Loading...
HomeMy WebLinkAboutTR-7554 Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen 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 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. 7554 DATE: MAY 18~ 2011 ISSUED TO: WILLIAM GAILLARD PROPERTY ADDRESS: BELL HILL AVENUE~ FISHERS ISLAND SCTM# 9-3-5 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on May 18,2011, and in consideration of application fee in the stun of $250.00 paid by William Galliard and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to reconstruct an existing 6'x43' pile supported dock of which 20 linear feet will have grated decking; construct new 10'x6' pile supported timber dock extension with electric and water utilities, davit and a ladder; install new 8'x20' float with associated tie-off and restraint piles, hinged ramp and ladder; and as depicted on the site plan prepared by Docko, Inc., last dated September 13, 2010, and stamped approved On May 18, 2011. IN WITNESS WHEREOF, the:~id Board of Trustees hereby causes its Corporate Seal to be affLxed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Pcrmittcc William Gaillard, residing at Bell Hill Avenue, FiShers Island, New York as part of thc consideration for thc issuance of the Permit docs understand and prescribe to thc following: That the said Board of Trustees and the Town of Southold are released fi.om any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to tins permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion oftbe Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said 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 oftbe originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the fight oftbe 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 flee navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be noiified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other pemiits and consents that maybe required supplemental to this perw. it~.which may be subject to revoke upon failui:e Io obtain same. Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen 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 May 18, 2011 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Keith Neilson Docko, Inc. P.O. Box 421 Mystic, CT 06355 RE: WILLIAM GAILLARD BELL HILL AVENUE, FISHERS ISLAND SCTM# 9-3-5 Dear Mr. Nelson: The Board of Town Trustees took the following action dudng its regular meeting held on Wednesday, May 18, 2011 regarding the above matter: WHEREAS, Docko, Inc. on behalf of WILLIAM GAILLARD 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 Apd118, 2011, 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 Headng was held by the Town Trustees with respect to said application on May 18, 2011, 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, 2 WHEREAS, the Board has considered all the testimony and documentation submitted conceming 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 WILLIAM GAILLARD to reconstruct an existing 6'x43' pile supported dock of which 20 linear feet will have grated decking; construct new 10'x6' pile supported timber dock extension with electdc and water utilities, davit and a ladder; install new 8'x20' float with associated tie- off and restraint piles, hinged ramp and ladder; and as depicted on the site plan prepared by Docko, Inc., last dated September 13, 2010, and stamped approved on May 18, 2011. 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: $0.00 Very truly yours, .~l~Doherty ~'~ Jill President, Board of Trustees JMD/eac Jill M Dohel'~y, Presidem Bob Ghosio, Jr., Vice-President James F. King Dave Bergen 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: WILLIAM GAILLARD requests a Wetland Permit to reconstruct an existing 6'X 43' pile supported dock of which 20 If. will have grated decking; construct new 10'X 6' pile supported timber dock extension with electric and water utilities, davit and a ladder; install new 8'X 20' float with associated tie-off and restraint piles, hinged ramp and ladder. Located: Bell Hill Ave., Fishers Island. SCTM#9-3-5 Type pf area to be impacted: (..~,8~ltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: Chapt. other ~/a pt.2 7 5 111 Type of Application: "~etland __Coastal Erosion __Amendment ._Administrative__Emergency Pre-Submission __Violation Info needed: Modifications: Conditions: Pres ~Were' V'~J. Doherty B Ghosio t'~J. King l,,~'~r. E~reder~e~r' D. Dze-nl~owski ~ther -- Form filled out in the field by D. Bergen, Mailed/Faxed to: Date: Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southoid At the meeting of the Southold Town Conservation Advisory Council held Wed., May 11, 2011, the following recommendation was made: WILLIAM GAILLARD to reconstruct an existing 6'X 43' pile supported dock of which 20 If. will have grated decking; construct new 10'X 6' pile supported timber dock extension with electric and water utilities, davit and a ladder; install new 8'X 20' float with associated tie- off and restraint piles, hinged ramp and ladder. Located: Bell Hill Ave., Fishers Island. SCTM#9-3-5 The CAC did not make an inspection, therefore no recommendation was made. I'~o~ko i~ I nl~, Serving the waterfront community since 1987 RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: permits@docko.com Ms Lauren Standish Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 April28,2011 RE: William Gaillard Dear Lauren: Keith asked me to forward you a copy of the NYS DEC permit for William Gaillard, received this morning. Yours truly, Joan McLaughlin Administrative Assistant JM:jm Enclosure CC: File: 07-07-1965 GAILLARD New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0365 Fax: (631) 444-0360 Website: www.dec.n¥..qov Joe Martens Commissionex Apri115,2011~ Mr. William Galliard 17 Meeting House Road Greenwich CT 06831 Re: NYSDEC Permit # 1-4738-00477/00003 Galliard Property Bell Hill Avenue Fishers Island SCTM # 1000-6-3-5 Dear Permittee: In conformance with the requirements of the State Unifo~rn Procedures Act (Article 70, ECL) and its implementing regulations (6 NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance dudng the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, Matthew R. Penski Environmental Analyst 1 cc: Docko, Inc. Habitat - TW File · NEW YORK STATE I)EPARTN~ OF ENVIRONMENTAL CONSERVATO Facility DEC ID 1-4738-00477 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: WILLIAM GAILLARD 17 MEETING HOUSE RD GREENWICH, CT 0683 MARIE GAILLARD BELL HILL AVE FISHERS ISLAND, NY 06390 Facility: GAILLARD PROPERTY BELL HILL AVEISCTM # 1000-6-3-5 FISHERS ISLAND, NY Facility Application Contact: DOCKO 1-NC PO BOX 421 MYSTIC, CT 06355 (860) 572-8939 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 749.5 NYTM-N: 4572.2 Latitude: 41°15'45.8'' Longitude: 72°01'18.0'' Project Location: West side of Bell Hill Avenue, Fishers Island Authorized Activity: Reconstruct the landward 6 foot by 43 foot section of the existing pier and install open grate decking on the portion of the pier that transits vegetated tidal wetlands; construct a 6 foot by 10 foot extension to the pier and install a davit, ladder, and electric / water on the pier extension. Install a 3.5 foot by 18 foot ramp, 8 foot by 20 foot float having a ladder, and four (4) 10 inch to 12 inch diameter mooring piles. All work shall be performed in accordance with the plans prepared by Docko Incorporated last revised on 9/13/10, and stamped "NYSDEC Approved" on 4/15/11. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-00477/00003 New Permit Effective Date: 4/15/2011 Expiration Date: 4/14/2016 Water Quality Certification - Under Section 401 - Clean Water Act Permit 1D 1-4738-00477/00004 New Permit Effective Date: 4/15/2011 Expiration Date: 4/14/2016 Page 1 of 7 · NEW ORK STATE DEPARTM OF ENVIRONMENTAL CONSERVAT v Facility DEC ID 1-4738-00477 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: JOHN A W [~LAND, D~Pennit ~dministrator Address: NYSDEC !:EGION .1/HEADQUARTERS ! @, FONY, RO/OK CIP. CLE RD / ~NY~ ROO/g~; N~ 1790 -~409 Authorized Signamre:k~ !.//~ ~ff / / Dat~/~) / / ~'~ -~)i~[ribution List DOCKO INC Habitat - TW Permit Components NATURAL RESOURCE PERMIT CONDITIONS WATER QUALITY CERTIFICATION SPECIFIC CONDITION GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS; WATER QUALITY CERTIFICATION 1. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 2. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Docko Incorporated last revised on 9/13/10, and stamped "NYSDEC Approved" on 4/15/11. Page 2 of 7 NEW ~ORK STATE DEPARTMO OF ENVIRONMENTAL CONSERVATI~ Facility DEC 1D 1-4735-00477 3. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 50 linear feet from the tidal wetland boundary. 4. Width of Dock / Catwalk The dock or catwalk shall not exceed six (6) feet in width. 5. Catwalk Decking The decking of the section of the catwalk that extends over vegetated tidal wetlands shall be constructed with NYSDEC-approved fiberglass grating to reduce shading impacts on the marsh. 6. Docks at Property Lines Docks/catwalks/floats must not: a..extend laterally beyond property lines, h. be placed so that docked boats extend laterally over adjacent property line, c. interfere with navigation, or d. interfere with other landowners riparian rights. 7. No Permanent Structures on Dock No permanent structures shall be installed on dock/catwalk/float without first obtaining written Department approval (permit, modification, or amendment). $. Float Installation The float shall be installed only at the approved location with a minimum water depth of 2½ feet, measured at apparent low tide. 9. Use of Seasonal Ramp, Float The authorized ramp and float must be installed and removed seasonally. These seasonal structures may not be installed prior to April 1 of each calendar year and must be removed by December 1 of each calendar year. 10. No Floats, Ramps in Vegetated Tidal Wetlands Floats and ramps may not rest on or be stored in any vegetated tidal wetland. 11. Pilings at Property Lines Pilings shall not: a. extend laterally beyond property lines, b. be placed so that docked boats extend laterally over property lines, c. interfere with navigation, or d. interfere with other landowners riparian rights. 12. ]No Structures on Pilings No structures, other than structures specifically authorized by this permit, shall be constructed on pilings without further authorization from the department (permit, modification or amendment). Page 3 of 7 · NEW YORK STATE DEPARTM~ OF ENVIRONMENTAL CONSERVATI~ Facility DEC ID 1o4738-00477 13. NO Dredging or Excavation No dredging, excavating or other alteration of shoreline or underwater areas is authorized by this permit, nor shall issuance of this permit be construed to suggest that the Department will issue a permit for such activities in the future.~ 14. Use of Treated Wood The use of wood treated with Pentachlorophenol or other wood treatment not specifically approved by the Department for use in wetlands and/or marine waters, is strictly prohibited in the construction of structures that will be in contact with tidal waters. 15. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 16. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 17. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 18. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 19. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered bythe Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 20. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. Page 4 of 7 Facility DEC ID 1-4738-00477 WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS 1. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303,306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Depadment. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Depathnent at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOKI50 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands, Water Quality Certification. Page 5 of 7 Facility DEC ID 1-4738-00477 $. