD/eac Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 7654641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated /~ c~, c90/0 has been reViewed by this Board at the regular meeting of/9~z~c,t~--~ I,~, ~2:~ and your application has been approved pending the compl~tion of the following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ Ist Day of Construction ($50.00) __ ½ Constructed ($50.00) f///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 Southotd, 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: $ ~ oo BY: Jill M. Doherty, President Board of Trustees Page 1 of 2 Standish, Lauren From: Steve Malinowski [fioyster@flshersisland.net] Sent: Wednesday, July 14, 2010 10:33 AM To: Standish, Lauren Cc: zands@fishersisland.net Fishers Island Oyster Farm PO Box 402 Fishers Island, NY 06390 Jill Doherty President Southold Town Trustees Town of Southold Southold, NY July 10, 2010 Dear Jill, It has come to my attention that there is a pending application for a dock in the inner most cove of West Harbor, Fishers Island (Shillo property). We operate an oyster hatchery and various nursery systems in the cove. Our business is strictly dependent, on the water quality, including turbidity, of the cove. During hatchery season we filter several thousand gallons of the cove water daily to 10 microns, and our nursery systems (which sometimes have mesh sizes of 350 microns) filter the entire volume of the cove more than once per day. Increases in turbidity (and the concomitant resuspension of pollutants associated with years of road runoff into the cove) not only create more labor cleaning screens and filters but also pose a threat to the success of our hatchery where we are cultivating the most sensitive stages of the oyster life cycle. The cove is shallow, and at low tide even an outboard will resuspend the extremely fine bottom sediments. Boat size and dock placement both contribute to increased turbidity in the cove. I have spoken with the applicant and was assured there would not be boats any larger than the current boats using the new dock facility. I ask the Trustees to please consider the water quality of the cove, particularly as it is affected by turbidity, when granting permits for dock construction. While most of the cove is shallow, strategic placement of boat docking facilities could minimize turbidity and therefore preserve water quality. Thank you for your consideration. Sincerely, 7/14/2010 Page 2 of 2 Steve Malinowski, President Email scanned by PC Tools - No viruses or spyware found. (Email Guard: 7.0.0.18, Virus/Spyware Database: 6.15430) 7/14/2010 Docko Inc, Serving the waterfront community since 1987 ~0. Box 421, Mystic, GT 06355 (860) 572-8030 Fax: (660) 572-7560, email: docko@snet.not Ms Jill Doherty, President Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 July 13, 2010 Re: Shillo Property, Fishers Island Dear Ms. Doherty: During the public hearing for this project you suggested a shorter pier for the Shillo property in Pirate's Cove, I mentioned my apprehensions about shortening the pier, specifically referencing the increased possibility of adverse impacts to water quality due to boat induced re-suspended bottom sediments. In accordance with our discussions I am attaching bere-with various documents addressing the same issue. We have addressed these problems in Connecticut in the recent past, and I believe they are applicable to this specific dock design as well. I am attaching a sketch, which shows, diagrammatically, the increased likelihood of bottom sediments re-suspension when the boat is maneuvered at low tide. Attached are copies of various studies conducted by Dr. Peter Pellegrino, a noted benthic scientist here in Connecticut. Dr. Pellegrino has cited several studies which indicated that the bottom sediment re-suspension rate in shallow water of about a meter is many times higher than ambient water quality. In view of the concerns raised by Mr. Steven Malinowski of the Fisher's Island Oyster Farm Company, we have endeavored to keep the dock in deeper water. We believe that this is the proper approach to minimize adverse environmental impacts and at the same time provide boating access for this site in accordance with Town's Residential Dock Regulations. I trust that you will fred this information complete and acceptable for reconsideration of this application and look forward to further discussions at the meetings on July 21st. We believe that it is environmentally more appropriate to keep the dock in deeper water in this case deferring to the sensitivity of Mr. Malinowski's operation. Your favorable consideration of this application is respectfully requested. Yours truly, KBN:jm Enclosures CC: Mr. Thomas Shillo Mr. Steven Malinowski File: 07-05-1931 SHILLO DQ, CKO, 1NC. Keith B. Neilson, P.E. . I :1 JUL16 2010 S0uth01'd-To~n Board of Trustee~ I Ooe ko, Inc, Serving the waterfront community since 1987 P.O. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860} 572-7569, email: docko~snet, net Febru~y 5, 2008 Mr. Dean Applefield, Esq. Office of Legal Counsel Department of Environmental Protection 79 Elm Street Hartford, CT 06106 Re: Declaratory Ruling Request re: Residential Dredging Dear Mr. Applefield: I am a licensed Professional Engineer in Connecticut special~ng in waterfront civil engineering projects all in the waters of Long Island Sound as well as adjacent estuaries and rivers in Connecticut and New York and as far east as Rhode Island. I have been involved in this practice for 22 years and I have completed work on appro×imatety 1,500 projects. I'm sorry I will be unable to attend the up-coming hearing for declaratory ruling related to dredging for residential dock facilities in Connecticut. I know that there is no statement in pertinent taws, either the Coastal Management Act, Structures & Dredging Act or Tidal Wetlands Act that precludes dredging for residential dock facilities. That preclusion however, has been the policy of the Department for the last 10 years. In view of the scientific information regarding the adverse environmental impacts of sediment re-suspension, I feel that the Department shguld have a pro-dred~ng incentive mthcr than the current policy'. The DEP's Office of Long Island Sound Program's cmrent policy effectively mandates that a dock facility not extend more than 40 feet beyond mean low water. By following this relatively new standard, the Department is requiting boats to operate in shallow water, inducing more sediment re-suspension than the dock authorization policies and criteria that existed prior to the last year or two. If dredging were to be authorized for recreational boating dock facilities, even on an infrequent basis such as 10-year intervals and with adequate environmental controls to minimize sediment disturbance and tm'bidity in coastal waters, it would clearly be less impact than the em-rem policy which basically leads to bottom sediments being agitated every time a motor boat is operated in shallow waters of less than 3 feet of depth. I have taken the liberty of attaching a reference document to various studies which were prepared by many entities, both in the United States and abroad which address the adverse environmental impacts associated with sediment re-suspension, To our understanding, oneofthe chemicals that create these adverse impacts is cadmim. I understand that according to studies at the University of Maryland, much of the cadmium found in coastal waters and rivers is related to Mr. Dean Applefield, Esq. Department of Environmental Protection February 5, 2008 automobile traffic on the city streets, State highways and bridges which discharge directly into State waters. Cities in Connecticut and the CT DOT have not been required to mee~ the same water discharge quality m-quirements that new private development must meet. When I have pursued this with municipal and State employees, they generally claim that they do not have the economic resources to develop, monitor and enforce such programs and change the subject. the developers must meet the Clean Water Act standards regardless of the cost So, in our State, the State and municipalities may in fact be the principal polluters and yet the water-dependant boating facilities, a rdati~ty small, almost insignificant factor, bear the brunt of the financial and operational impacts when a l~etter option for boating use and better water quality is precluded pollcy. In summal'y, s~le~ltific studies indicate that continuous or repeated sediment re- suspension is an adverse environmental impact. The current DEP policies terminate dock facilities in such shallow water that sediment re-suspension is a major, unavoidable issue. Dredging is not precluded from authorization by any of the ex&sting laws related to slmetures, dredging, tidal wetlands or the Coastal Management Act. Therefore, it seems that