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HomeMy WebLinkAbout1000-10.-10-2 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jill Doherfy, President Town of Southold Board of Truste~.s-~ From: MarkTerry, 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 maritima) 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 hi,qh water for navigation, recreation, and other public trust purposes~ including the incidental ri.qhf-~ 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.~. 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 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS / 20]0 All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement othe~_,~ information used by a Town of Southold agency in making a determination o~ consistency. *Except for minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (w.h/ch inclndes all of Southold Town). If any question in Section C on th/s 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 suooortin~ and non-supporting facts If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's Office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 010 - 10 - 2 PROJECT NAME: THOMAS SHILLO The Application has been submitted to (check appropriate response): Town Board Planning Board __ Building Dept. __ Board of Trustees X 1. Category of Town of Southold agency action (check appropriate response): a) Action undertaken directly to Town agency (e.g. capital 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 deckI 22 +l- 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 1/= x 24 ft ramp and restraint piles, at or waterward of the apparent high 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? Yes X No If yes, wtfich state or federal Agency? US ACOE, NYS DEC Evaluate the project to the following policies by analyzing how the project will further support of not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. X Yes No __ Not Applicable This shorefront modification project 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 Program, Southold Local Law No. 6, 2004 and the Southold LWRP. The existing, longstanding dock facilities do not comply with current environmental laws and regulations. The new pier will follow the general existing ali~ment 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 adjacent spartina fringe vegetation, then ramp to shore. Piles and rails will be 3 1/2 feet above the deck. There will be no impairment of water flow or navigation Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Page 3 through 6 for evaluation criteria. __ Yes ~ No X Not Applicable 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria X Yes __ No Not Applicable This project 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 III - 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 sigrdficant 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 project will not have any affect on suitability of or availability of drinklng water on Fishers Island. The project is being built at the toe of a coastal blaff where the ground eater will be naturally influenced by the marine waters of the cove (Inner Bay). This project area is not a source of drinklng water. 3 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 b~'lt of wood. The NYS DEC prepared a study showing that the proposed pressure-treated Southem Pine timber products construction materials are suitable for this type of project in this location, except for decking which will be of untreated woods or composite (or plastic) materials 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 opportunities 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 proiect Policy 7. Protect and improve air quality in the Town of Southoid. 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 proiect. No emissions will be generated by the dock facility and boating operations will not chan~e appreciably as a result of the new dock facilit-? as opposed to the existing structures 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 from this project. The pressure-treated wood trimmings from the dock construction will be collected and disposed of in accordance with current regulations so as to minirni2e any harmful affect. Removals will take place as a part of the project and all waste and demolished dock components will be removed fi'om the island 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 lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes __ No X Not Applicable This project is being built on private land. The public trust lands and waters constitutes the area between the mean high water line and mean low water line and the 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 from private residential land. These environmental resources are being protected by the design 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 inhospitable nature of the shoreline. The reconstruction of the pier and landward extension above the apparent high water line are not likely to influence or change this characteristic of the land but the new topographic features will be of a more natural character than the existing features. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. X Yes No Not Applicable This project is to build a wood pile and timber pier 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 si..tmificant local opposition. Policy 11. Promote sustainable use of living marine resources in Long Island Sound the Peconic Estuary and Town waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. Yes __ No X Not Applicable This pier is not used for commercial fishin~ or shellfish industries or enterprises. The project will result in a demolition of aged and non-conforming shoreline facilities at tkis site and so this project. conforming to current standards, is perceived as an environmental benefit Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. __ Yes No X Not Applicable This pier is not used for or in support of any agricultural or aquaculture industries or enterprises. Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP Section IH - Policies; pages 65 through 68 for evaluation criteria. Yes __ No X Not Applicable This pier is not used for or in support of any energy or mineral mining or processing operations. PREPARED BY Keith B. Neilson, P.E.,Docko, Inc. TITLE Agent~_DATE 3/8/10 6 THOMAS SHILLO PIRATE'S COVE, FISHERS ISLAND NARRATIVE STATEMENT & SUPPLEMENTAL INFORMATION March 8, 2010 GENERAL Mr. Thomas Shillo 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. John 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 from 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 Waterfront Revitalization Program related to docks and shorefront improvements. In addition, various coastal policies under the New York State Coastal Management Act are addressed herein for review by the New York State Department of State and Department of Environmental Conservation. DESCRIPTION OF WORK As mentioned in the introductory paragraph, this project is to reconstruct a fi_xed wood pile and timber docking facilities from 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 hammer to a bearing resistance of approximately 20 tons. This generally results in about ten feet of embedment of the pile in the bearing stratum. 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 piles transversely fomaing a pile bent. Stringers will be then laid on the split caps parallel to the length of the pier. In all likelihood, three mas 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 an3;' uplift forces that this pier m/ght be exposed to. Thomas Shillo Pirate's Cove, Fishers Island Narrative Page 2 ors 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, th/s deckSng 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 ~A" gap between deck planks. The over-water decking will mn level at an elevation of five to six feet above MLW or m clear 5-ft. 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 offas a landing and mn 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 mn 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 from extension cords. The power post will also have coiling arms for storage of the electric service cord and hose between uses. Because the dock may be used during the hours of darkness, low-intensity lights (25 Watts +/-) will be mounted on staggered piles or dock rail posts to illuminate the deck and the walking surface up to the bank. 'INs 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 REVITAI.IZ&TION POLICIES The Town of Southold, LWRP 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 shorefront. The developed coast policies are applicable as follows: Policy 1 is to foster a pattern of development that enhances community character and preserves natural resources to the maximum extent and minimizes adverse impacts on the environment, Policy 2 is to preserve historic resources, Policy 3 is to enhance and protect scenic resources and visual quality. 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 th~- materials allowable under Local Law #6 and consistent with other adjacent dock facilities and characteristics for the visual and scenic considerations. The encroachment has been limited to the 2 Thomas Shillo Pirate's Cove, Fishers Island Narrative Page 3 of 8 existing permitted length to be consistent with DEC policies ~ 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 quahty Policy 6 - Protect and restore the quality and function of the eeo-system, Policy 7 - Protect and improve ak quality, Policy 8 - Minimize environmental degradation primarily fi:om solid waste and hazardous substances. The proposed reconstruction for the SM[lo 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 utiliTed are consistent with Town of Southold's Local Law #6 regard/ng 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-treated Southem 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 off island 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 energy and mineral resources. 3 ! ~ Thomas Shillo ?irate's Cove, Fishers Island Narrative Page 4 of 8 While most of the Working Coast Policies are not applicable to this site or this type of project, Policy 10, promoting water-dependent uses and the citing of water-dependent uses in appropriate areas is applicable and the proposed project has been laid out to make the most beneficial use of the land and locating the dock facility in the most appropriate point of the land where access down the bank will not require excessive structural facilities and can 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 Waterfi'ont Revitalization Program policies and is considered to be consistent. In summary, the proposed dock reconstruction maintains 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 intertidal 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 pressure-treated Southern Yellow Pine piles and super-structure components for ti'tis 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 oppommity compatible with the natural resource values and characteristics of the site. Thomas Shillo 'Pirate's Cove, Fishers Island Narrative Page 5 of 8 REQUIREMENTS OF SECTION 97-25 OF TH~ WETLANDS LAW 6~ 2004 The permittee acknowledges that the validity of this permit is subject to the approval of other governmental or municipal authorities. The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers. The permittee gives consent to the Town and its officers, empioyees 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 minimum of 3 x 8's and more often, 3 x 10's with at least one 3A" bolt per connection, and in many cases, two aA" bolts per connection. This pier is a fixed, pile-supported tknber structure and therefore will not adversely affect the free 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 