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 6 of 7 · NEW ~ORK STATE DEPARTM~ OF ENVIRONMENTAL CONSERVATO Facility DEC ID 1-4738-00477 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permi~tee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the pcrmittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permit~ee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to can'y out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 7 of 7 OF COMMENCEMENT OF CONSTRUCT. LON RETURN THIS FORM TO:COMPLiANCE Or Fax to: 631-444-0297 Bureau of Habitat-TW 50 Cimle Road Stony Brook, NY 1179~0-3409 CONTRACTOR NAME & ADDRESS: TELEPHONE: Dear Sir: Pursuant to the special conditions of the referenced permit, you are hereby notified that the authorized activity shall commence on · We certi~ that we have read the referenced permit and approved plans and fully understand the authorized project and all permit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all plan notes and permit conditions. The permit, permit sign, and approved plans will be available at the site for inspection in accordance with General Condition No. 1. (Both signatures required) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS A T LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND/OR ANY ASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMITAND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURA TION OF THE PROJECT MA Y SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENAL TIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut alon~l this line NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO: COMPLIANCE Bureau of Habitat- TW 50 Circle Road Stony Brook, NY 1/1790-3409 PERM,T PERMI'I-I'EE NAME & PROJECT ADDRESS: Or Fax to: 631-444-0297 EXPIRATION DATE: CONTRACTOR NAME & ADDRESS: TELEPHONE: Pursuant to special conditions of the referenced permit, you are hereby notified that the authorized activity was completed on · We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY, AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. 95-20-1 (11/03) --9d New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number sl3own when contacting the DEC. /- ~73~- 00 ~7 7/~ ~ ORe~ona~ ~=ermit Admi.istrator Permit Number L~ 7/U~_~~, ROGER EVANS Expiration Date NOTE: This notice is NOT a permit I I I DO0~ I"IODIFlC, ATION.~ ~j3 t'~3NI)ITIONs OF I I N~'W 10-tn ~ ~-tn TIE.~ Docko, Inc. From: Sent: 'To: Cc: Subject: Docko, Inc. [docko@snetnet] Tuesday, February 23, 2010 4:40 PM 'Karen Graulich' 'kandwgaillard@optonline.net' RE: GAILLARD DOCK, FISHERS ISLAND FILE Thank you for your e-mail below. We are coordinating the grate type decking approach with our client, incidentally, the pier has not been re-built. The structure that currently exists is the same s~ructure that was originally built (with deck planks replaced over time, etc.) in the 60's. I'll be back to your shortly. Thanks, Keith ..... Original Message ..... From: Karen Graulich [mailto:kagrauli@gw.dec.state.ny.us] Sent: Tuesday, February 23, 2010 9:07 AM To: Inc. Docko Subject: RE: GAILLARD DOCK, FISHERS ISLAND Hi Keith - The fact that you received and accepted a permit to construct (or reconstruct) the dock 5' wide would negate your ability to claim that the structure should be "grandfathered" in as legally pre-existing. If there was an objection to making the dock 5' wide then that objection should have been raised when the previous permit was issued. You would have been entitled to a hearing on the matter if the Department didn't agree to modify it. At this point, it's more of an enforcement matter and your client's position would be much weaker. Since there is some vegetated marsh at the site, why don't we consider a compromise that will also hopefully benefit the environment? We'll consider allowing you to reconstruct the existing 6' wide structure if the dock is constructed with a minimum of 60% open space fiberglass grating for the decking of at least that portion of the dock that extends from the landward end to MLW. This will reduce shading and perhaps encourage the marsh to flourish a bit more. Your client will get his 6' wide dock and the Department will not pursue further enforcement action. Please keep in mind that I'm looking for a possible resolution of this matter since the dock is already there and the previous structure may or may not have been 6' wide. The Department is not likely to start approving other 6' wide residential structures because they use the open grate decking. Let me know if this idea works for you. You'll also need to send revised plans (usually four copies) to your analyst in DEP. Thanks- Karen >>> "Docko, Inc." <docko@snet.net> 2/23/2010 8:40 AM >>> Dear Ms Graulich: There is a small area on the east side, maybe 100 SF, colonized by sparuina a!terniftora. We'll research the file and send you photographs. Since this structure was built in the 1960's, isn't there a pre-existing or "grandfathered" provision that allows such structures to be retained and maintained? I look forward to hearing from you. Thanks, Keith WILLIAM GAILLARD PHOTOGRAPHS ABOVE: THIS PHOTOGRAPH SHOWS THE GAILLARD'S PIER LOOKING TO THE SOUTH / SOUTHEAST FROM THE EXISTING TIE-OFF PILE APPROXIMATELY 100 FEET OFF SHORE. WILLIAM GAILLARD PHOTOGRAPHS ABOVE: THIS PHOTOGRAPH SHOWS THE EXISTING PIER WHICH FACES NORTHWESTERLY INTO HAY HARBOR. THE INTER TIDAL ZONE AND SHALLOW SUB TIDAL ZONE OF HAY HARBOR IMMEDIATELY ADJACENT TO THE PIER AND THE BOULDER ON THE NORTH SIDE OF THE PIER, ARE CLEARLY EVIDENT. THE WATER DEPTHS AT THE END OF THE PIER ARE LESS THAN 2 FEET AT LOW TIDE. THE EXTENSION AND FLOAT ADDITION ARE INTENDED TO REACH 3 TO 4 FEET OF WATER SO THAT DREDGING WILL NOT BE NECESSARY AT THIS PIER TO MAINTAIN BOATING ACCESS AND SEDIMENT RE-SUSPENSION DUE TO PROP WASH AGITATION WILL BE MINIMIZED CONSIDERABLY. WILLIAM GAILLARD PHOTOGRAPHS ABOVE: THIS PHOTOGRAPH SHOWS THE GAILLARD DOCK FROM ABOUT 200 FEE OFF-SHORE LOOKING TO THE EAST. MOST NOTABLE ARE THE TRANSITION SECTION OF THE PIER FROM THE STAIRWAY DOWN TO THE LEVEL MAIN WALKWAY AT ABOUT A DECK ELEVATION OF 5 FEET ABOVE MEAN LOW WATER. THE PIER EXTENSION WILL BE OF THE SAME WIDTH AND ELEVATION, EXTENDING APPROXIMATELY 20 FEET OUT INTO THE WATERS OF HAY HARBOR. (TO THE LEFT) ENVIRONMENTAL QUESTIONNAIRE This is intended to supplement ENG Form 4345, Application for Department of the Army Permit, or the Joint Application for Permit used in the State of New York. Please provide complete answers to all questions below which are relevant to your project. Any answers may be continued on separate sheet(s) of this paper to be attached to this form. PRIVACY ACT STATEMENT The purpose of this form is to provide the Corps of Engineers with basic information regarding your project. This information will be used to facilitate evaluation of your permit application and for public dissemination as required by regulation. Failure. to provide complete information may result in your application being declared incomplete for processing, thereby delaying processing of your application. GENERAL-APPLICABLE TO ALL PROJECTS Explain the need for, and purpose of, the proposed work. This project is to reconstruct an existing and long-standing wood pile and timber pier with float in the southeastern comer of Hay Harbor off Bell Hill Avenue on Fishers Island. The fixed pier and float serves as a water-dependent access point for recreational boating for the Gaillard family. The structure is approximately 20 years old. Z Provide the names and addresses of property owners adjacent to your work site (if not shown on the application form or project drawings). North: Peter Gaillard, 1200 Half Moon Bay Drive, Croton-on-the-Hudson, NY 10520 South: Ellmore Patterson, c/o Brandywine Trust Co., 7234 Lancaster Pike, Ste.300, Hockessin, DE 19707 (Please note that depending upon the nature and extent of your project, you may be requested to provide the names and addresses of additional property owners proximate to your project site to ensure proper coordination.} 3. Photographs of the project site should be submitted. For projects in tidal areas, photographs of the waterway vicinity should be taken at low tide. Using a separate copy of your plan view, indicate the location and direction of each photograph as well as the date and time at which the photograph was taken. Provide a sufficient number of photographs so as to provide a clear understanding of conditions on and proximate to your project site. 4. Provide a copy of any environmental impact statement, or any other environmental report which was prepared for your project. During the survey for this project, there was no eel grass observed in the vicinity of the fixed pier or off-shore. There is a sporadic small narrow band of spartina alterna flora at the bottom of the bank. For the most part, this pier will be built at higher tides because of the access issues associated with the elevation of bottom sediments and the need to span the intertidal zone to drive piles. The barge is not frequently moved during the construction process and so access by the push boat will be limited to those barge relocations. It is therefore envisioned that this construction project will not have a significant adverse impact tidal or submerged aquatic vegetation in the vicinity. 5. Provide a thorough discussion of alternatives lo your proposal. This discussion should include, but not necessarily be limited to, the "no action" alternative and alternative(s) resulting in less disturbance to waters of the United States. For filling projects in waters of the United States, including wetlands, your alternatives discussion should demonstrate that there are no practicable alternatives lo your proposed f'dling and that your project meets with current mitigation policy (i.e. avoidance, minimization and compensation). See attached narrative. DREDGING PROJECTS Answer the. following if your project involves dredging. There is no dredging associated with this project. 1. Indicate the estimated volume of material to be dredged and the depth (below mean Iow water) lo which dredging would occur. Would there be overdepth dredging? 2. You can apply for a ten-year permit for maintenance dredging. If you wish to apply for a ten-year permit, please provide the number of additional dredging events during the ten-year life of the permit and the amount of material to b rremoved during future events. 3. Indicate on your drawings the de-watering area (if applicable) and disposal site for the dredged material (except landfill sites). Submit a sufficient, number of photographs of the de-watering and disposal sites as applicable so as to provide a clear indication of existing conditions. For ten-year maintenance dredging permits, indicate the dewatering/disposal sites for future dredging events, if known. 4. Describe the method of dredging (i.e. clamshell, dragline, etc.) and the expected duration of dredging. 5. Indicate the physical nature of the material to be dredged (i.e. sand, silt, clay, etc.) and provide estimated percentages of the various constituents if available. For beach nourishment projects, grain size analysis data is required. 2 6. Describe the method of dredged material containment (i.e. hay bales, embankment, bulkhead, etc.) and whether return flow from the dewatering/disposal site would re-enter any waterway. Also indicate if there would be any barge overflow. MOORING FACILITIES Boat mooring is going to be accommodated by tat the new floating dock approximately 20 to 30 feet out from the pier where it has been accommodated for tbe last 20 years. See attached application drawings. Answer the following if your project. Includes the construction or rehabilitation of recreational mooring facilities. 1. It is generally recommended that any fixed piers and walk ramps be limIted to four feet in width, and that floats be limited to eight feet in width and rest at least t~o feet above the waterway bottom at mean Iow wafer. Terminal floats at private, noncommercial facilities should be limited to 20 feet in length, if you do not believe your proposal can meet with these recommendations, please provide the reason(s). The existing dock facility is 6-feet wide and has been 6-feet wide since it was built in the 1960's. The floating dock will be no longer than 20 feet as shown in the permit application drawings. 2. Using your plan view, show to scale the location(s), position(s) and size(s) (Including length, beam and draft) of vessel(s) to be moored at the proposed facility, including those of transient vessel(s} if known.. 3. For commercial mooring sites such as marinas, indicate the capacity of the facility and indicate on the plan view the location(s) of any proposed fueling and/or sewage pump-out facilities, if pump-out facilities are not planned, please discuss the rationale below and indicate the distance to the nearest available pump-out station. Not Applicable. There are no pump-out facilities proposed and no fueling facilities at this site. Those functions are taken care of elsewhere on Fishers Island or on the mainland. It is approximately two miles by water to the nearest marina which is the Mobil Dock at Fishers Island, at the southwest quadrant of West Harbor, and Pirates Cove, which is approximately ~A mile further east of the Mobil Dock in Pirates Cove. 4. Indicate on your plan view the distance to adjacent marine structures, if any are proximate and show the locations and dimensions of such structures. The nearest marine structures to this site are shown on sheets 1 and 2 of the drawings. 