dredging for residential: doek faci}ifies would hetpto reso~ve-aeeess issues for reereation~ berating ~ helpto reduce adverse environmental water quality issues. I hope you find the attached references helpful in deliberating a fair and reasonable decision in this matter and would happy to be of Yours truly, Ko, nqc. Keith B. Neilson, P.E. KBN'.JM Attachments cc: Gregory A. Sharp, Esq. File I000357v2 PETER PELLEGRINO, PhD COASTAL RESOURCE ANALYSTS JULY 11, 2007 I. Impact on the Benthos Caused by Propeller-Driven Watercraft in Shallow Water Boating is a very important recreational activity in Connecticut and also supports an important segment of the State's economy. Propeller-driven motorized watercraft however, can potentially impact shallow water systems by altering water quality, benthic habitats and biotic communities. In 1994 a workshop on the potential impacts of boating was held at the Woods Hole Oceanographic Institution to evaluate existing research (Crawford et al. 1998). A second symposium, "Impact of Small Motorized Watercraft on Shallow Aquatic Systems" was chid in 2000 at Rutgers University (Kerrish, 2002). A third symposium was held by NOAA in 2003 to discuss the environmental impacts of boating use and small docks. The results of this workshop may be found in Kelty and Bliven (2003). Water quality changes are caused by propeller-inducted sediment re-suspension, which not only raise turbidity levels but also nutrient and chemical contaminant levels as well (Small Motorized Waterera~ Workshops (SMWW), 2000). SMWW (2000) concluded that all of these potential impacts are most severe when water depths are less than 1 meter. Water Quality Impacts Water quality chaxges are caused by propeller-induced sediment re-suspension. This re- suspension of bottom sediments results in an increase in turbidity levels which decreases the amount of light passing through the water column. Increased turbidity can cause potential problems for both aquatic flora, which depend on light transmission and fauna which feed on submerged vegetation. It can also smother and suffocate benthic species. Submerged Aquatic Vegetation (SAV) beds are especially to increased turbidity levels (Gucinki (1981) found that boat propeller turbulence produced a statistically significant increase in light attenuation when water depths were less than 2.2 meters. He concluded that the quantity of sediment re-suspended by boat propeller turbulence was significant enough to reduce the productivity of SAV in shallow water. Studies conducted in Chesapeake Bay found that operating a boat in 1.2 meters of water increased turbidity levels from 43 NTU's (ambient) to 350 NTU's. When the boat was operated in 0.9 meters of water, the turbidity levels reached 675 NTU's (Community & Environmental Defense Services, 1991). The Chesapeake Bay Program (1989) reported that the optimal turbidity levels for eelgrass (Zostera Marina) growth were less than 15 NTU's. Bottom sediment re-suspension caused by propeller wash in shallow water can also potentially impact adjacent oyster bed habitat. The rapid settling of suspended sediments is extremely harmful to oysters. The deposition of a thin silt layer (1-2 mm) over the hard surfaces upon which oyster larvae attach can render these surfaces unsuitable for both setting and development (Galtsoff, 1964). Mature oysters, especially 1-2 years olds can also be killed by sediment deposition. · The Chesapeake Ba~'Program (1989)reported that many ~iadromous fish species are ,also affected by elevated turbidity levels. They found that many species are affected by turbidity levels exceeding 50 NTU's. Klein (1983) also reported that suspended sediment may also injure the fragile gill filaments of larval fish. Estuarine bottom sediments serve as major repositories for chemical contaminants derived from surface run-off and other anthropogenic inputs. Of particular concern are particle- reactive contaminants such as polycyclic aromatic hydrocarbons, halogenated hydrocarbons and trace metals. These substances are potentially toxic and commonly bio-accumulate in organisms. These contaminants, if present, are re-suspended in the water column as a result of propeller- induced turbulence. Benthic Habitats and Biotic Communities A number of studies have shown a substantial negative impact upon bottom dwelling communities when boat traffic is concentrated in waters shallower than 2.0 meters. These impacts result from the disturbance of sediments by boat propeller-induced turbulence. Pfitzenmeyer (1978) found that propeller turbulence impairs benthic communities when the water depth is 1.8 meters or less. This disturbance and re-suspension of bottom sediments can cause a chronic disruption of the normal successional sequence of the soft-bottom benthos. Chronic propeller indue ed bottom disturbances act like "mini dredging events" that continuously disrupt benthic succession. Succession can be defined as the predictable appearance of Macrobenthic invertebrate species belong to specific functional types following disturbance. Three patterns of invertebrate colonization (i.e. successional stages) of shallow-water sediments can usually be recognized: State I, State II and Stage III (Rhoads and Germano, 1996). State I species are early colonizers (i.e. pioneers) which arrive within days of a major bottom disturbance. These State 1 species, also called opportunists, experience high mortality and usually disappear as a result of competition and / or predation. State I species are considered to be r-strategists with short life cycles (_< 1 / year), small size, fast growth, and early sexual maturity. They are usually surface deposit feeders and are typified by Spionids (Streblospio benedicti) and Capitellids (Capitella capitata, Mediomastus ambiseta). These functional types are usually associated with a shallow redox boundary and shallow bio-turbation depths. In the absence of further disturbance, these early successional assemblages are eventually replaced by infaunal depost feeders. The start of this infaunalization process is designated as a State I1 sere. This transitional phase usually involves the appearance ora diverse assemblage of tubiculous amphipods (Arnpelisca), bivalves (Yoldia and Nacula) and Polychaete species. This state is also characterized by the appearance of new State III species and by the present of declining remnants of State I species. The successional process is completed by the development of a climax or equilibrium assemblage (Stage III) dominatged by large, deep burrowing polychaetes and bivalves. These strategist species are characterized by long life cycles (> 1 year), large body size, slow growth and late sexual maturity. These Stage III species are typically infaunal, and many feed at depth in a heM-down orientation. The bioturbation activities of these deposit-feeders are responsible for aerating the sediment and causing the redox horizon to be located several centimeters below the sediment-water interface. The chronic distance caused by boat propellers in water will prevent the benthos from reaching its normal State III state and will cause the community to be in a · continual Stage I condition. II. Impact on Benthos Cause by Boats or Floats Laying on the Bottom The temporary positioning of boats or floats on the sediment surface during low tide periods should not cause any significant damage to benthic species. If the placement were not temporary but permanent, then impacts due the benthos would be likely. It has been reported however, that changes in sediments can occur when boats are allowed to settle on the bottom at low tide. As the boats rise they have been shown to create a suction that can re-suspend bottom sediments. The sediments are thus "pumped" into re- suspension (Kelty and Bliven, 2003). It is doubtful whether floats resting on the bottom could create the same magnitude of suction. III. Impacts of Boulder Removal on Bottom Sediments The removal of bouldem and their subsequent replacement in a new location will cause a localized and temporary re-suspension of bottom sediments. Since this disturbance is a "one- shot deal" and not chronic, it should not cause any significant changes in water chemistry and siltation. The placement of boulders on new soft-bottom habitat will kill existing benthic organisms in the boulder footprint. This destruction however, will be offset by the benthic re- colonization of the newly exposed sediments at the old boulder footprints. IV. Bibliography Chesapeake Bay Prgram, 1989. A Comparison of Existing Water Quality Criteria and Standards With Living Resources Habitat Requirements. Chesapeake Bay Program, Annapolis, MD. Community & Environmental Defense Services, 1991. An Assessment of the Potential Enviromnental Effects of a Proposed Marina Upon Potomac Creek. Technical Report, Maryland Hine, MD. Cmwford, R., 2002. Secondary Wake Turbidity From Small Boat Operation in a Shallow, Sandy Bay. Journal of Coastal Research, Special Issue 37. Crawford R., 1988. Measuring Boating Effects of Turbidity in a Shallow Coastal Lagoon. WHOI Technical Report 98-03. Crawford, R., N. Stolpe and M. Moore, Eels. 1998. The Environmental Impacts of Boating: Proceedings of a workshop held at Woods Hole Oceanographic Institution December j7-9, 1994. Technical Report WHOI 98-03. Funderbunk, S.L., S.J. Jordan, J.A. Mihumky, and D. Riley, 1991. Habitat Requirements For Chesapeake Bay Living Resources. Chesapeake Bay Program, U.S. EPA. N~,V =LOA T I~OA-T' IZ~1:~,l=--f- I ~ I 10 5O 10 mOjECT: NEVV FIXE~ PIER AND FLOAT ~CA~ON: SANDY I~OtNT, TOWN OF NEW LONOON COUNTY', CONN~2rlCUT ~vVAT~:%VAY: NIAN11C PdVE~ ~ DATE: ~E~TEMBER 2~, 2007 ,,NC)I~ICANT: JOHN HAI~N~TON A~NT: ~HE~T EXHIBIT I~C>~C>, IN~. ~e~h B. Neil.