timber materials represent the standard of the industry and are specifically grown and treated to be capable of withstanding full immersion. With the counections described above, this structure will be able to survive repeated inundations and typical direct waves at high tide elevations with a structural life of 10 to 20 years. ':~ 5 ~ f Thomas Shillo 'Pirate's Cove, Fishers Island 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 ali=munent and support intervals. The use of CCA pressure-treated piles and timbers can be approved for this project in accordance with Local Law 6. The pier will 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 fi:om 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 MHW lines. There will room to walk under the pier at low fide; however, foot traffic in this area is rare, if at all. NEW YORK STATE COASTAL MANAGEMENT PROGRAM These application documents include a copy of the Federal Consistency Assessment Form utilized for the New York State Coastal Management Program under the jurisdiction of the New York State Department of State. The following policies have been idemified 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 - Tiffs 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 Shorefi:ont - Developed shoreline on th.is site is limited to less than half of the shoreline length. This project utilizes existing shorefl:ont which has'-- accommodated a pier for years and developed equil/brim with resources such as growth of tidal wetlands vegetation. The project will be to reconstmat a pier to make it safe and reliably usable 6 Thomas Shillo 'Pirate's Cove, Fishers Island Narrative Page 7 of 8 in most weather conditions. By meeting current Town and State standards for residential docks, it is anticipated that there will be habitat improvements. Policy 7 - Simfificant Fish & Wildlife Habitat - Protection of significant 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 fringe and rocky inter-tidal sediments and should not jeopardize the integrity of existing limited spartina fringe 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 stmctare is being kept to its minimal configuration and of materials consistent with standards of the industry and restrictions set forth in the Wetlands Law, No. 6, 2004 set forth by the Town of Southold and standards of the NYS DEC. Maintaining the pier's northeast / southwest alignment will allow sunlight to reach the inter-tidal and shallow sub-tidal sediments around the facility in the morning from the east and in t.he at~ernoon fi:om the west. Policy 11 - Mi~imlze Damage to Natural Resources - The dock construction project has been laid out in such a way so as to minimize damage to natural resources as identified in Policy 7 above. The 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 of this project. As a matter of fact, there is almost no public access usage of the public trust lands or waters at this site. The Intertidal zone is significantly covered by boulders and tidal wetlands fringe 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. ~ 7 Thomas Shillo ,Pirate's Cove, Fishers Island Narrative Page 8 of 8 Policy 20 - Public Trust Compatibility with Existin~ Adioinin~ 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 furore facilities on mediately adjoining properties or the logical allocation of littoral development tights. Policy 21 - Water Dependent Recreation - This project is consistent with water-dependent recreational oppommities policies set forth in this section. Policy 24 -Scenic Resources, Impaimaem or Loss - This policy is desigrted 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 Quality ~ The new dock stmcture 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 oppommities for the growth of the spartina fringe vegetation naturally up to, and to an extent, beneath the wood pier once the new pier is built. S~Y This project proposes pier reconstruction 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 this project. This project complies with applicable standards of the New York State Coastal Management Act, NYS / DEC Tidal Wetland Regulations and criteria for approval, the Town of Southold Waterfront RevitaLization Program and Local Ordinance No. 6, 2004 and its approval are respectfully requested. 8 Respectfully submitted, DOCKO, INC. Keith B. Neilson, P.E. cable NOTF~: 1. ELEVATION DATL~M IS A~PAEENT LO',M WATEP, 2. ~DE DATA I~ T~ ~M 2002 NO~ REM~ ~F ~N~ WOOD OEC~ ~ OF CONC~ ~NIN~ 500~F UND~ ~E~ ~ON~ ~E OF WA~ ~ CON~ ~ OF WOOD ~LE ~D ~M~E~ ~E~ IN~T~ A ~F X WA~R LINE ~l~ I~ A ~A~ DOCK ~ ~C~O~ SHO~LIN~ ~ TO ~ A A CO~PI~ON OF ~U~ ~ ~U~O~. ~ ~ N~ 6. ~JOININ~ ~ ~T: ~: ~L TO~ JOHN ~ ~.0. ~X 357 P.O. ~X C P~OJECT: OVE~:~LL /::'LAN ~HOI:~F~ONT ~10IDIFICA'i'tON_~ LOCA'qON: WAT'~IL>~VAY: ¢I~ATF-~ COV~ DAT~. DECEMBER 2.~,2009 AF:'F~CANT: THOh'IA.~ 9HILLO A~ENT: SHEET 1 OF ~. IZDOCId~O, INC. My~c. ~ 0~355 E~ doc~sn~.n~ FI~HEI~.~ I~LA. ND, TOWN OF SOU'T~OL[D ~UFFOLK COUN'I~ff, NE~,V ~HILLO LAWN FLQAT~ FOO'f'P~JNT ¢' ¢'~DPOSED -DOCK CONCEPT PIER FLOAT /~ CU~:VE'Y by JAMB.~ BSI;~NAP-~O LANO\~U~:~VB~ING LLC ~HO~NF~ON~ ~1~1~1~ ~I~H~ I~D, ~O~ ~ ~U~HOLD ~UFPOL~ ~UN~, N~ YO~ ~HE~ 2 OF ~ 5~ docko~n~.n~ / N/F ..0¢' TOMBA~I TIMBE~ F'LATCOC-~fi c~nd STEPS STONE and "qMBE~ ~EO wi~ ~P ~nd ~AT NEV,/ 6' VVIlDE X 20' FLOAT - ',IEV,/3,5' X 2W /:::'/L.~ (TYp) FLOAT~ 5LJ~VEY b~ J,A/-I~ I~E~NA~O LAND SLJI~'V~'flNG LLC F~.OJECT: ¢HOI~EFI~ONT k'IOOIFICATION¢ LOCATION: FiSHER,.~ ISLAND, TOWN 0'¢ SOUTHHOLD SUFFOLK GOUNT~, N~V YO~K WATEi;L~VAY: pII;2~'l-~ COVE DOC~O, INC. ~i~ B. Neilson, ~ NCTT~ FL.OAT P~E~TI~NNT ~L~ AT TO~ OF D~CK CO~UOU~ F~OA TA ~ ~N I I I I 10 5 0 10 -- CON~NU~U~ CONCR~ ~NIN~ W~ N~ ~E~ (~P~ ~ FLOATA ~ON UNDER DECK TO BE ~MO~ MHWL-- ~WL - ~ lO o 2o ~JE~: CHO~¢F~ONT ~OOlFICA~ON5 ~CA~ON: FISHE~ I5~D, T~ ~HO~  ~ ~U~ ~UN~, N~ YO~~ ~ ' WA~AY: ~A~ DECBM~R ~, 2009  ~C~T: ~0~ ~HI~ ~E~: ~HE~ ~ OF~