5. Discuss the need for wave protection at the proposed facility. Please be advised that if a permit is issued, you would be required to recognize that the mooring facility may be subject to wave action from wakes of passing vessels, whose operations would not be required to be modified. Issuance of a permit would not relieve you of ensuring the integrity of the authorized structure(s) and the United States would not be held responsible for dames to the structure(s) and vessel(s) moored thereto from wakes from passing vessels. It is not necessary to install wave protection at this site. Waves from the Sound can only reach Gaillard's property through the narrow mouth of Hay Harbor and then only at high tides. Wake induced waves are at a minimum. The float is sized to maintain stability for conditions which are typically experienced in Hay Harbor. BULKHEADING / BANK S TABILIZA TION / FILLING ACTIVITIES This sectiou is aot applicable. Answer the following if your project includes construction of bulkheading (also retaining walls and seawalls) with backfill, filling of waters/wetlands, or any other bank stabilization fills such as riprap, revetments, gabions, etc. f. Indicate the total volume of fill (including backfill behind a structure such as a bulkhead) as well as the volume of fill to be placed into waters of the United States. The amount of fill in waters of the United States can be determined by calculating the amount of fill to be placed below the plane of spring high tide in tidal areas and below ordinary high water in non-tidal areas. 2. Indicate- the source(s} and type(s} of fill material. 3. Indicate the method of fill placement (Le. by hand, bulldozer, crane, etc.). Would any temporary fills be required in waterways or wetlands to provide access for construction equipment? If so, please indicate the area of such waters and/or wetlands to be filled, and show on the plan and sectional views. 4 The foregoing requests basic information on the most common types of projects requiring Department of the Army permits. It is intended to obviate or reduce the need for requesting additional information; however, additional information may be requested above and beyond what is requested in this form. Please feel free to add any additional information regarding your project which you believe may facilitate our review. EFH ASSESSMENT WORKSHEET FOR FEDERAL AGENCIES (modified 08/04) PROJECT NAME:. DOCK MODIFICATIONS DATE.' A~ri12011 PROJECT NO.: LOCATION: Galliard Property. Fishem Island, NY PREPARER: DOCKO~ INC., Keith B. Neiison, P.E Step 1. Use the Habitat Conservation Division EFH webpage, Guide to Essential Fish Habitat Designations in the Northesstem United States to generate the list of designated EFH for federally-managed species for the geographic area of interest (http:l/www.nero.noaa.govlhcd/index2a.htm). Use the species list as part of the initial screening process to determine if EFH for those species occum in the vicinity of the proposed action. Attach that list to the worksheet because it will be used in later steps. Make a pralimina~y determination on the need to conduct an EFH Consultation. 1. INITIAL CONSIDERATIONS EFH Designations J Yes No Is the action located in or adjacent to EFH designated for eggs? x Is the action located in or adjacent to EFH designated for larvae? x Is the action located in or adjacent to EFH designated for juveniles? x Is the action located in or adjacent to EFH designated for adults? x Is the action located in or adjacent to EFH designated for spawning adults? x If you answered no to all questions above, then EFH consultation is not required -go to Section 5. If you answered yes to any of the above questions proceed to Section 2 and complete remainder of the worksheet. Step 2. In order to assess impacts, it is critical to know the habitat characteristics of the site before the activity is undertaken. Use existing information, to the extent possible, in answering these questions. Please nots that, there may be circumstances in which new information must be collected to appropriately characterize the site and assess impacts. 2. SITE CHARACTERISTICS Site Characteristics Description This project is to modify an existing fixed pier and add a floating dock. Is the site intertidal, sub-tidal, or The project will encompass parts of the shoreline, the inter-tidal zone water column? and shallow sub-tidal zone approximately 0.1 acres In size. See attached narrative. The existing inter-tidal and shallow sub-tidal sediments are fine to What ars the sediment medium-grained sand and gravel with occasional exposed stone. characteristics? Is Habitat Area of Particular The site is an existing shallow cove protected from prsvailing climatic Concern (HAPC) designated at conditions but open to north and northeast winds. The bluff that or near the site? If so what surrounds the cove is eroding due to exposure to normal tidal and type, size, characteristics? climatic conditions, despite the moderate to heavy vegetative cover. There has been no observed eel grass (SAV) in the shallow sub-tidal Is there submerged aquatic waters out to 50 feet beyond the mean Iow water line and there is no SAV vegetation (SAV) at or adjacent detritus on the foreshors. The pier is configursd to stop clear of SAV to project site? If so describe habitat. the spatial extent. What is typical salinity and Salinity varies somewhat seasonally but is typically in the 25-30 ppt. temperature regime/range? Temperaturs varies seasonally from approximately 30 degrees in the winter to 70 degrses in the summer. What is the normal frequency of Bottom disturbance varies seasonally but thers is rsgular boating access site disturbance, both natural to and from the six dock facilities in the immediate vicinity in the cove. and man-made? Most boating activity is between April and November and is attributable to recrsational boating. Storm disturbances are 5 to 10 per year and ars usually moderate, occasionally severe but the cove is shielded by Stony Beach. What is the area of proposed Approximately 1/10 acrs will be directly impacted by this rscraational impact (work footprint & far dock project. afield)? Step 3. This section is used to describe the anticipated impacts from the proposed action on the physical/chemical/biological environment at the project site and areas adjacent to the site that may be affected. 3. DESCRIPTION OF IMPACTS Impacts Y N Description Nature and duration of X It is anticipated that the adverse Impacts from this project will activity(s) be small because of the nature of the work. The project can take place In as little as e week but will likely take a month- fide and weather permitting. Barge access will be at high tide. The pier will be an open wood pile and timber structure. Will benthic community be X The benthic community will be only marginally disturbed by disturbed? the marine construction barge and dock facility. No excavation or "in water" filling is proposed. Will SAV be impacted? X SAV, eel grass has not been observed in the project area but the pier has been configured to remain clear oftba SAV habitat In any case. Will sediments be altered and/or X Sedimentation rates in the shallow sub tidal zones will not sedimentation rates change? increase as a result of this project. Will turbidity increase? X Turbidity, on a day to day basis, will not change significantly from existing conditions. (See attached Narrative Statement) unless the docking facility is relocated into shallow water. Will water depth change? X No changes in water depth are proposed by or for construction equipment access or for boating operations. Piles treated with CCA will release small amounts of arsenic Will contaminants be released X and copper into the water column however the NYS DEC Study into sediments or water from 2000 finds those releases acceptable and warranted in column? view of the need to protect and preserve the marine construction timbers. Will tidal flow, currents or wave X No. The pier will be of open-pile and timber construction. patterns be altered? Will ambient salinity or X This project will have no impact on water-flow and temperature regime change? circulation or drainage and will not affect salinity. Will water quality be altered? X Water quality should not change as to a significant extent as a result of this project beyond the bottom sediment disturbances resulting from marine equipment repositioning. Step 4. This section is used to evaluate the consequences of the proposed action on the functions and values of EFH as well as the vulnerability of the EFH species and their life stages. Identify which species from the EFH species list (generated in Step 1) will be adversely impacted from the action. Assessment of EFH impacts should be based upon the site characteristics identified in Step 2 and the nature of the impacts described within Step 3. The Guide to EFH Descriptions webpege (http:llwww.nero.nosa.govlhcdllist.htm) should be used during this assessment to determine the ecological parametarr,/preferences associated with each species listed and the potential impact to those parameters. 4. EFH ASSESSMENT Functions and Values Y N Describe habitat type, species end life stages to be adversely impacted Will functions and values of EFH be Impacted for: The shallow sub-tidal zone and inter-tidal zone are currently sandy Spawning X gravel strewn with stones and boulders and will remain so without regard to this project. No alterations of the benthos or under~vater habitat are prepneed. This project should have no impact on submerged aquatic vegetation. The shallow sub-tidal zone and inter-tidal zone ara currentJy sandy Nursery X gravel with a nearby eel grass fringe colony and will remain so as a result of this project. No alterations of the benthne or under~vster habitat ara proposed or anticipated. Nursery function should remain unchanged or improve due to the protection and algae growth offered by the float. Forage X The shallow subtidal zone and intertidal zone ara curTently sandy gravel and will remain so as a result of this project. No adverse impact to submerged aquatic vegetation is anticipated if it does exist in nearby waters. The pier structure piles spanning the water column should provide new habitat and foraging opportunities as bemacles and algae colonize the structure in the water column. Shelter X The shallow subtidal zone and intertidal zone are currently sandy gravel and will remain so as a result of this project. No adverse impact to submerged aquatic vegetation is anticipated. It is envisioned that any construction impacts experienced as a result of Will impacts be temporary or this project will be temporary and not permanent but the new structure permanent? spanning the water column will be. The area of coverage of the proposed piles is small compared to the area of the cove and of no consequence compared to the overall fringe habitat and coastal shoreline of Fishers Island. No compensatory mitigation is proposed for this project, Will compensatory mitigation be X Approximately 500 SF of land will be covered by a structure. used? Approximately 300 SF of intertidal and shallow subtidal, stony, gravelly sand sediments will be covered by the pier. All of these features ara natural and similar to adjacent shoreline characteristics along Fishers Island's coastal perimeter, it is envisioned that the more stable boulders will continue to accumulate sediments end encourage tidal wetlands vegetation to grew, as opposed to the adjacent open waters and high beach with its wave damage tendencies. Step 5. This section provides the Federal agency::s determination on the degree of impact to EFH from the proposed action. The EFH determination also dictates the type of EFH consultation that will be required with NOAA Fisheries. 5. DETERMINATION OF IMPACT / Federal Agency=s EFH Determination x There is no adverse effect on EFH Overall degree of EFH Consultation is not required adverse effects on EFH (not including The adverse effect on EFH is not substantial. compensatory mitigation) will be: This is a request for an abbreviated EFH consultation. This worksheet is being submitted to NMFS to satisfy the EFH (check the appropriate Assessment requirement. statement) The adverse effect on EFH is substantial. This ia a request for an expanded EFH consultation. A detailed wdtten EFH assessment will be submitted to NMFS expanding upon the impacts revealed in this worksheet. Step 6. Consultation with NOAA Fisheries may also be required if the proposed action results in adverse Impacts to other NOAA-truat resources, such as anedromous fish, shellfish, crustaceans, or their habitats. Some examples of other NOAA-trust resources are listed below. Inquiries regarding potential impecta to marine mammals or threatened/endangered species should be directed to NOAA Fisheries' Protected Resources Division. 