~n, PE ~(D 572 &9~-~ ~AX ~ ~2 7~ ~ ~17~ Peter Young, Chai~oerson 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., April 14, 2010, the following recommendation was made: THOMAS SHILLO to remove 182+/- sf. existing wood deck, 22+/- If. of concrete retaining wall and replace with boulders, 30+/- cy. over 500+/- sf. under pier along edge of water, construct 68+/- If. of wood pile and timber pier, install a 6'X 20' float with associated 3.5'X 24' ramp and restraint piles, at or waterward of the apparent high water line. Located: The Gloaming, Fishers Island. SCTM#10-10-2 The CAC did not make an inspection, therefore no recommendation was made. Jill M. Doherty. President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr, John Bredemeyer P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765 - 1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: ~_,,4¢j-~ /0 THOMAS SHILLO requests a Wetland Permit to remove 182+/- sf. existing wood deck, 22+~- If. of concrete retaining wall and replace with boulders, 30+/- cy. over 500+~- sf. under pier along edge of water, construct 68+~- If. of wood pile and timber pier, install a 6'X 20' float with associated 3.5'X 24' ramp and restraint piles, at or waterward of the apparent high water line. Located: The Gloaming, Fishers Island. SCTM#10-10-2 Type of area to be impacted: ~'Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: .__~hapt.275 Chapt. 111 __other Type of Application: ~'~Vetland __Coastal Erosion __Amendment __Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: ,-~'~ T-C: ¢) /¢/~'~ b /~/~ Conditions: Present Were: B.Ghosio, __ r.//'' / ~ __&King __J.Doherty __J. Bredemeyer D. Dzenkowski other Form filled out in the field by D. Bergen__ Mailed/Faxed to: Date: TAX ASSESSOR~IAP 010, SECTION 10, LOT 2 PROJECT: WATERWAY: LOCATION: APPLICANT: DATE: "SHORE]FRONT MODIFICATIONS" PIRATE'S COVE FISHERS ISLAND, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK THOMAS SHILLO DECEMBER 23, 2009 WES-i' HARBOR ¢GREAT HARBOR) PROJECT: WATERWAY: LOCATION: APPLICANT: DATE: LOCATION MAP "SHOREFRONT MODIFICATIONS" PIRATE'S COVE FISHERS ISLAND, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK THOMAS SHILLO DECEMBER 23, 2009 l~Fl~tlt .%~~ NOS'th S 0 U T"H'.( · · West '~.. Harbor ~ ~ -" Island Page I of 1 Standish, Lauren From: joan@docko.com Sent: Wednesday, June 02, 2010 3:06 PM To: Standish, Lauren Subject: REQUESTS, JUNE TRUSTEES MEETING Importance: High Dear Lauren: Keith respectfully requests that the Margaret Charpentier application not be scheduled for the Trustees June meeting, but rather in July. Keith cannot attend due to a personal conflict. In addition he requests that the continuance for Thomas Shillo's application be moved to July as well. Is that possible and can you confirm that it is OK? Thanks very much. ,Toan McLaughlin bocko, 'rnc. joan docko.com 6/2/2010 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jill Doherty, President Town of Southold Board of Trustee(s-~/ From: Mark Terry, Principal Planner LWRP Coordinator Date: May 17, 2010 Re: Proposed Wetland Permit for THOMAS SHILLO SCTM#1000-10-10-2 Docko, Inc. on behalf of THOMAS SHILLO requests a Wetland Permit to remove 182+/- sf. existing wood deck, 22+/- If. of concrete retaining wall and replace with boulders, 30+/- cy. over 500+/- sf. under pier along edge of water, construct 68+/- If. of wood pile and timber pier, install a 6'X 20' float with associated 3.5'X 24' ramp and restraint piles, at or waterward of the apparent high water line. Located: The Gloaming, Fishers Island. SCTM#10-10-2 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the below Policy Standards and therefore is CONSISTENT with the LWRP; provided that the proposed action meets sub-policies 6.3 and 9.4 outlined below. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate that the following dock standards pursuant to § 275-11. Construction and operation standards have been met. (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water- dependant activities; Chapter 275 requires that the determination of the length of the dock must include the dimensions of the vessel. The dimensions of a vessel are not specified. [3 ] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4 ] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia rnaritirna) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. 9.4 Assure public access to public trust lands and navigable waters. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. Structures extending beyond the minimum necessary for access to navigable waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in the following circumstances: a. when necessary for practical and convenient operation of water-dependent industry or commerce, and provided that obstruction of commercial navigation does not result. b. for commercial recreational boating facilities provided that: (i) the loss of navigable waters and use of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does not result. when the principal purpose of the structure is necessary: (i) to provide public access for recreational uses (ii) for improvements for navigation (iii) for protection from coastal hazards, or (iv) for essential public transportation and transmission facilities. The proposed action has been identified as a recreational use and therefore does not warrant extending beyond the "minimum necessary" over public waters. The water depth at the dock terminus is 4'. It is recommended that the Board evaluate whether the proposed 112' dock structure will "extend'beyond the minimum necessary for access to navigable waters" to meet sub-policy 9.4 above. In the event that the action is approved; to further Policies 5. Protect and improve water quality in the Town of Southold, 6.3 Protect and restore tidal and freshwater wetlands and Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. It is recommended that the Board require that the silt boom be deployed during the construction of the structure pursuant to: § 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Office Use Only Received Applic_~. ~ ----~Received Fee:~k~ ~ SEQRA Clas~ Typ~ i X Type II ' ~oordination: (date~e~ent) Unlisted ~'-CAC Referral Sent: _____~Date of Inspection: ~ Receipt of CAC Report: Lead Agency Determination..--~ ~ Technical Review: __~ubl~c ~earing Held: mesolutlon. ~ Name of ApPlicant THOMAs SHILLo dress P.O. BOX 202 FISHERs ISLAND, NY 06390 _Phone Number: 631-788-7755 Suffolk County Tax Map Number: 1000 - PrOperty Location: THE GLOAMING 010.10.2 AGENT: to Cross Streets, and (If app~ /NC. Address: P. O. BOX 421, MYSTIc, CT 06355 loc Phone: (860) 572-8939 Fax: (860) 572-7569 of Trustees Applica~n Land Area Area (in square GENERAL DATA feet) : 1.2 Acres Zoning: Previous use of property: RESIDENTIAL Intended use of property: 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): Remove 182 +1- SF existing wood deck, 22 +1- LF of concrete retaining wall and replace with boulders, 30 +1- CY over 500 +1- SF under pier along edge of water, also construct 68 +/- LF of wood pile and timber pier, install a 6-ft x 20-ft float with associated 3 % x 24 ft ramp and restraint piles, at or waterward of the apparent hi.qh water line. 2 Board of Trustees Appllcation WETLAND / TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: THIS IS A PR/VATE Pr~R AND FLOAT FOR RECREATIONAL BOATrNG ACCESS Area of wetlands on lot: 0.5 ACRE +/- Percent coverage of lot: % Closest distance between nearest existing edge of wetlands: 0 feet square feet structure and upland Closest distance between nearest proposed structure and upland edge of wetlands: 0 feet Does the project involve excavation or filling: X No Yes If yes, how much material will be excavated? How much material will be filled? cubic Depth of which material will be removed or deposited: feet cubic yards yards Proposed slope throughout the area of operations: UNCHANGED REMAINS Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): NO ADVERSE IMPACT IS ANTICIPATED ON THE WETLANDS BECAUSE ALL IMPROVEMENTS ARE TO REBUILD THE EXISTING STRUCTURE. 