6. OTHER NOAA-TRUST RESOURCES IMPACT ASSESSMENT Species known to occur Describe habitat impact type (i.e., physical, chemical, or biological at site (list others that disruption of epewning and/or egg development habitat, juvenile nursery may apply) and/or adult feeding or migration habitat). alewife blueback herring rainbow smelt Atlantic stu~eon Atlantic menhaden American shad American eel Physical Changes, not disruptive American lobster Physical Changes, not disruptive blue mussels Physical Changes~ not disruptive soft-shell clams quahog Physical Changes, not disruptive, no adverse impact Other species: WILLIAM GAILLARD PERMIT MODIFICATION - NEW FLOAT & PIER RECONSTRUCTION HAY HARBOR, FISHERS ISLAND NARRATIVE STATEMENT & SUPPLEMENTAL INFORMATION June 28, 2010 Revised April 11, 2011 GENERAL Mr. William Galliard owns parcel 1000-009-3-5 off of Bell Hill Avenue located off the east shore of Hay Harbor on Fishers Island. The site is generally moderately sloped, sandy gravel earthen materials, vegetated with grass, brush, ground cover and trees. The frontage of the property is approximately 100 feet along Hay Harbor at the southerly end, abutted by Mr. Peter Gaillard to the north and Patterson estate to the south. The waterfront consists of a rock covered intertidal zone with tidal wetlands vegetation at the base of the low but steep sloped coastal bluff in the vicinity of the pier It is the Gaillard's desire to reconstruct and extend their timber and pile supported pier and install a new hinged ramp to a floating dock system for ease of access at low tide. The dock end of this new pier will match existing pier end elevation crossing over the intertidal zone at a typical height of 6 to 7 feet above the bottom sediments. The float will be for stability and be aligned straight out along the centerline of the pier. During permit review, the NYS DEC has determined that the portion of the pier spanning the inter-tidal zone must utilize open-grate decking. The pier existing is more than 40 years old and will be re-built as a part of this project. Attached are application drawings prepared for this project. The permit obtained for this project previously expired last year before the NYS DEC rendered a decision regarding the suitability of the open grate type decking proposed thus this application. This supplemental narrative has been prepared in accordance with the requirements of Town of Southold, Ordinance No. 6, 2004, and the Waterfront Revitalization Program mimed 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 This project is to rebuild the existing 43 foot wood timber pier with "Thru Flow" decking on the sloped section 20 feet immediately waterward of the apparent high (Spring High) water line and construct a 10-foot fixed wood pile and timber pier extension from the end of the existing pier and along the same alignment out into Hay Harbor and install an 8 foot wide by 20 foot long float accessed by an 18 foot hinged ramp in accordance with existing guidelines set forth in the Town of Southold ordinance No. 6, 2004. · It is envisioned structure will be built utilizing the 'J~owing general sequence and methodology. } The marine contractor will arrive by water with barge-mounted crane and push boats. The existing pier will be removed after marker piles and driven for reference New piles will be driven starting 10 feet off the end of the pier and proceeding landward at roughly 10-foot intervals. All piles on the existing pier will have to be replaced because of the modifications to the deck support structure and framing. 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. These piles will be 6-inch nominal tip diameter with 8-inch diameter measured three feet from the butt. After the piles are installed, split caps (also referred to as split clamps) consisting of a pair of pressure treated Southern Pine timbers ranging from 3 x 10 to 4 x 12 nominal dimension, will be bolted to the piles transversely forming a pile bent. Stringers will be then laid on the split caps parallel to the length of the pier. In all likelihood, three 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 any uplift forces that this pier might be exposed to. After the stringers have been connected to the piles and split caps, the decking will be installed. In accordance with Town of Southold's Ordinance No. 6, 2004, this decking will not be CCA pressure-treated Southern Pine but rather oak, cedar hardwood or plastic / composite such as Timber Tech or similar synthetic material with the brushed side mounted up. If Timber Tech, it will be either gray, 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 sloped decking over the spartina altemi flora will nm at the elevation 6 to 7 feet above the existing bottom sediments. See Sheet 4 of the application drawings for the pier profile. The new pier support piles will be about 42 inches above the deck surface and have horizontal rail members mounted to them, either wood or cable or a combination. A sturdy top rail of cedar, oak, hardwood or Timber Tech material will be installed for safety except in areas where boat access to the pier is necessary. A new hinged ramp will be installed at the end of the pier so as to land on the float. This can be a wood ramp, made of pressure-treated framing and posts with non-CCA wood or plastic decking. If necessary, the ramp could be built of aluminum but that is not the Gaillard's preference. Float restraint and tie-off piles will be stand-alone piles, un-braced, with a nominal 6-inch tip and 10-inch butt diameter driven by the same equipment as the pier support piles. Water and electricity will be nm out on the pier in the space between the stringers so that trickle charger and ! or bilge pump on the boat(s) may be powered during tie-ups. The water will allow boats to be rinsed off after usage.. Because the dock may be used during the hours of darkness, a power post with a low wattage internal light will be mounted to the end of the fixed pier with receptacles to provide power to the boats ,,xtension cords. The power post will also have coiling arms for storage of the electric service cord and hose between uses. This light system may 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 REVITA!,IZATION POLICIES The Town of Southold, LWRP policies that are applicable to the Gaillard dock extension are a local refinement of the Long Island Sound Regional Coastal Management Program policies that apply throughout Long Island Sound. The Galliard site is in southeasterly Hay Harbor on Fishers Island and is characterized as Developed Coast. 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 modifications for the Gaillard's are consistent with waterfront development on Fishers Island and in coastal areas. The pier is made of timbers and utilizes the materials allowable ander Local Law g6 and consistent with other adjacent dock facilities and characteristics for the visual and scenic considerations in the cove. The encroachment has been minimized to be consistent with DEC policies of reaching navigable water to preclude dredging. The structure matches the existing pier profile consistent with the safe and efficient use of the waters and consistent with the tidal range of this site. Lighting will be minimal for operational safety and otherwise off, and lights will be utilized only when necessary for boating purposes so that during hours of darkness there will be no adverse impact. NATURAL COAST POLICIES The Natural Coastal Policies are 4 through 8 and require consideration as follows: Policy 4 - Minimize loss of life, structures and natural resources from flooding and erosion, Policy 5 - Protect and improve water quality Policy 6 - Protect and restore the quality and function of the eco-system, Policy 7 - Protect and improve air quality, Policy 8 - Minimize environmental degradation primarily from solid waste and hazardous substances. The proposed extension for the Gaillard recreational boating facility has been laid out and configured so as to be consistent with the Town of Southold and DEC permit requirements for such structures and previously agreed upon DEC stipulations for the wetlands crossing. 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 g6 regarding environmental quality and the use of pressure-treated Southern Yellow Pine timber components in particular. There will be no adverse impacts on air quality as a result of this structure and the extension of the dock to 3-4 feet of water should minimize sediment agitation and resuspension so the water quality in Hay Harbor should be improved. 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 enhances an existing recreational boating facility for the Gaillard's property while minimizing long term adverse environmental impacts 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. 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 and over the intertidal zone and shallow subtidal zone already exists. This is also the point on the property where the deepest water is accessed with the least encroachment. This project has been laid out with specific reference and review of the Waterfront Revitalization Program policies and is considered to be consistent. The configuration of the pier areas deemed acceptable by Ms. Karen Graulich of the MHPD in the DEC prior to the reorganization of that section last year; attached is a copy of Ms Graulich's e-mail memo regarding the acceptance of the pier configuration modifications. SUMMARY In smnmary, the proposed dock extension is typical of recreational boating facilities throughout the area and all along coastal New England. The structure has been reconfigured in size so as to be consistent with other facilities of a similar nature and with the necessary components to accommodate safe and efficient boating operations from this site. This project does not interfere with public access or use of public trust waters and lands of the State, it does not interfere with navigation, it will not create soil or sedimentation erosion problems, it does not adversely affect environmental resources significantly. The dock extension reaches out to the deepest water in Hay Harbor near this site so that dredging will not be an issue in the future and thus further minimizing adverse environmental impacts such as bottom sediment resuspension. More than 95% of the Gaillard's shoreline in Hay Harbor will remain in a natural state. There is no loss of valuable marine and wetland habitat and long term water quality should improve as a result of this project. 4 Reference is made to the NYS DEC study from 2000 indicating the suitability of pressure- treated Southern Yellow Pine piles and super-structure components for this type of purpose. In accordance with Local Law g6, decking for the float, the pier and the ramp treads will be of woods other than Southern Yellow Pine. No natural protective features or processes will be adversely impacted as a result of the proposed docking facility. In summary, with regard to Town programmatic guidelines for approval, this project is consistent with zoning policies and ordinances for the Town. The dock extension will be an accessory to the Gaillard's existing home. There will be no development of the upland related to this dock facility that will create point sources of pollution or drainage. The existing thicket along the bank represents a non-turf buffer that will be retained. This project is considered to be providing recreational opportunity compatible with the natural resource values and characteristics of the site and adjacent properties. The most significant waves come in to Hay Harbor from the north at high tides prevailing waves will be from the west. The floating dock is the appropriately sized for stability considerations especially acknowledging that the. The float is suitably sized and adequately stable for a ramp landing and the ramp has been made no longer than necessary to provide a safe slope at low tides. REQUIREMENTS OF SECTION 97-25 OF THE 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, 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 the diameter shown in the drawings, sturdy, durable and stable materials; in all likelihood. CCA pressure-treated Southern Yellow Pine (SYP) piles with new split caps and braces of the same SYP materials. These members will be a minimum of 3 x 8's and more often, 3 x 10's with at least one 1" diameter bolt per connection, and in many cases, two sA" bolts per connection. 5 This pier is a long-standing (built in 1968) fixed, pile-~'upported timber structure with a proposed float and therefore will not adversely affect the free circulation of water or affect the fluctuating water levels in Hay Harbor. In addition, the pier extension does not present any adverse modification of the shoreline. The pier's elevation is such that in extreme high flood tides the structure will be inundated. The structure's SYP timber materials are specifically grown for this purpose and are capable of withstanding full immersion and represent the standard of the industry. With the connections described above, this structure will be able to survive repeated inundations and typical Hay Harbor waves at high tide elevations with a structural life of 10 to 20 years. The pier support will include driving new 8-inch piles at 10froot intervals to the maximum extent possible in order to obtain the desired pier alignment and support intervals. Stand-alone float restraint and tie-off piles will be 10-inch diameter. The use of CCA pressure-treated piles and timbers can be approved for this project in accordance with Local Law 6. The pier extension and float will not be decked with CCA pressure-treated Southern Pine. This pier extension provides a safe pedestrian surface for access to the berthed boat. Rails may be installed on the pier for safety. The long-standing pier is almost centered on the property. The 15-foot clearance specified in this paragraph should not be an issue because the proposed extension does not represent a significant encroachment into the pier and boating operation area of Mr. Peter Gaillard to the north or the Patterson's to the south, nor does it project into the navigation way for other boaters in the cove. The property line extension on the north side of the Gaillard's land diverges away from the logical line of littoral development rights which is drawn based on the centefline of Hay Harbor. The float width of 8 feet is considered necessary and appropriate for boating safety because of the broadside exposure to waves from the north and inherent float stability. Upon receipt of the permit for this project, appropriate permit numbers and a Town permit placard will be affixed to the most seaward face of the pier for identification from the water. There are no permanent structures located above the neither pier decking nor are any planned at this time other than the power post and railing which are fixed by function. It is currently possible to provide a five-foot passage way on the upland to get around this pier and that access ability will be retained landward of the fringe marsh. There is room to walk under the pier at low tide; however, foot traffic in this area is rare, if at all. NYS DEC Tidal Wetlands Regulations - Sections 661.5 and 661.9 This project represents the minor modifications of a long-standing dock facility at the far southeast end of Hay Harbor. The dock facilities include a pier and pier landing over the intertidal zone as well as a floating dock accessed by ramps from the pier. The float restraint piles hold the float in place as shown in the application drawings. The wetland vegetation in the vicinity of the dock site 6 fringe growth and does not constitute a "wetland"; the site is an "adjac~nt area". Piers for recreational boating at residential properties on the waterfront are considered to be generally compatible use in an adjacent area (AA) with a permit being required under Section 661.5 (b) (1), 15 and 24. Under Section 661.9, the standards for issuance of permits of NYS DEC regulations, the following are considered to be pertinent considerations. The policies are created to preserve and protect tidal wetlands and prevent their despoilation and destruction. Regulated activities will not have an undo adverse impact on the present or potential value of the affected tidal wetlands. Tidal wetlands vegetation does exist in the vicinity of the dock site at the toe of the bank at the interface between the existing stone seawall and the exposed rock-covered, sandy bottom sediments in the intertidal zone. This spartina patens vegetation however, does not constitute a tidal wetlands. The ramped section of the pier will be raised when it is re-built and decked with "Thru Flow" open- grate type plastic decking to encourage spartina growth beneath the pier. Attached is a copy of an email memo regarding the dock reconstruction guidelines received from the NYS DEC. These guidelines have been worked into the pier configuration and details shown in the application drawings. This pier and floating dock facility reconstruction project is compatible with public health and welfare policies of the State. The project complies with development restrictions contained in Section 661.6. Furthermore, the project is a waterfront dock facility structure and is compatible with the use of the site, zoning and the long-standing use along the waterfront. This project will not have an undo or adverse impact on the present or potential value of nearby tidal wetlands vegetation. 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 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 modify and improve a fully functional water dependent use, a recreational boating dock facility at this site in support of recreational boating. The modifications and improvements will improve water quality and make habitat improvements for tidal wetlands. Policy 5 - Use of Existing Developed Shorefront - There is no developed shoreline on this site. The project will be to rebuild, and extend slightly, an existing pier and put in a floating dock to make it safe and reliably usable in most weather conditions and all tidal conditions. Policy 7 - Significant Fish & Wildlife Habitat - Protection of significant fish and wildlife habitat has been considered in the development of this project layout. The dock to the shoreward point of beginning will span over the shoreline fringe four feet above the rocky intertidal sediments and should not jeopardize the integrity of existing spartina fringe outcrops on either side of the pier. The open- grate decking should help spartina colonies to prosper. Typically there is a slight environmental benefit associated with pier projects because of the creation of structure in the water column where barnacles, algae and crustaceans will colonize. 7 Policy 8 - Protection & Preservation of Habitat - Protection and preservation of habitat has also been considered in this project and the dock structure is being kept to its minimal configuration and of materials consistent with standards of the industry and restrictions set forth in the Wetlands Law, No. 6, 2004 set forth by the Town of Southold and standards of the NYS DEC. The modifications and improvements will improve water quality and make habitat improvements for tidal wetlands and the "Thru-Flow" decking will allow more light to reach the bottom sediments beneath the pier. Policy 11 - Minimize Damage to Natural Resources - The dock modification project has been laid out in such a way so as to minimize damage to natural resources as identified in Policy 7 above because this a waterward pier extension and the inclusion of the float in 3 to 4 feet of water should reduce sediment re-suspension. The use of open-grate decking will benefit the inter-tidal zone habitat for the growth of tidal wetlands vegetation. Policy 14 - No Measurable Increase in Flooding - This project consists of construction of an open wood pile and timber pier which in no way adversely affects waterflow and circulation in Hay Harbor or flooding potential of the area. Flood levels all around Fishers Island are dictated by water levels in Long Island Sound, Fishers Island Sound and Block Island Sound and this structure will have no adverse influence on those levels. In fact, this project purpose is to modify the dock location and configuration to preclude dredging. Policy 15 - No Dredging - Dredging is not required in this project. The floating dock system has been laid out to reach 4 feet of water directly and 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 the shore leaving the motor out in the deeper water. The float and the boat drive system 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 marsh vegetation and the shallow sub-tidal waters do not present any opportunity or enticement for public access in the area. The pier and float occupy the landward 25% of the waterway width in accordance with US ACOE and Town of Southold policies. Thus, public access to the State's lands and waters will not be adversely affected by the project. Policy 20 - Public Trust Compatibility with Existing Adjoining Properties and Land Uses- Public Trust compatibility with existing adjoining properties and land uses have also been considered in this project. Several nearby properties have small docking facilities similar to this one and this docking facility will not interfere with existing or the likely configuration of future facilities on immediately adjoining properties or the logical allocation of littoral development rights. Policy 21 - Water Dependent Recreation - This project is consistent with water-dependent recreational 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 shorelands. Policy 25 - Enhance Overall Scenic Quality - The new dock structure will be consistent with the scenic quality of the area and will not result in loss of scenic resources as described in Policy 24 above. Policy 44 - Preserve and Protect Tidal Wetlands - It is acknowledge~at the fragmented fringe marsh of spartina alterni flora along the shorefront is a valuable resource. The reconstruction of the fixed wood pile and timber pier and replacement of wood decking with open-grate decking has taken advantage of the existing structure in order to reduce adverse wetlands impact. The raised height of the pier should allow opportunities for the growth of the spartina fringe vegetation naturally up to, and to an extent, beneath the existing pier. SUMMARY This project proposes a rebuilt and slightly lengthened fixed pier and float for recreational boating access of property of the William Gaillard family on Fishers Island. A copy of all US Army Corps of Engineers, NYS DEC and Town of Southold applications are attached as substantiation for this project. This project complies with applicable standards of the New York State Coastal Management Act, NYS / DEC Tidal Wetland Regulations and criteria for approval, the Town of Southold Waterfront Revitalization Program and Local Ordinance No. 6, 2004 and its approval is respectfully requested. Respectfully submitted, DOCKO, INC. Keith B. Neilson, P.E. 9 Jill M. DoheCty. President James F. King, Vice-Presidenl Dave Bergen Bob Ghosio, Jr. John Bredemeyer P.O. Box I 179 Southol& NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: Docko, Inc. on behalf of WILLIAM GAILLARD requests a pre-submission inspection to reconstruct the existing docking facility, extend the dock approx. 15' and install a floating dock. Located: Bell Ave., Fishers Island. SCTM#9-3-4 ~twf area to be impacted: ater 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: '~Wetland __Coastal Erosion __Administrative__Emergency Amendment Pre-Submission __Violation Info needed: Modifications: /t2~/2¢(g cC / P F/~' 3~ Conditions: Present Were: __&King __J.Doherty __J. Bredemeyer B.Ghosio, D. Dzenkowski __other Form filled out in the field by j /(// Mailed/Faxed to: Date: D. Bergen__ ~ ~:~ ~=~ I~1 FI I~1 i ¢~¢:HK; 5C, A~ NOTES: 1. EI~-VATION DATUM 15 MEAN LOW WATEI~ 2. 'RDE DATA 15 TAKEN FROM ,2007 NOA~ ~DE T/~LE~. 12~EFEI~NCE ~TATION~: WE~T ~R AND 51LVER EEL C. OX~ FI.~HER'~ I~LAND, NEW YORK .~. PROJEO'T DE.~:3RII2T1ON: ~ z:.:% -- RECON.~TRUCT AN EXI~TIN~ ~ WIPE X 4_,~4,.F PiLE ',,%. II:::~OJEC"'F: DOCK MODIFICATIONS OF ~AILLA~D CUPPOR]'ED ~ER OF WHICH BC~LF ~v~LL BE ~P, ATE iT'% N/F PROF~RTY OF / DECKIN(~.~NSTRUCTANE'vVI4--FTXO-FTVs4DE~LE : :'~ RATTEP....~3~ SUPPORTED TIMBER P~ER EX'TEN.SION ~H ELEO'TR~C _. .... ~' ~. AND WATER UTILFFIE..~ ANI~ A LADDEI~ INSTALL A ~ ~'J:~ ~',. ~,.. / , NEW ~ X 204='F FLOAT WFTH ~,OCIATED ~"- '. ' ,zZ~'~ ~-~"~: · · RF-~'r~adNT D1LE.~ A HIN(~ED R,,N'dP AND LADDF_-.~,ALL ,.'/" ' ' '~ :~ ~.,~ · ~, ~ , ;/ AT OR WATEIL~W~ OF THE APRAR~NT HleH WATER ..Z .k '\~. /'' ?', "x's ''~ ('-' ",' LINE. /' . ,',., ,'~/ ' · x~ . /,; , ,:' ; '. · . , BOA'FINE .,%' ·' ' \\ ' ,' .,;/z-t~'~"~'; ~, · '..' .'/ ' S.~ESE~C^TONP~NC~ ' '~;-~ ' X\ X//L';'~'.' : '/ "" ~ONO~SU~S~* .. :X: "' "~;//:: :'2'; ':'f ' '" ~¢.~N~N~U~ON . ~ · - ~ '~.. , / / . '. ~ , A '. .~,. . ',~ ; . NOIL~FH: PETER ~AILLAm~ 12OO HALF MOON BAY DR CROTON ON THE HUD,~2N, NY 10520 5OUTN: ELLI"IOC4E PAITEI2,.,~DN ATTN: BRANE;~CVlNE ~T CO. 72....~¢ LANCASTER PtF-,E ~UFFE ~OO-A HOCKE~5IN. DE 1~707 PROJECT: LOCA'flON: BOULDER .PlLE - ,J ROGK~ end BOU~DER~ 5PAR:flNA l: · PILE I::'ROJEGT: LOCATION: //' SUL~VE'Y by JAP1E~ BERNAP. DO LAND ~,UI;L~'EY1N~ I-LC DOGE. I'~IODIFICATION~ F1E:~H E P.9 I~LAND - TOWN of' .?:OUTHOLD SUFFOLK COUNTY, NE%V 'YORK N NEtV S' X 20' P-'LOAT / NEW' ~UI~ORT I~I!..E ~PA~NA I I I I POI,~:ON IVY AND TO REMAIN I:~.OJEGT: LOCATION: ,5,UIAV'~r' by ,JA~E~ BER~ LAND SUIL~,,/'~IN~ LL~ IDOCt~ I~IOIDI~ICA TION~ FIgHSR~ I~L,AND - TOWN o¢.