6 of Trustees A~plica~n COASTAL EROSION A~PLICATION DATA Purposes of proposed activity: SHOREFRONT MODIFICATIONS 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? (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) IT IS ENVISIONED THAT THIS PROJECT FOR PIER RECONSTRUCTION WILL BE BUILT COMPLETELY BY B~LRGE ACCESSING THE SITE FROM THE WATER. THE INNER PART OF THE PIER WILL RAVE TO BE RE-BUILT AT HIGH TIDE WHEN THE BARGE CAN GET CLOSEST TO SHORE. THE SCOPE OF WORK WILL INCLUDE PHYSICALLY DISMANTLING THE EXISTING PIER SUPERSTRUCTURE INCLUDING STRINGERS AND DECKING AND THEN PULLING THE INDIVIDUAL WOOD PILES BY THE BARGE MOUNTED CRANE. NEW PILES WILL BE DRIVEN AT 10-FOOT INTERVALS AS DESCRIBED AND DETAILED IN OTHER PARTS OF THIS APPLICATION AND THE APPLICATION DRAWINGS. THE SPLIT CAPS, CROSS BRACES, STRINGERS AND DECKING WILL THEN BE INSTALLED. THE LAST ITEM OF CONSTRUCTION WILL BE THE RAILS AND DRIVING THE TIE- OFF PILES AT THE END OF THE PIER. THERE WILL BE SOME DISTURBANCE OF THE BOTTOM CONTACT AREAS WHERE THE BARGE SPUDS ARE DROPPED AND OF COURSE THERE WILL BE DISRUPTION IN THE AREAS WHERE PILES ARE PULLED AND NEW PILES ARE DRIVEN. TRAT NOTWITHSTANDING, THE IMPACT SHOULD BE MINIMAL AND CERTAINLY OF LIMITED DURATION. SINCE THE ALIGNMENT OF THE PIER WILL REMAIN AS IS, GROUND COVERAGE OR SRADING IMPACTS SHOULD NOT CHANGE. THE HEIGHT OF THE DECKING IN THE INTERTIDAL ZONE SHOULD CREATE AN ENVIRONMENTAL BENEFIT BECAUSE SRADING SHOULD BE REDUCED. IT IS STILL ENVISIONED TRAT SUN WILL REACH THE BOTTOM SEDIMENTS FROM THE EAST IN THE MORNING AND THE WEST IN THE AFTERNOON. THIS IS AN OPEN PILE AND TIMBER STRUCTURE WILL NOT ADVERSELY AFFECT WATERFLOW AND CIRCULATION OR SEDIMENT TRANSPORT AND SHOULD NOT CHANGE THE SHORELINE EROSION CHARACTERISTICS. $ NOTICE TO ADJACENT PROPERTY OWNER PROJECT ID NUMBER 617.20 APPENDIX STATE ENVIRONMENTAL REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION ( To be completed by Al 31icant or Project Sponsor) 1.APPLICANT/SPONSOR 2. PROJECT NAME THOMAS SHILLO SHOREFRONT MODIFICATIONS 3. PROJECT LOCATION: FISHERS ISLAND SUFFOLK Munici{oality County 4. PRECISE LOCATION: Street Addess and Road intersections, Prominent landmarks etc -or omvide mad THE GLOAMING 5.1S PROPOSED ACTION: [] New []Expansion [~'--IMedificafion/alteration SEQR 6. DESCRIBE PROJECT BRIEFLY: Remove 182 +/, SF existing wood deck, 22 +/- LF of concrete retaining wall and replace with bouldem. 30 +/- CY over 500 +/- SF under pier along edge of water, also construct 68 +/- LF of wood pile and timber pier, install a 6-ff x 20-ff float with associated 3 % x 24 ft romp and restraint piles, at or watenvard of the apparent high water line. 7. AMOUNT OF LAND AFFEC~U: Initially 0.10 acres Ultimately 0.10 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ~ Yes [] No If no, describe bdefly: 9. VVHAT IS PRE$c. NT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ~'lResidenfla, [~lndust;i,I [Z]cornmercia, r'--~Agricuiture F'--~ Park l Forest / Open Space J~Other (describe) t0. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELy FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ~lYes ~]No If yes, list agency name and permit / approval: NYS DEC, NYS DOS, TOWN OF SOUTHOLD, US ACOE 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r'~Yes ~No If yes, list agency name and permit / approval: TOWN OF SOUTHOLD GRANDFATHER STATUS, EARLY 1990'S 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CE~([iI-Y' THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / ~e Date: /If the action is a Costal Area, and you are a state agency, com~leta the Coastal Assessment ~orm before pmcssdlng with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yen, confdirmte the ravlaw pgocess and uce the FULL EAF. r-I - 171Ne B. V~ILLACTIONRECEIVECOORDINATEDREVIEVVAS PROVIDED FOR UNUSTED ACTIONS IN 6 NYCRR, PART617.67 ffNo, acegetlve declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answem may be hondwdtton, if legible) Cl. F_~sfl~g air quarry, surface er groundwater quality or quantity, r~olsu laveis, e~ting traffic pat~m, solid waste prertu~on er disposal, pofor~al for erosion, drainage or tionding ~'oblems? Explain briefly: C2. Aesthe0c, agl~ltura, archaeological, historic, or other natural or cultural msouman; or ~mmunlty or neighborhood shamcter? Explain brie~y: I,"° I C3. V~u[~[~on or fauua, fish, shellfish er wildlife species, signBcact habitats, or Ihmalened or endangered species? Expisin briefly: C4. A ~. ,~,~nity's existing iflans o~ goals as officia#y adopted, or a change in use or Intensity of use of land or other natural resources? Explain briefly: ~. Long ~rm, shod t~n, oumulati~, or other eff'~t~ not ide~ti~:l in 0t-~? ~in I C7. O~r Impact~ lin~udin[I shonll~ in use of ei~r quantit}~ or D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEAI? lif yeSr explain briefly/: I-lYes 171Ne I E. IS THERE. OR IS THERE LIKELY TO BE~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If ~ ~!~: PART III - Dc; cRMINATIoN OF SIGNIFICANCE (To be completed by Agency) INSTRUC'nONS: For each adverse effect identified above, determine whether it is substantial, large, important.or othenvles significant. Each effect should be assessed in connection with its (a) setting (i.e. Urban or rural); (b) probability of occurring; (c) duration; (d) Irmverslbiltiy; (e) geographic scope; and (0 magnitude. If necsesa~, add attachments or reference suppa~ng matedais. Ensure that explanations co~tein · uffictent detail to show that all relevant adverse impacts have been identified and adequately addmesed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the pro~ ~ on the environmental charactadstlcs of the CEA. Check this box ff yon have Idectitied oua er mom potonhelly large or slgnifisant adverce impacts which MAy cocur. -i~en ixocend directiy to the FULI FAF and/or prepare a positive decinmtion. Check this box if you have deturmined, hesed on the information and analysis above and any suppo~ng documentation, that the pmfx~ed ~ WILl. NOT result in any significant adverse environmental Impaols AND pro~de, on attachments es nec~___~_a~y, the masons supporting thl determination. Board of Trustees Name of Lead ,~ency Jill M. Doherty print or Type Name of Responsible Officer in Lead Agency  Signature of Respansi. tile Ofticar in Lead Agency Date President Title of Responsible Officer Signature of Preparer (It= different from responsible officer) Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of THOMAS SHILLO COUNTY OF SUFFOLK) STATE OF NEW YORK) ~ ~ AFFIDAVIT OF POSTING I, ~' ~ ~r~ ,residing ~-,-, /~,~ ~ at/dba/~~) bei~wo~d e~e~ That on~e~ day~f ~a ,2~10, I p~sonally~ost~ the propeay known as by placing thC Bo~d of Trustees i~cial poster wh~ it c~ easily be seen, g~that I haw check~ to be s~e the poster ha rmain~ in place for ¢i~t days phor to the date of the public he~ng. Date of he.ag aoted thereon to be held W~d.~ A~ra 21~ 2010 on or aboat 6:00 Dated: Sworn to before me this I~ dayof 201}0 ~o~ar~ Public PROOF OF MAILING OF ATTACH CERTIFIED MAIL RECEIPTS Name: Paul Tombari PO Box 357 Fishers Island, NY 06390 John Ski PO Box C Fishers Island, NY 06390 Mr. Thomas Foyle 22 Durham Rd Madison, CT 06443 Mr. & Mrs. John B & 1001 L Stre~ Ms. Sophia Yarnall Payne Ms. Meredith Phelps Rugg 1293 Roaring Springs Rd Ft. Worth, TX 76114 Jeanine Glendon c~ - . ~ · lQ persons shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at MYSTIC, CT , that said Notices were mailed to each of said persons by (certified) (registered) ma'l. iesiding at 14 HOLMES STREET, ~ sworn, deposes and says that on the ., 2010 , deponent mailed a true copy the Board of Trustees Application, 'e named persons at the addresses set ~es; that the addresses set opposite are the address of said persons as Sworn to before me this .Q~/~ Day of 7'~. , 20 /O // Notary Publ~c- ~ BOARD OF TRUSTE~ TOWN OF SOUTHOLD In the matter of applicant: THOMAS SHILLO SCTM# 1000-010-10-2 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Remove 182 +/- SF existing wood deck, 22 +/- LF of concrete retaining wall and replace with boulders, 30 +/- CY over 500 +/- SF under pier along edge of water, also construct 68 +/- LF of wood pile and timber pier, install a 6-ft x 20-ft float with associated 3 % x 24 ft ramp and restraint piles, at or waterward of the apparent high water line, 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: THE GLOAMING 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: THOMAS SHILLO MAILING ADDRESS:PO BOX 202 FISHERS ISLAND, NY 06390 PHONE 631) 788-7755 Enc.: Copy of sketch or plan showing proposal for your convenience. PROOF OF MAILING OF NOTICE PTACH CERTIFIED MAIL Name: Paul Tombari PO Box 357 Fishers Island, NY 06390 John Ski PO Box C Fishers Island, NY 06390 Mr. Thomas Foyle 22 Durham Rd Madison, CT 06443 Mr. & Mrs. John