~UTHOLD .SAJFFOLK COUNTY, N~,,V YORK WATI~R'A/AY; I'HAIdE~ ;%¢vSR OAT~: AC~L 27, 2010 API:~ICANT: 'W]L_LIA~ ~A~LLARD NE~V lO-in ~-o l~-in t~EST~AINT PII-E TOP E~ 1~, ~~ ~: ~P NOT N~ ~' X 20' FCOAT FOR C~ OF PlE~ wi~ GON~NUOU~ COMPONE~ NEW ~3-in to lO-in PlEI~ ¢UPPOI~T -FOP El_ 4' A~OVE DECK (TYP) El_ 6~FT NEW' UTILITY PO~'i' i~~ ~AND ~ILT I I I EXI~TIN~ ~IE-OFF PILE TO REMAIN~ 1D-in FLOAT \ NEW 20.P'T ~E~TRAINT I=ILE'~ (TY~)~x.... ~ -HIN~ED I~2'IP j NE~V ,9' X 20' FL.OA ................ ':'":"" "'~ ~UFf::~RT RLE5 TO!~ EL "~ DECK I I I I NEVV WOOD TO~' RAIl ~ -INTEI~htED~ATE CABLE ~ ~oJE~: DOCK ~ODIFIC~ TION~ LOCATION: WAll~I~A/AY: THAHE5 RI~R DAT~: APl:21L 2'7, 2010 /NPF~.IC/NNT: 'WI~ ~AIL~ FI~HER~ I~L.AND -TC:A,VN o¢ .~DUTHOLD SUFFOLK ¢OUN'PF, NE"vV YORK 00~ 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 Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: May 17, 2011 Re: Proposed Wetland Permit for WILLIAM GAILLARD SCTM#1000-9-3-5 Docko, Inc. on behalf of WILLIAM GAILLARD requests a Wetland Permit to reconstruct an existing 6'X 43' pile supported dock of which 20 If. will have grated decking; construct new 10'X 6' pile supported timber dock extension with electric and water utilities, davit and a ladder; install new 8'X 20' float with associated tie-off and restraint piles, hinged ramp and ladder. Located: Bell Hill Ave., Fishers Island. SCTM#1000-9-3-5 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 Policy Standards and therefore is CONSISTENT with the LWRP 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 BOARD OFTRUSTEES TOWN OFSOUTHOLD Office Use Only __ Coastal Erosion Permit Application L~/Wetland Permit Application Administrative Permit Received Applicat~00 q lit I II Received Fee: $ ~ Completed Application ~ [~[ ~ __ Incomplete SEQRA Classification Type 1 X Type Il __ Unlisted Coordination Date: ( Date Sent) LWRP Consistency As.~,e,s~m_ellt Form CAE Referral Sent I~l~llll -- Date of Inspection __ Receipt of CAC Report __ Lead Agency Determination: Technical Review: Public Hearing Held .'----:-'~ Resolution: Name of Applicant: William Gaillard Address: 17 Meeting House Road, Greenwich, CT 06831 Phone Number: (203). 661-4716 Suffolk County Tax Map Number: 1000- 009-3-5 Property Location: Bell Hill Avenue (provide LILCO Pole #, distance to cross streets, and location) AGENT: Docko, Inc. (If applicable) Address: P. O. Box 421, Mystic, CT 06355 Phone: (860) 572-8939 GENERAL DATA Land Area (in square feet): 1.3 ACRE Area Zoning: RESIDENTIAL Previous use of property: RESIDENTIAL Intended use of property: RESIDENTIAL Covenants and Restrictions: Yes ~X No If "Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals __ If "Yes", please provide copy of decision Prior permits / approvals for site improvements: Agency NYS DEC 1-4737-00477/00001-0 US ACOE NAN-2008-00329 US ACOE 92-0190-L2 Yes Date February 28, 1995 May 15, 2008, Feb. 24, 2011 March 17, 1992 X No __ No prior permits / approvals for site improvements. Has any permit / approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Reconstruct an existing 6-ft. wide x 43 (+/-) LF pile supported pier of which 20 (+/-) LF will have grate decking. Construct a new 10-ft. x 6- ft. wide pile supported timber pier extension with electric and water utilities, a davit and a ladder. Install a new 8-ft. x 20-ft. float with associated tie-off and restraint piles, a hinged ramp and ladder all at or waterward of the apparent high water line. Board of Trustees ApDlication WETLAND / TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: This a orivate dock for recreational boatin- Area of wetlands on lot: 0.1 acre (+/-) square feet Percent coverage of lot: 5 % Closest distance between nearest existing structure and upland edge of wetlands: 0 feet 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? __ cubic yards How much material will be filled? __ cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: Remains unchaneed. 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 of the imnrovements are to the existinn structure waterward of the wetlands; See attached detail project narrative Board of Trustees Application COASTAL EROSION APPLICATION DATA NOT APPLICABLE Purposes of proposed activity:_Reconstruct an existing fixed pier to shore and extend it by 10 feet, install a new floating dock with associated piles beyond tidal wetlands. Are wetlands present within 100 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 to the subject property or neighboring properties reasonably anticipated resulting from implementafion of the project as proposed, including erosion increase or adverse effects on natural protective features.(Use attachments if necessary): Town of Southold Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM pROPERI~ LOCATION: S.C.T.M. ~ THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A /~)C~ [~? ~ ~ STORM-WATEI~ ORADING~ DRAINAGE AND EROSION CONTROL pLAN O~l~t aec.~b~c~ Lot CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK. a. What is the Tathl Area of the Pro}act Psmels? ' (Include Tofal Area of all Parcals located within I WilHhis Project Retain All Stom~~Water Run-Off the Scope of Work f~r Propossd Cop. stru~on) (~.~¥ ~. ~'~_~ Generated by s Two (2') Inch Ralofall an Site? JO b. Whal is the Total Area of Land Cisaitng (S.F.I n~m.) (This item will Include all mn-off created by site cleating and/or construcitan acitvities as well as all and/or Ground Dislurflance for the proposed /~ .]/~ ,,~ ~,~ Site Improvements and the permanent crss'~on of cons~lction activity?~ Imp~rvfous surfaces.) ~a.F.,,~.) 2 Does the Site Plan and/or Survey Show All Prolxlsed ]~ROV]DI~, BRIEF PROJF~T DES~ON (pm,~e~n~m~) DralnageStructureslndicalingSize& Local~on?This Item shall Ir.clude all Proposed Grade Changes and --V-L~u '~'c~n~,'~-rOc--~ ~, eY-I~.Jl-ino qS-~"J- $1opesonnlrollingSurfacaWoferRow. and sediment control practices that will be used to can~ol site eroalan and stash water discharges. This -- ,o , .71~±,-~- a~ A.b/J .~lo(,k bo "fL ,~'~'~C~I~ Item muofbemalntainedthmughouttheEnitm Construction Peitod. t I~ .~c-~ a n ~ -~JJO~'f- reef raln~- DI {~.S 4 Will thl* Project R.quim any Land Ellllr~l, Grodlng m' ~t ,,4 ; r~c'lcct--i ICL, K I 1~.4 t'"~ h'~ I~ "~/-' Excavaiton where there is a cflanga to the Natural ["~ Existing Grade Involving more than 200 Cubic Yards o~-t-o~e_~lo~all ~,'-t/~l'~ ±~,,~ of Materialwithln any Parcel? S Will this Appllcaiton Require Land DisaJrfllng Actlvffies ~'~ / Ti'-~ C J~:~3 [J F'I,~ ,-~t r'~-~l OR Encompaes,r.g an Area Ir, Excess of Five Thousand (5,000 $.F.) Square Feet of Ground Surface? 6 is there a Naklral Water Course Running through ~he Site? Is this Project within the Tmstass Jurlsdlciton General DEC SWPPP I~aulrements: or within One Hundred (10g'} feet of a Walland or -- lislu~t~.c~ofone(1)orrnor, acre.; i~dudl.gca~r~ar~eso~a~a~s.~e.cmC~l 7 Will there be Sl~e preparstlon on E.'~sting Grade Slopes $1'll[ OF NLi:W-Y-OR~ C.'i-. , __ COUN~/OF ......~ .~....~. ~..9. 6/.~..~.~.. SS ~, ../~.c.~i.t&...../~.ad~..p.z~ ............................ ~,~ s,o~, ~o~s ~ ,, n~,~, ~ ~,, ~, ......... And that h~she i$ the ............. Owner and/or represent~live of the Ore,er or Owne~, and i~ duly authorized to p~ifonn or have l~rformed the said work and to mak~ and f'de thi~ application; that all $~atements contained in fids application are Irue to the best of his knowledge and belie[; and that the work will be performed in the manner set forth i~ the application filed herewith. Sworn to beforeme this; ....... ......... ............ .:..., mo , ................... .................. FORM - 06'~10 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Propose: The full FAF is designed to help applicants and agencies determine, in an orberly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have li-ctie or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one panJculer area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and ager~ies can be assured that the detesminetion process has been orderly, ~,c~ [,1~ ~1 mnsive in n~, ~ flexible e~lough' to allow* h[h udu~t~u, of ;[d'u [[mdon to' fit a pro~ or ~J;orr. Full FAF Components: The full FAF is comprised of three parts: Pa~t 1: Provides objective data and information about a given project and its sit~. By identh~ basic project data. it assists a reviewer in the analysis that takes place in Pa~ts 2 and 3. Part~- Fnc,_~ee~ortide~t~.~,ingtherangeof?_~_~ibleimpectsthatmayoccur fromaprojec[oractdon, ttpro~lesguidence as to whether an impact is likely to be considered small to moderate or whether k is a potentially-large impact. The form.also ider~fies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identif~l as potontJally-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR ~ USE ONLY DETERMINATION OF SIGNIFICANCE - TYpe 1 and Unlisted Actions Upon review of the information recorded on this EAF (Parts I and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: [~A. The will not result in and and, the.mfore, is which will not have project large important impact(s) one a significant impact on the environment, therefore a negative deelara~n will be f,,-epamd. DB. Although the project could have a significant effect on the environment, them wll not be a s~cjnificent effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore · CONDmONED negative declaration will be prepared** The project may result in one or mom large and important impacts that may have a significant impact on the envimnmant, therefore a positive declaration will be prepared. *A Concr~tioned Negative Declaration is only valid for Unlisted Actions WILLIAM GAILLARD DOCK MODIFICATIONS Name of Action Name of Lead Agency Pdnt or Type Name of Responsible Officer in Lead Agency T~Ue of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if 0ifferent from responsible officer) website Date Page 1 of 21 PART 1-PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action DOCK MODIFICATIONS Location of Action (include Street Address, Municipality and County) BELL HILL AVENUE, FISHERS ISLAND, TOWN OF SOUTHOLD, SUFFOLK COUNTY Name of Applicant]Sponsor WILLIAM GA1LLARD Address P. O. BOX 647 City / PO FISHERS ISLAND State NY Zip Code 06390 Business Telephone (631) 788-7681 Name of Owner (if different) Address City / PO Business Telephone State Zip Code Description of Action: RECONSTRUCT AN EXISTING 6-FT. WIDE X 43 (+/-) LF PILE SUPPORTED PIER OF WHICH 20 (+/~) FEET WILL BE GRATE DECKING. CONSTRUCT A NEW 10-FT. X 6-FT. WIDE, PILE SUPPORTED TIMBER PIER EXTENSION WITH ELECTRIC AND WATER UTILITIES AND A LADDER. INSTALL A NDEW 8-FT. X 20-FT. FLOAT WITH ASSOCIATED RESTRAINT PILES, A HINGED RAMP AND LADDER ALL AT OR WATERWARD OF THE APPARENT HIGH WATER LINE., Page 2 of 21 Please Complete Each QuesB~R-Indicate N.A. if not applicable A. SITE DESCRIPTION Ph3~ical sea~ng or ova-alt project, both developo~ a~d unde~lope~ areas. 1. Present Land Use: [] Urban N Industrial [] Commercial N Forest r-'] Agriculture [] Other r~ Residential (suburban) F'~ Rural (non.farm] Total acreage of project area: !.3 acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegatated (Rock, ean:h or fill) Roads, buildings and other paved surfaces Other (Indicate type) PRESENTLY AFTER COMPLETION 0.8 acres 0.8 acres 0.2 acres 0.2 acres 0.1 acr~ 0.1. ~cres 0.2 acres 0.2 acres 4. Ara thera bedrock outcroppings oa project site? [] Yes a. What is depth to bedrock (in feet) 5. Approximate percentage of proposed project site with slopes: r~o.lo% 50% [~1o. 15% 25% r~115% or greater 25 % 6. Is project substantiall~ontiguous to, or contain a building, site, or dis~ct, listed on the State or National Registers of Hist~ic Places? L..J Yes r~l No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes r~No What is predominant soil typo(s) on project site? Grovel a. Soil drainage: r~well drained 100 % of site r~ Moderately well drained % of site. ]Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System?. acras (see 1 NYCRR 370). [] No ]No r~Yes r']No 8. What is the depth of the water table? 3.¢ (in feet] 9. Is site located over a primary, principal, or sole source aquifer?. [] Yes 1 O. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Page 3 of 21 11. Does project site contain any Accordin~ to: plant or animal life that is identified as thre~ or endangered? E]Yes [~]No Identl~ each species: 12. Are there any unique or unusual land forms on the pro.~ect site? (i.e., cliffs, dunes, other geological forma'dons? E]Yas [~No 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? r~s, explain.t 14. Does bhe present site include scenic views known to be important to the community?. 