B & Jeanine Glendon 1001 L Street, NW Washington, DC 20001 Ms. Sophia Yarnall Payne Ms. Meredith Phelps Rugg 1293 Roaring Springs Rd Ft. Worth, TX 76114 STATE OF CONNECTICUT COUNTY OF NEW LONDON DOCKO, INC. , residing at 14 HOLMES STREET, MYSTIC, CT , being duly sworn, deposes and says that on the day of , 20 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at MYSTIC, CT , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this Day of , 20 Notary Public 3 Board of Trustees Application Thomas Shillo (print owner of property) FISHERS ISLAND, MYSTIC, CT to apply for permit(s) Southold Board of Town Trustees on my behalf. AUTHORIZATION (where the applicant is not the owner) residing at PO Box 202 ~mailing address) NY do hereby authorize DOCKO, INC., (Agent) from the (O/~'s signature) 4 of Trustees ApE County of Suffolk State of New York Thomas Shillo 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 DkMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVE(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. z S~'/ature SWORN TO BEFORE ME THIS /,,~ ~ DAY OF /~L~ , 20/0 /Notary Publyr GEORGE ~. pEABODY, JR,. NOTARY PUBLIC MY COMMISS!ON EXPIRES Ob-'T, 31, 2010 rnocko! Irl{~, Serving the waterfront community since1987 RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: docko~snet.net .... h 16, 2010~ ~ Mr. JimKing, President ::~t L.,! ~A~ 22 2010 Southold Board of Trustees i ~_~ ~: :~:i~i:__3 P.O. Box 1179 1 Southold, NY 11971 [~ .......... '.~:5.~::.::: ~ Re: Thomas Shillo Shorefront Modifications Dear Mr. King: On behalf of our client, Thomas Shillo, we enclose herewith the following in support of his permit application for pier reconslmction on Fishers Island. Two prints each of plans titled: Waterway: Location: Applicant: Date: "Shorefxont Modifications" Pirate's Cove Fishers Island, Town of Southold Suffolk County, New York Thomas Shillo December 23, 2009 Two copies of the Southold Board of Trustees permit application, U.S. ACOE and DEC applications, SEQR-Part 1, LWRP Consistency Assessment Form, Tax Assessor's Map, Location map, site photographs and project narrative. Check in the amount of $250 payable to the Town of Southold. I trust that you will find this application package complete and acceptable; please let me know if the need for further information arises. KBN:hv Enclosures CC: Mr. Thomas Shillo US ACOE NYS DEC: Environmental Permits File: 07-05-1931 THOMAS SHILLO Very truly yours, D~?O, INC. Keith B. Neilson, P.E. Town of Southold LWI~CONSISTENCY ASSESSMENT FPRM A. INSTRUCTIONS Ail 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 consistaney. *Except for minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non-supporting facts_ ffan action cannot be certified as eonsistant 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.nortlffork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's Office. B. DESCRIlrrION OF SITE AND PROPOSED ACTION SCTM# 1000 - 010 - 10 - 2 PROJECT NAME: THOMAS SHILLO The Application has been submitted to (check appropriate response): Town Board Planning Board Building DepL __ 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 cnstmction, 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: Remove 182 +1- SF existing wood deck, 22 +1- LF of concrete retalnin.q and replace with boulders~ 30 +/- CY over 500 +1- SF under pier alonq edqe of water1 also construct 68 +1-: LF of wood nile and timber pierI lnstall a S-fi x 20-ft float with ~oc!=_t~_d 3 V: x 24 ft ramp and restraint oiles, at or waterward of the an~arent hiqh water line_ Location of action: "The Gloaming. Site acreage: Parcel =1.2 acres. Pier less than 1/10th acre Present Land use: Residential Present Zoning Classification: Residential If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: a) Name of applicant: Thomas Shillo b) Mailing Address: PO Box 202, Fishers Island, NY 06390 c) Telephone number: Area Code 631-788-7755 d) Application number, if any Will the action be directly undertaken, require funding, or approval by a state or federal agency? 2 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 wffi 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 I11 - Policies; Page 2 for evaluation criteria. ~X Yes No __ Not Applicable This shorefront modification proiect makes appropriate use of an existing waterfront access dock system and complies with environmental design factors published by the NYS DEC, and the DOS Coastal Management Prom Southold Local Law No. 6, 2004 and the Southold LWRP. The existi~.~ longstanding dock facilities do not comply with current environmental laws and re~flatlons. The new pier will follow the general existing alignment but be modified to consist of only one pier fitted with a floating dock extended tie offpiles and raised to a 5-foot dock clearance over the bottom sediments until passing the landward limit of the adiacent spartina fringe vegetation, then ramp to shore. Piles and rail~ will be 3 1/2 feet above the deck. There will be no impairment of water flow or navi~atlrm Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. Sec LWRP Section Ill - Policies Page 3 through 6 for evaluation criteria. £ Yes __ No X Not Applicable ! ! 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria X Yes __ No Not Applicable This proiect is to build a new pier and float in place of existing longstanding facilities which do not comply with residential dock design standards of the Town or State DEC. In addition, a long standing. concrete shoreline retaining wall will be removed and more natural armor stone will be placed to protect the bluff from erosion. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section HI - Policies Pages 8 through 16 for evaluation criteria. Yes No X Not Applicable The limited 70 to 80 feet of shoreline at this site does not meet the definition of Natural Coast because of the shoreline protection stone, concrete structures and the dock facilities. The new facility will remove the concrete and wood deck/platform, redistribute stone into a more natural form and then construct the new pier and dock facilities. The shoreline modifications should be beneficial in the establishment of more significant environmental features by decreasing the amount of shoreline structure. 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 oroiect will not have any affect on suitability of or avai!abilitv of dr/nkin~, water on Fishers Island. The proiect is being built at the toe of a coastal bluff where the ground eater w/Il be na~all¥ influenced by the marij~e waters of the cove (Inner Bay). This proiect area is not a source of drinkin~ water. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. X Yes __ No ~ Not Applicable This proiect is consistent with this policy because it decreases the amount of shoreline structures and raises the elevation of the pier landing to an acceptable height above the bottom sediments through which adiacent tidal wetlands vegetation may spread. It is envisioned that the pier structure will be built of wood. The NYS DEC prepared a study showing that the proposed pressure-treat_ed Southern Pine. timber products construction materials are suitable for this type of proiect in this location, except for decking which will be of untreated woods or composite (or plastic) materials in accordance with Town Law 6. As mentioned earlier, the design parameters shown on the drawings provides a reasonable and improved balance between acceptable pier and boating access standards and provide new oppommit':c.q for the wetlands vegetation to spread. Therefore, it is believed that the pier will encourage habitat enhancement. Attached is an Essential Fish Habitat Assessment prepared for this project Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section HI - Policies Pages 32 through 34 for evaluation criteria. Yes No X Not Applicable There are no air quality issues related to this project. No erni~qions will be generated by the dock facility and boating operations will not chan~e appreciably as a result of the new dock facilitw as opposed to the existing slructures and the boating operations at the Shillo's home. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section HI - Policies; Pages 34 through 38 for evaluation criteria. Yes No X Not Applicable There is no solid waste or hazardous substances to be generated fi:om this pmiect. The pressure-treated wood trimmings fi:om the dock construction will be collected and disposed of in accordance with current regulations so as to mln~rni:,e any harmfi,! affect. Removals will take place as a part of the project and all waste and demolished dock components will be removed from the i.ql~and and disposed of in accordance with Federal, State. and local laws and ordinances. 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 HI - 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 const/mte~ the aren between the mean hig_~h water line and mean iow water line and the coastal and tidal wetlands vegetation · resources at and waterward of the high tide line. There is no public access to this site nor is any required fi.om private residential land. These environmental resources are being protected by the desi~ standards dictated by the Town and NYS DEC. There is virtually no public use of the waterfront in thi~ area because of the isolated nature of Inner Bay and the inhostfitable nature of the shoreline. The reconstruction of the pier and landward extension above the apparent high water line are not likely m influence or change this characteristic of the land but the new topo~yaphic features will be of-a moro natural character than the existing features WORKING COAST POLICIES Policy 10. Protect Southoid'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 This proiect is to build a wood pile and timber pier for water-dependent, recreational and transportation boating. This usage is defined as water-dependent in the LWRP because the pier is for recreational boating and provide boat transportation access to the mainland. This facility will not adversely affect other higher priority water dependent uses from being sited here. however, if those uses were not residential. It is not likely that changes in inland use would be implemented without aimaificant local opposition. Policy 11. Promote sustainable use of living marine resources in Long Island Sound the Peconic Estuary and Town waters. See LWRP Section HI - Policies; Pages 57 through 62 for evaluation criteria. Yes No X Not Applicable ~ ~' or shellfish industries or e rises. The ro'ect will result conformin~ to current standards, ts perceived as an environmental benefit Policy 12. Protect agricultural lands in the Town of Southold. Sm LWRP Section HI - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable This pier is not used for or in support of any a~-icultural or aquaculture industries or enterprises. Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP Section III - Policies; pages 65 through 68 for evaluation criteria. Yes ~ No X Not Applicable This pier is not used for or in support of any ener~ or mineral mining or processing operations PREPARED BY Keith B. Neilson, P.E.,Docko, Inc. TITLE Agent DATE 3/8/10 f f 6 THOMAS SHILLO ~ PIRATE'S COVE, FISHERS ISL NARRATIVE STATEMENT & SUPPLEMENTAL INFORMATION March 8, 2010 GENERAL Mr. Thomas Skillo owns parcel 1000-010-10-2 off the Gloaming located on the west shore of "Inner Bay" Pirates Cove on Fishers Island. The site is generally moderately sloped, sandy gravel earthen materials, vegetated with grass, brush, ground cover and trees. The frontage of the property is on Pirate's Cove abutted by Mr. $ohn Ski to the south and Mr. Paul Tombari to the east. The waterfront consists of rocks and tidal wetlands vegetation at the base of a short but steep, sloped, eroding bluff. It is the Shillo's desire to reconstruct a timber and pile supported pier. The dock end of this new pier will go fi:om an end elevation of 5 feet above mean low water (MLW), sloping upward and crossing over the intertidal zone at a typical height 5.7 feet above the bottom sediments until reaching a maximum elevation of about 8 feet and then a landing to shore. Attached are application drawings prepared for this project. This supplemental narrative has been prepared in accordance with the requirements of Town of Southold, Ordinance No. 6, 2004, and the Water~ont Revitalization Program related to docks and shorefi:ont 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 Depa~ttuent of Environmental Conservation. DESCRIPTION OF WORK As mentioned in the introductory paragraph, this project is to reconstruct a fixed wood pile and timber docking facilities fi:om the shore out into Pirate's Cove in accordance with existing guidelines set forth in the Town of Southold ordinance No. 6, 2004. It is envisioned that this structure will be built utilizing the following general sequence and methodology. The marine contractor will arrive by water at or near high tide with barge-mounted crane and push boats. The existing pier will be demolished after reference guide pile(s) are set for the new pier construction. New piles will be driven starting at the new shore landing end of the pier and proceeding waterward at roughly 10-foot intervals to the waterward end of the pier. These piles will be driven by double-acting air bommer to a bearing resistance of approximately 20 tons. This generally results in about ten feet of embedment of the pile in the bearing stratum. After the piles are installed, split caps (also referred to as split clamps) consisting of a pair of pressure treated Southern Pine timbers ranging fi:om 3 x 10 to 4 x 12 nominal dimension, will be bolted to the plies transversely forming a pile bent. Stringers will be then laid on thc split caps parallel to the length of the pier. In all likelihood, three runs of stringers will be set and will probably consist of 3 x 10 pressure-treated Southern Pine. The outer stringer on each side will be bolted or spiked to the pile to take care of an);: uplift forces that this pier might be exposed to. Thomas Shilio Pirate's Cove, Fishers Narrative Page 2 of 8 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, fir, cedar, hardwood or plastic/composite such as Timber Tech or similar synthetic material with the brushed side mounted up. If plastic or composite decking is used, it will be grey, brown, or natural in color. Decking will be attached to the stringers utilizing galvanized nails or stainless steel flathead square-drive wood screws about 3 inches long and will be set with a ¼" gap between deck planks. The over-water decking will run level at an elevation of five to six feet above MLW or to clear 5-fo above the existing bottom sediments with a slope upward at approximately 1 foot vertically per 10 feet horizontally maximum, or less, paralleling as closely as possible the slope of the existing intertidal zone until reaching the finished elevation landward of tidal wetlands vegetation. At this point the decking will level off as a landing and run straight to the shore. See Sheet 4 of the application drawings for the pier profile. The piles will be cut off about 42 inches above the deck surface and have horizontal rail members mounted to them. A rail of cedar, oak, hardwood or Timber Tech material will be installed for safety'. Water and electricity will be nm out on the pier in the space between the stringers so that trickle chargers and / or bilge pumps on the boat(s) 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 fi:om 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 (25 Watts +/-) will be mounted on staggered piles or dock mil posts to illuminate the deck and the walking surface up to 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, LTM policies that are applicable to the Shillo dock reconstruction are a local refinement of the Long Island Sound Regional Coastal Management Program policies that apply throughout Long Island Sound. The Shillo site is on Pirate's Cove, Inner Bay, and is characterized by developed coast interspersed with natural coast. There is the longstanding concrete sea wall which is typical of at least a somewhat developed shored:ont. The developed coast policies are applicable as foliows: Policy I is to foster a pattern of development that enhances community character and preserves natural resources to the maximum extent and minimizes adverse impacts on the environment, Policy 2 is to preserve historic resources, Policy 3 is to enhance and protect scenic resources and visual quality. The proposed dock reconstruction for the Shillo's is consistent with waterfront development on Fishers Island and in coastal areas. The pier is made of timbers and utilizes thi' materials allowable under Local Law #6 and consistent with other adjacent dock facilities and character/sties for the visual and scenic considerations. The encroachment has been limited to the 2 Thomas Shiilo ~ Pirate's Cove, Fishers IsT~nd Narrative Page 3 of 8 existing penmitted length to be consistent with DEC policies and the structure is as low profile as possible consistent with the safe and efficient use of the waters, consistent with the tidal range of this site and the need to provide adequate clearance of bottom sediments. Lighting will be minimal for operational safety and otherwise off, and lights will be utilized only when necessary for boating purposes so that during hours of darkness there will be no long term adverse impact NATURAL COAST POLICIES The Natural Coastal Policies are 4 through 8 and require consideration as follows: Policy 4 - Minimize loss of life, structures and natural resources from flooding and erosion, Policy 5 - Protect and improve water quality Policy 6 - Protect and restore the quality and function of the eeo-system, Policy 7 - Protect and improve air quality, Policy 8 - Minimize environmental degradation primarily fi:om solid waste and hazardous substances. The proposed reconsmaction for the Shillo recreational boating facility has been laid out and configured so as to be consistent with previous long-standing facility for the site and the town and DEC permit requirements for such structures. As such, it provides adequate height to clear environmental resources of concern and the materials to be utilized are consistent with Town of Southold's Local Law #6 regarding environmental quality and the use of pressure- treated Southern Yellow Pine timber and pile components in particular. Reference is made to the DEC study fi:om the year 2000 which determined that the use of CCA-treated piles and timbers was suitable and acceptable for the marine environment. Decking will not CCA pressure-mated Southern Pine. There will be no adverse impacts on air quality as a result of this structure and solid waste materials attributable to the new structure and demolition of the old structure will be disposed of offisland an in accordance with applicable state and federal standards. 