15. Streams within or con'dguous to project area: 16. n~Yas [~]No I a, Name of Stream and name of River to which it ia tributary Lakes, ponds, wetland areas within or centl~luous to pm~ect area: Size (in acres): Page 4 of 21 'i 7. Is the site served by existing public utilities? ~'~ Yes [] No a. If YES, does sufficient capacity exist to allow connection? ~'~ Yes b. If YES, will improvements be necessary to allow connection? NNo r~Yes ~]No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, ArtJcle 25-AA, Section 303 and 304? DYes ~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 r~Yes r~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? B. Project Descdption 1. Physical dimensions and scale of project (fill in dimensions as appropriate), ~]Yes r~ No a. Total contiguous acreage owned or controlled by project sponsor: b. Project acreage to be developed: 0.1 acres initially; c. Project acreage to remain undeveloped: L0+/- acres. d. Length of project, in miles: 0.05 (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. __ 1.3 acres, 0.1 acres ultimately. f. Number of off*street parking spaces existing g. Maximum vehicular trips generated par hour: h. If residential: Number and type of housing units: One Family Initially 1 Ultimately ! 30 % proposed 4 (upon completion of project)? Two Family Multiple Family N/A N/^ N/A i, Dimensions (in feet) of largest proposed structure: 10+/- height: j. Linear feet of frontage along a public thoroughfare project will occupy is? How much natural material (i.e. rock, earth, etc.) will be removed from the site? Will disturbed areas be reclaimed r-~Yes ~'~No DN/A a. If yes, for what intended purpose is the site being reclaimed? Condominium N/A N/A N/A 6 width; 20 length. Oft. 0 tons/cubic yards. b. Will topsoil be stockpiled for reclamation? N Yes [~ No c. Will upper subsoil be stockpiled for reclamation? N Yes [] No 4, How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? r'-I Yes r~No 6. If single phase project: Anticipated period of construction: 2 months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated 1 (number) b. Anticipated date of commencement phase 1: 6 month 2011 year, (including demolition) c. Approximate completion date of final phase: 8 month Z01I year. d. Is phase 1 functionally dependent on subsequent phases? [] Yes N No 8. Will blasting occur during construction? J J Yes ~ No 9. Number of jobs generated: during construction 3; after project is complete __ 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? r-~ Yes ~'] No If yes, explain: I 12. Is surface liquid waste disposal involved? I I Yes laJNo a, If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [] Yes [] No Type 14. Will surface area of an existing water body increase or decrease by proposal?. DYes [~No If yes, explain: 1 5. Is project or any portion of project located in a 100 year flood plain? r~ Yes [-"~No 16. Will the project generate solid waste? r-'l Yes [~ No b. d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? E~]Yes If yes, what is the amount per month? __ tons If yes, will an existing solid waste facility be used? N Yes [] No If yes, give name ; location [~No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? E]Yes [~'~No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? ~ years. 18. Will project use herbicides or pesticides? NYes [] NO 19. Will project routinely produce odors (more than one hour per day)? [] Yes [] No 20, Will projec[ produce operating noise exceeding the local ambient noise levels? []Yes r'~No 21. Will project result in an increase in energy use? [] Yes [] No If yes. indicate t,jpe(s) 22. If water supply is from wells, indicate pumping capacity- gallons/minute. 23. Total anticipated wamr usage per day gallons/day. 24. Does project involve Local. Sr. ate or Federal funding? [] Yes [] No If yes. explain: Page 7 of 21 25. Approvals Required: City, Town, Village Board []Yes [] No Type Southold Board of Trustees Submittal Date Apdl 2011 City, Town, Village Planning Board []Yes [] No City, Town Zoning Board r-"] Yes r~ No City, County Health Department N Yes N No Other Local Agencies N Yes N No Other Regional Agencies ]Yes [] No State Agencies [~Yes r~No NYS DEC US ACOE August 2010 August 2010 Federal Agencies [~ Yes [] No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? r-lYes ~ No If Yes, indicate decision required: ]Zoning amendment ]Site plan J~J Zoning variance r~ special use permit r~ New/revision of master plan J-]Resource management plan r~ Subdivision N other Page 8 of 21 What is the zoning classification(s) of the site? RESIDENTIAL What is the maximum potential development of the site if developed as permitted by the present zoning? RESIDENTIAL,SINGLE FAMILY, ONE UNIT PER LOT What is the proposed zoning of the site? NO CHANGE What is the maximum potential development of the site if developed as permitted by the proposed zoning? IRESIDENTIAL, SINGLE FAMILY, ONE UNIT PER LOT 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? I J~J Yes [] No 7. What are the predominant land use(s) and zoning classifications within a V4 mile radius of proposed action? THE ENTIRE AREA WITHIN 1/4 MILE OF THIS SITE IS ZONED AND DEVELOPED AS RESIDENTIAL WITH THE EXCEPTION OF THE HAY HARBOR CLUB WHICH IS MORE RECREATIONAL OPEN SPACE. 8. Is the proposed action compatible with adjoining/surrounding land uses with a ~ mile? 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? ~lYes [] No Page 9 of 21 10. Will pn:~osed ac1~q ~quire ~ny autho~Zaboll(s) fc~ the formaUon of sewer or ~t~ dislzicts? [] Ye~ [] No 11. Will the Ixolx~ecl actim create a ,d~'~a~l fro' a~y community pm~dded settees (rec~,, e~ucatiol~, police, fire pm~ectio~? 1 2. Wa the PrqX~ed action le~uit in the 9enetation of uafltc signiflcaff~ axwe i. ~ leve~s? 8, If )~S, is the exisWIg road neL~srk ~ ~ ~he to handle Ule ~dcli~l tra~c. [~Yes E~] Igo TiUe Page 10 of 21 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except for minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action 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. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's Office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 009 - 3 - 5 PROJECT NAME: WILLIAM GAILLARD The Application has been submitted to (check appropriate response): Town Board Planning Board __ Building Dept. Board of Trustees X 1. Category of Town of Southold agency action (check appropriate response): a) Action undertaken directly to Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) b) Financial assistance (e.g. grant loan subsidy) c) Permit, approval, license, certification: X Nature and extent of action: Reconstruct an existing 6-ft. wide x 43 (+/-) LF pile supported pier of which 20 (+/-) will be grate decking, construct a new 10-ft. x 6-ft. wide pile supported timber pier extension with electric and water utilities and a ladder, install a new 8-ft. x 20-ft. float with associated restraint piles, a hinged ramp and ladder ali at or waterward of the apparent high water line. Location of action: Site acreage: Present Land use: Bell Hill Avenue on Hay Harbor Parcel =1.3 acres, Pier less than 1/10th acre 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: William Galliard b) Mailing Address: P.O. Box 647, Fishers Island, NY 06390 c) Telephone number: Area Code (631) 788-7681 d) Application number, if any _ Prior permit No. 6850 Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal Agency? US ACOE, NYS DEC Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 These dock modifications make 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 pier will follow its existing, long-standing configuration and match the deck elevation of the existing pier. The deckinE will be open-grate style over areas which typically support tidal wetland vegetation. Piles and rails will be 42 inches above the deck of the pier only. There will be no impairment of waterflow or navigation. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section II1 - 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 Southoid. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No X Not Applicable The dock modifications are typical of waterfront dock facilities in Hay Harbor and throughout New England. This pier is not really in the public line of site because residential lots with long-established houses exist between the roads and the shoreline. Visual quality will not be adversely affected by these dock modifications. 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 This pier and the float are built to withstand inundation during flooding conditions. The piles are small diameter but framing timbers are hefty and, with their composite structural integrity, can typically handle elevated water levels as well as typical Hay Harbor wave forces. The area is sheltered against all but the harshest of northwesterly storm winds and even the fetch is only a quarter mile and so wave forces are minimal. The open-grate decking releases most of the induced uplift fomes. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section II1 - 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 drinking water on Fishers Island; the proiect stands in salt water. The addition of a float accessing 3 to 4 feet of water should decrease bottom sediment re-suspension during boating and docking maneuvers thus it is anticipated that long term water quality should improve in Hay Harbor. 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 project is consistent with this policy because it maintains the elevation of the pier landing at an acceptable height above the bottom sediments under which adjacent tidal wetlands vegetation may spread and open-grate decking will be used in the section of the pier where tidal vegetation is capable of growing, in the intertidal zone. Enclosed is a copy of the NYS DEC Marine Habitat Protection Bureau e-mail from Ms Karen Graulich indicating her department's determination of acceptability for this configuration. In addition, the NYS DEC prepared a study showing that the proposed pressure-treated Southern 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, which are inert, for the decking. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. __ Yes __ No X Not Applicable There are no air quality issues related to this project. No emissions will be generated by the dock facility. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes __ No X Not Applicable There is no solid waste or hazardous substances to be generated from this project. The pressure-treated wood trimmings from the pier construction will be collected and disposed of in accordance with current regulations so as to minimize any harmful affect. The floating dock and ramp will be built off-site and delivered on the construction barge. There will be no storage or staging of equipment or materials on the site; all of it will be stored on and staged from the barge. 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 llI- 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 consists of the area between the mean high water line and mean low water line and the resources are from the high tide line, out. These environmental resources are being protected by the design standards dictated by the Town of Southold and NYS DEC. There is virtually no public use of the waterfront on this property and the waterward extension of the pier. The project will not adversely affect access or resource quality. 4 WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. X Yes __ No __ Not Applicable This project is to re-build and extend an existing wood pile and timber pier and install a new ramp onto a new floating dock for water-dependent, recreational boating. This usage is defined as water-dependent in the LWRP. Policy 11. Promote sustainable use of living marine resources in Long Island Sound the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. X Yes No __ Not Applicable This pier is not used for commercial fishing or shellfish industries or enterprises. There are scientific studies which have shown that piers and floats with structure spanning the water column provide diversiW of habitat which is attractive and beneficial to plant and animal communities as well as protection for juveniles and larvae. Policy 12. Protect agricultural lands in the Town of Southoid. 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 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 energy or mineral mining or processing operations. PREPARED BY: Keith B. Neilson, P.E., Docko, Inc. TITLE Agent__ DATE April, 2011 Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen Johll Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of WILLIAM GAILLARD COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ]%/O_i'~k , residing at /dba ~)O~;~q't9..) /~C2 being'duly swo~, depos~d say: ~at on the~doy of ~ ~ ,. 