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 a recreational boating facility for the Shillo's property without adversely affecting public access to Public Trust Lands and Waters of the State, or navigation 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 anergy and mlneral resources. Thom,a.s Shillo ~ Pirate s Cove, Fishers Is'ITmd Narrative Page 4 of 8 While most of the Working Coast Policies are not applicable to this site or tiffs type of project, Policy 10, promoting water-dependent uses and the citing of water-dependent uses in appropriate areas is applicable and the proposed project has been laid out to make the most beneficial use of the land and locating the dock facility in the most appropriate point of the land where access down the bank will not require excessive slamctural facilities and can be accommodated with path work rather than formal stairs and so on. This project has been laid out with specific reference and review of the Waterfront Revitalization Program policies and is considered to be consistent. In summary, the proposed dock reconstruction maintain~ the typical nature of recreationaI boating facilities throughout the area and all along coastal New England. The structure has been minimized in size, height, and structure so as to be consistent with other facilities of a similar nature and the minimum necessary components to accommodate safe and efficient boating operations from this site. This project does not interfere with public access or use of public trust waters and lands of the State. It does not interfere with navigation, nor will it create:soil or sedimentation erosion problems, it will only minimally affect environmental resources and in the area where the facility must span the imertidal zone at the shoreline. The facility has been located in the footprint of the existing pier where environmental resources have already reached equilibrium so as not to worsen any of these conditions but rather it will improve them. The height of the structure has been specifically addressed by raising the pier to encourage re- vegetation of the shoreline by tidal wetlands plants if other conditions are conducive to such growth. The dock is in 4 feet of water so that dredging will not be an issue and thus further minimizing adverse environmental impacts. Most of the Shillo's shoreline will remain in or be returned to a more natural state as a result of these considerations for design. There is no loss of valuable marine and wetland habitat and no water quality degradation as a result of this project. Reference is made to the NYS DEC study from 2000 indicating the suitability of preasure-treated Southern Yellow Pine piles and super-structure components for this type of purpose. In accordance with Local Law #6, for the pier and the ramp treads will be of wood products other than Southern Yellow Pine. No natural protective features or processes will be adversely impacted as a result of the proposed docking facility. This project is consistent with zoning policies and ordinances for the Town. The pier will be maintained as an accessory to the Shillo's home 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 opportunity compatible with the natural resource values and characteristics of the site. Thom~ Shillo ~ Pirate s Cove, Fishers I'~l~d Narrative Page 5 of 8 REQUIREMENTS OF SECTION 97-25 OF TI-IE WETLANDS LAW 6~ 2004 The permittee acknowledges that the validity of this permit is subject to the approval of other governmental or municipal authorities. The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers. The pemfittee 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, or possibly 8 to 10-inch butt diameter CCA pressure-treated Southern Yellow Pine (SYP), Greenheart or piles with new split caps and braces of pressure-treated SYP materials. These members will be a mln~mum of 3 X 8'S and more often, 3 x 10's with at least one %" holt per connection, and in many cases, two ~" bolts per connection. This pier is a fixed, pile-supported timber structure and therefore will not adversely affect the flee circulation of water or reduce the effects of fluctuating water levels in Fishers Island Sound. 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's end will be inundated. The pier's profile at 5-feet above the intertidal zone sediments means that for the most part this section of the pier will stay above breaking waves. The structure's SYP tiraber materials represent the standard of the indnstr~ and are specifically grown and treated to be capable of withstanding full immersion. With the connections described above, this structure will be able to survive repeated inundations and typical direct waves at high tide elevations with a strucmrai life of 10 to 20 years. '-': Thomas Shillo Pirate's Cove, Fishers Narrative Page 6 of 8 The pier support will include driving new piles at 10-foot intervals to the maximum extent possible in order to obtain the desired pier alignment and support intervals. The use of CCA pressure-treated piles and timbers can be approved forth.is project in accordance with Local Law 6. The pier w/Il not be decked with CCA pressure-treated Southern Pine. This pier provides a safe pedestrian surface for access to the berthed boat. Rails are proposed to be installed on the pier for safety. The new pier will be built in the footprint of the existing structures. The 15-foot property line clearance specified in this paragraph should not be an issue because the pier being replaced was permitted and has existed in this location uncontested for years and does not represent a significant encroachment into the boating operation area of neighbors nor does it project into the navigation way for other boaters. Upon receipt of the permit for this project, appropriate permit identification numbers and a Town permit placard will be affixed to the most seaward face of the pier for identification from the water. There are no permanent structures located above the pier decking, nor are any planned at this time other than the power post and railing which are fixed by function. It is possible and intended to provide a five-foot, clear passage way on the upland to get under this pier and that accessibility will be retained between the ALW and MI-IW lines. There will room to walk under the pier at low tide; however, foot traffic in this area is rare, if at all. NEW YORK STATE COASTAL MANAGEMENT PROGRAM These application documents include a copy of the Federal Consistency Assessment Form utilized for the New York State Coastal Management Program under the jurisdiction of the New York State Depmtment 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 reconstruct a previously permitted, long- standing and fully functional water dependent use, a dock facility at this site in support of recreational boating but meeting current Town and State residential dock standards. Policy 5 - Use of Existing Developed Shore~ont - Developed shoreline on this site is limited to less than half of the shoreline length. This project utilizes existing shorefront which has'~ accommodated a pier for years and developed equilibrium with resources such as growth of tidal wetlands vegetation. The project will be to reconstruct a pier to make it safe and reliably usable 6 Thom~ Shillo ~ Pirate s Cove, Fishers l~ad Narrative Page 7 of 8 in most weather conditions. By meeting currem Town and State standards for residential docks, it is anticipated that there will be habitat improvements. Policy 7 - Significant Fish & Wildlife Habitat - Protection of sign/ficant fish and wildlife habitat has been considered in the development of this project layout. The shoreward point of beginning will be over or in the vicinity of vegetated shoreline fi'inge and rocky inter-tidal sediments and should not jeopardize the integrity of existing limited spartina fiinge outcrops. Studies indicate that there is a slight environmental benefit provided by piers because of the creation of structure in the water column where barnacles, algae and crustaceans will inhabit. The floating dock also provides some protection for juvenile fish. Policy 8 - Protection & Preservation of Habitat - Protection and preservation of habitat has been duly considered in this project and the dock structure is being kept to its minimal configuration and of mater/als consistent with standards of the industry and restrictions set forth in the Wetlands Law, No. 6, 2004 set forth by the Town of Southold and standards of the NYS DEC. Maintaining the pier's northeast / southwest ali~ment will allow sunlight to reach the inter-tidal and shallow sub-tidal sediments around the facility in the morning from the east and in the afternoon fxom the west. Policy 11 - Minimize Damage to Natural Resources - The dock construction project has been laid out in such a way so as to minimize damage to natmal resources as identified in Policy 7 above. The pier has been sited in the area where the existing pier has been located for years and shoreline vegetative habitat has come to equilibrium. Removal of the concrete sea wall should be beneficial to the shoreline species. 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 water flow 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 on those levels. Policy 15 -No Dredging - Dredging is not required in this project. The floating dock system has been laid out in its current location and configuration to avoid any dredging requirements. The depth of 4 feet as generally recommended by the NYS DEC has been reached. The waters are protected enough that boats can be berthed bow to shore leaving the motor out in the deeper water. The float and the bow of the boat will not ground out at low tide. Policy 19 - Impact on Public Access - Public access will not be jeopardized or impeded as a result ofth/s project. As a matter of fact, there is almost no public access usage of the public trust lands or waters at this site. The intertidal zone is significantly covered by boulders and tidal wetlands fiinge vegetation and the shallow sub-tidal waters do not present any opportunity or enticement for public access in the area. The pier occupies the landward 25% of the waterway width in accordance with US ACOE policies and under 4 feet of water depth. Thus, public access to the State's lands and waters will not be adversely affected by the project. Thomas Shillo Pirate's Cove, Fishers Narrative Page 8 of 8 Policy 20 - PubLic Trust Compatibili~ with Existin~ Adiolning 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 opportunities policies set forth in this section. Policy 24 -Scenic Resources, Impairment or Loss - This policy is designed to prevent impairment or loss of scenic resources. The construction of the fixed wood pile and timber pier will not represent a new encroachment or structure which would create a loss of scenic resources. The elevated inboard landing section of the pier will be largely over-shadowed by the tree growth, the spartina fringe marsh on the site on the concave shore lands. Policy 25 - Enhance Overall Scenic Qualit~ - The new dock structure will be consistent with the scenic quality of the area and prevent loss of scenic resources as described in Policy 24 above. Policy 44 - Preserve and Protect Tidal Wetlands - It is acknowledged that the fragmented fringe of spartina altemiflora along the shorefront is a valuable resource but it is very limited at this site. The construction of the fixed wood pile and timber pier has taken advantage of the existing un-vegetated strip of the shoreline caused by the existing pier in order to avoid adverse wetlands impact. The raised height of the pier should allow opportunities for the growth of the span'ina fringe vegetation naturally up to, and to an extent, beneath the wood pier once the new pier is built. SUMMARY This project proposes pier reconsmaction for recreational boating access of property of the Robert Shillo 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 tkis 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 are respectfully requested. 8 Respectfully submitted, DOCKO, INC. Keith B. Neilson, P.E. APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibit~ conflicts of interest on tha anrt of toWn 6ffinem and emolovecs. Thc oorcoSc of ~is form is to orovide information which can alert the town of oussible conflicts ofinte~st and allow it to take whatever action is necnssarv to avoid same.. -. - i . (Last name, first ri&ns, -~niddic initial, unless you are applying in the nsmc of someom cls~ or other entity, such as a company. If so, indicate the other NAME OF APPLICATION: (Check all that apply.) Variance Change of Zons Approval of plat Exemption from plat or official map Other (If"Other'-, name thc activity.), Building Trustee Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, paint, or child) have a relationship ~ith any officer or employee of the Town of South~ld? "Relationship" includes by blood, m. ardage, or business i/l~crest. "Busines~ interest~ mcens a business, including a partnership, in which thc town officer or employee has even a partial ownership of (o~' employment by) a corporation in which thc town officer or employee owns more than 5% of the shares. YES ~o ~ .~ lfydu answered "YES", complete the balance of this form and date and sign where indicated. Name of person cmployed by thc Town of Southold Title Or position of that person Describe the relationship between yourself(the applicant/agcn~/represe nt ative) and thc town officer or employee. Either check thc appropriate linc A) through D) and/or descdbe in thc space pw~idcd, Thc town officer or employee or his or her spouse, sibling, parent, o~ ~hild is (check all that apply): __A) the owner of greater than 5% oftha shares of the corporate stock of the applicant (when the applicant is a corporation); ' --B) the legal or beneficial own? of any interest in a non-corpomte entity (when the applicant is not a corporation); __C) an officer, director, parmei', or employee of the applicant; Or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Subm~cd this ~d~v Signature Print Name 1. ELEVA'11ON DATUM IS ,a,.C~AI~NT LOW WATER. ::i:.;: :/'!" :?::! :" ': ' 2. TIDB DATA 15 TAKEN F~4:OM 2002 NOAA %T~,; ;"!: ~';,;:i;: i. ' TiDE T, AE~L.E~ P-EP-ERENCE: 'vVE~T HA~E~ .:' ~ 3. I::=ROJF-CT P~EMOVE ~2..%~F ~X~TIN~ W~D DEG~ ~ OF CONC~ ~NIN~ W~ ~D ~/~ ¢~F UNDE~ RE~ ~N~ ~E OF ~B~ ~E~ IN~T~ ~ ~ X 20-~ ~AT WA~ OF ~E ~ HICH WA~ MNE. ~. ~dE~ ~E: ~1~ I~ A ~A~ ~OC~ ~R ~A~N~. ~E ~HO~NE ~ODIR~ON~ ~HO~LINE ~O TO ~ A ~EP ~O~. ~ N~ ~N~U~N CON~ O~U~E~. A TO~C~ ~UI~IN~ ~IT ~ ~E ~L TO~B~ JOHN ~ P.O. ~X 357 P.O. ~X C OWN OF 3LDo- /WO ,¢L.OA T~ i INNER COVE PROJECT: LOCATION: WATEI~'A/AY; 12il2.A'T~ COV~ DATE; DECEMBEI~ ~C~: ~ ~1~ ~E~: C KO, INC. E~ d~.n~ ISLAND, TOWN OF .~:2LrTHOLD COUNTY, NEW' CHILLO LAWN 24.' h!ACLE ~ ~:'.... N/~PP, OPE~ .- ~.:.:~,,/' _- '~.':,,: ...'.-,:.':_- -" '.- ' ' & ' ,.'...- ::",., O~TO~,A~ '- ' '~:-- ':.k," .: .': ?,--','-' ". :'.. I~ :.' .:' ' '"' .: '/: '.:'" ~' ~ ': ~ ~'-. ' ''..- ~(~o~:, ' ' '.~?_:~.'::~¢ / .... ~%-.:-:.;:,_:.{:: .. ~ ::/-% ~;¢Z / ~:.-- .,. ,.,, ~..-... ~'- ¢ % -~ - ...._ ~/~ _ ..._ %%::.'-. ~ · --UNDER WOOD DECK ~ -_ ~ ~ ~TONE ~nd ~MSE~ C~B ~. -- - FOOf'P~NT 0¢ ,--'"'~'E¢, P.,AMP and FLOAT WATI~I;k%VAy: RI~ATE~ COV~ DAT~ I~ECEMBF-.~ ;23, 2OO~ APPLICANT: THOI'IA~ ~HILLO · ' ..OF TOM~A~I ::i FLOAT TO BE EEt"IOVED N~,V FI.OAT ~ 0'~) FLOAT COVE LOCATION: RE~E.R~ I.~!-,AND, TOWN ..~UFFOLK COUNTY, NE'¥V ¢:~P-O JECT: ~HOP-EF:P. ONT i"IODIFICATION~ F~AT¢ ~U~VE'r' by JAP1C~S E~J;~J/N;~:;~ ~D SIJ~%/EY~N(~ AND ~lP NOT SHOWN N~V ~ NEW ,:~.-/N/::'/E~ Su~o~- ~LE AC~.OXIMA'~ ,AT B4GE OF NEW' 10-IN TIN-.~FF PILE 70P E~ 18~- ALw!... O"Y~) -- EXLG'PN~ WCOD DEC~ CQNCI~'E NO 'A/ETLAND~ VE~ETA'qON ON DANK 5' X 20' k-l..OAT wi.ifl NO WETLAND~ VEGETATION ON E~NK ) DILLY DAND EEE N Z:::::' 5TONE ,T:,PECIF1CATIONE (NOMINAL) VOLUME I:~E:::ENTASE TONNAGE FT DIA. 9~:CY 30% 15'~TONE FT DIA. I~"Y 50% 25=TQNLG IN O~ ~ 20~ 1C~TON~ IEVV 1~-F'T ~VIOE NON-TU~ aUF~ : CONCRETE P*ET, NNIN~ WAD.. ;' I~.PLACED WiTH EOJLDER5 NE~V F-'I~ I::'iE,~ END El.. h'!AXlh'IUl'~l DECK ¢L. OI~ 10: 1- 10 NEW' LADDER NO'rE: ST, AII:(S, P. AI!..~, DECK ,AND ILLUMINAI~ON LEVEL~ .APE TO BE 1N .,NZ:COP. DANCE LOCAL BLJILDiN(D CODF_~. ~/ISEID 7-2140 ~,/N~lP LEN~I"H $ R.OAT LOC. ~VlSED ~,-4-10 T.O.S. I~iE~ I-EN~TH, FI-OAT I..C~.$ NON-TIJRF EUFFER P.E~ISED ,~-11-10 DEC STONE SPECS. P~DJECT: ~HOI~.F3;~ONT LOCA'RON: WATE.JL:'WAY: PlRATE~ COVE DATE: DECEMBE~ .Z~, 2009 API::~C, ANT: I'HO~ SHILLO FISHERS ISLAND, TO~'N c~SOLrT'HHOLD SUFFOLK. ~OUNT¥, NE'vV YORK