20~, I perjonally posted the prope~y known as by placing the Bo~d of Trustees official poster where it c~ e~ily be seen, ~d that I have checked to be sure the poster h~ rmain~ in place for ei~t days prior to the date of the public heating. Date of hemng noted thereon to be held Wed~ May 18~ 2011 on or about 6:00 PM. Sworn to before me this day offf~/20 // H/Oom'q WILLIAM GA1LLARD POSTING, MAY 9, 2011 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAlL RECEIPTS Name: Peter Gaillard Ellmore Patterson Arm: Brandywine Trust Co. Jauio & Eliana Spinola Henry L. Ferguson Museum Atto: Mr. Robert J. Miller, VP Day Piracy, LLP Address: 1200 Half Moon Bay Drive Croton on the Hudson New York, NY 10520 7234 Lancaster Pike, Suite 300A Hockessin, DE 19707 P.O. Box 201, Fishers Island, NY 06390 I Canterbury Green Stamford, CT 06901 STATE OF CONNECTICUT COUNTY OF NEW LONDON DOCKO, 1NC. , residing at 14 HOLMES STREET, MYSTIC, CT 06355, being duly sworn, depOses and says that on the ~ day of /~ C,6~o/ ,20//, depOnent mailed, a tree copy of the Notice set forth in the Board of Trustees ~pplication, 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. ~~~_ t Sworn to before me this '-[771 Day of /'~t~Z/~ ,20 / / Notary Publ'i ! /, l"/ tV>, CVrr'w /°''v ,-//,eof lb Postage Certified Fee Return Receipl Fee (Endorsement Required) Restricled Delive~ Fee (Endorsement Req[~lred) Total Postage & Fees ~ ~7 ' o;,~,~,~;.~:,,z4' ................ ~ ............................... Bon'"d of TL-'us~cee$ Jkpp.l.~.o. at=-~on Coun~ of New L~do~ S~ of Coeoecticm WILLIAIV~ OAILLARD BEINO DULY SWORN DEPOSES AND AFFIRMS THAT HE / SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRU~ TO THE BEST OF HIS/HER KI~OWLEDGE 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 DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANiJ~.D. IN COMPLETING THIS APPLICATION, I I-IE~EBY AUTHORIZE THE TRUSTEES, THEIR AOENT(S) OR REPRESENTATIVE(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signatu~ 9J. ZI~-J.99"~O~, P.mll!eO ~e!ll!M e~O:/.O I, J, I,C Je~ · Complete items 1, 2, and 3. Also complete Item 4 if Restdeted Detive~ is desired. · Print your name and address on the reveme so that we can tatum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: l~'C~tlfled Mall l-1 E.~pre~ Mall I-I Registered [~Rstum Receipt for Merchandis~ n Insured Mall [] C.O.D. 4. Restricted Delivery? {Ex~a Fee) [] Yes 2. Article Number 7009 2820 0000 8054 6344 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if RestTlcted Delive~ is deslmd. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front If space permits. C7- o ?o/ B. Received by (P~fnted Name) D. Iadaik, a'yeddre~dlffem~tfl~mifsml? []Yes if YES, enter delivm7 address below: [] No ~ M~ml ~ ~ Mall [] Registered B~'Retum Receipt for Merchsnclls~ [] Insured Mall [] C.O.D. 4. Re~tdcted Delive~t? (Ex~a Fee) [] yes 2..~ticle Number (rrander from een'/ce ~e/) 7009 2820 0000 8054 6368 Ps Form 3811, February 2004 Domestb Return Receipt 1025SS-02-M-154 I ?,, ', I or on the flont If spane parmits. -- ~1 ~.x~ P ~ I~llG~O I 1 Article Addressed to No "' ,, II it YES, enter dellvelyaddre~s below: ~ No ,II ' ' 3' ~rtif~d~ M~I [] Reg~t~md [] Insured Mail ~caipt for Memhandlse [] C.O.D. 4. Restricted Deliv6~j? (Extra Fee) [] Yes 2, Article Number Fm'=fer fmm een4ce labeO 7009 2820 0000 8054 6337 PS Form 3811, February 2004 Domestic Retum Receipt (whezw t~e &i~i~ant in not the ow~) x,~ resid~g at ~. o. ~x, 647 (~int ~: of ~o~zt~) {mi~hg ad.ess) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the part of town officers and employees, The purpose of this form is to omvide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. ¥OUR AME: 1.4Jt:'tt 'm tla -d ('Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ~ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __.A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted t hi~!fl~ .° f Signature Print Name Town of Southoid LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except for minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its si..m~ificant 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~ iistin~ both suooortin~ and non-suooortin~ facts. If an action cannot bc certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's Office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 009 - 3 - 5 PROJECT NAME: WILLIAM GAILLARD The Application has been submitted to (check appropriate response): Town Board Planning Board __ Building Dept. Board of Trustees X 1. Category of Town of Southold agency action (check appropriate response): a) Action undertaken directly to Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) b) Financial assistance (e.g. grant loan subsidy) c) Permit, approval, license, certification: X Nature and extent of action: Reconstruct an existing 6-fl. wide x 43 (+/-) LF pile supported pier of which 20 (+/-) will be grate decking, construct a new 10-fl. x 6-ft. wide pile supported timber pier extension with electric and water utilities and a ladder, install a new 8-ft. x 20-ft. float with associated restraint piles, a hinged ramp and ladder all at or waterward of the apparent high water line. Location of action: Bell Hill Avenue on Hay Harbor Site acreage: Parcel =1.3 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: William Galliard b) Mailing Address: P.O. Box 647, Fishers Island, NY 06390 c) Telephone number: Area Code (631) 788-7681 d) Application number, if any _Prior permit No. 6850 Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal Agency? US ACOE, NYS DEC Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 These dock modifications make 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 pier will follow its existing, long-standing configuration and match the deck elevation oftbe existing pier. The decking will be open-grate style over areas which typically support tidal wetland vegetation. Piles and rails will be 42 inches above the deck of the pier only. There will be no impairment of waterflow or navigation. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. 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 Yes No X Not Applicable The dock modifications are typical of waterfront dock facilities in Hay Harbor and throughout New England. This pier is not really in the public line of site because residential lots with long-established houses exist between the roads and the shoreline. Visual quality will not be adversely affected by these dock modifications. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section IIl- Policies Pages 8 through 16 for evaluation criteria. Yes No X Not Applicable This pier and the float are built to withstand inundation during flooding conditions. The piles are small diameter but framing timbers are hefty and, with their composite structural integrity, can typically handle elevated water levels as well as typical Hay Harbor wave forces. The area is sheltered against all but the harshest of northwesterly storm winds and even the fetch is only a quarter mile and so wave forces are minimal. The open-grate deckino releases most oftbe induced uplift forces. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria. Yes No X Not Applicable This proieet will not have any affect on suitability of or availability of drinking water on Fishers Island; the project stands in salt water. The addition of a float accessing 3 to 4 feet of water should decrease bottom sediment re-suspension during boating and dockin~ maneuvers thus it is anticipated that long term water quality should improve in Hay Harbor. 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 3 This project is consistent with this policy because it maintains the elevation of the pier landing at an acceptable height above the bottom sediments under which adiacent tidal wetlands vegetation may spread and open-grate decking will be used in the section of the pier where tidal vegetation is capable of growing, in the intertidal zone. Enclosed is a copy of the NYS DEC Marine Habitat Protection Bureau e-mail from Ms Karen Graulich indicating her department's determination of acceptability for this configuration. In addition, the NYS DEC prepared a study showing that the proposed pressure-treated Southern 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, which are inert, for the decking. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes No X Not Applicable There are no air quality issues related to this project. No emissions will be generated by the dock facility. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No X Not Applicable There is no solid waste or ha?ardous substances to be generated from this project. The pressure-treated wood trimmings from the pier construction will be collected and disposed of in accordance with current regulations so as to minimize any harmful affect. The floating dock and ramp will be built off-site and delivered on the construction barge. There will be no storage or staging of equipment or materials on the site; all of it will be stored on and staged from the barge. 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 proiect is being built on private land. The public trust lands consists of the area between the mean high water line and mean low water line and the resources are from the high tide line, out. These environmental resources are being protected by the design standards dictated by the Town of Southold and NYS DEC. There is virtually no public use of the waterfront on this property and the waterward extension of the pier. The proiect will not adversely affect access or resource quality. 4 WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Sec LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. X Yes No __ Not Applicable This proiect is to re-build and extend an existing wood pile and timber pier and install a new ramp onto a new floating dock for water-dependent, recreational boating. This usage is defined as water-dependent in the LWRP. Policy 11. Promote sustainable use of living marine resources in Long Island Sound the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. X Yes __ No __ Not Applicable This pier is not used for commercial fishing or shellfish industries or enterprises. There are scientific studies which have shown that piers and floats with structure spanning the water column provide diversity of habitat which is attractive and beneficial to plant and animal communities as well as protection for iuveniles and larvae. 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 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 energy or mineral mining or processing operations. PREPARED BY: Keith B. Neilson, P.E., Docko, Inc. TITLE_Agent DATE April, 2011 Oocko, I nc, Serving the waterfront community since 1987 RO. Box 421, Mystic, CT 06355 (860) 572-8939 Fax: (860) 572-7569, email: permits@docko.com April 13,201 1 President Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 Dear Ms Doherty: Re: William Galliard Dock Modifications Hay Harbor, Fishers Island APR I 8 2011 On behalf of William Gaillard, we enclose herewith the following in support of his permit application for dock modifications on Fishers Island. Four prints each of plans titled: Project: Waterway: Location: Applicant: Date: "Dock Modifications" Hay Harbor Fishers Island, Town of Southold Suffolk County, New York William Galllard April 27, 2010 Four copies of the Southold Board of Trustees permit application, SEQR-Part 1, LWRP Consistency Assessment Form, Tax Assessor's Map, Environmental Questionnaire, EFH Assessment Worksheet, site photographs, narrative and location map and Check in the amount of $250.00 payable to the Town of Southold for Tidal Wetlands Permit I trust that you will find this application package complete and acceptable; please let me know if the need for further information arises. Very truly yours, Keith B. Neilson, P.E. KBN.'jm Enclosures CC: William Galliard US ACOE NYS DEC: Environmental Permits NYS DOS File: 07-07-1965 GAILLARD ~1 nc. Serving the waterfront community since 1987 Oocko I P.O. Box 421, Mystic, CT 06355 (860) 572-8939 Faxi (860) 572-7569, email: docko@snet.net April 28, 2010 Ms Lauren Standish Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 , .. g/k~( ~ 4 2~3~ '..~ Re: Trustees Fishers Island Visit Dear Lauren: ~-, ~ * Following up on our brief conversation this morning, we respectfully request that four additional sites be visited by the Trustees during their May 5th trip to Fishers Island. These are Charpentier on the west shore of Chocomount Cove, Warden in the cove along the east side of Tennis Racket Island in Hay Harbor and William Gaillard in the southeasterly corner of Hay Harbor off Bell Avenue. The following is a brief description of each of the projects. Each of these projects will be staked so that the Board will be able to visualize the proposed scope of work and the resources that will be impacted. William Galliard property off Bell Avenue The Gaillard's have been long4erm residents on Fishers Island and have had a dock facility which was built in the mid-60's. The dock consists of fixed pier, 6 feet wide, projecting in a westerly direction from the southeastly quadrant shoreline of Hay Harbor, south of the Hay Harbor Club. The proposal is to extend the pier approximately 15 feet and install a floating dock so that a motor boat tied up to the float will be in approximately 4 feet of water in accordance with DEC standards. The NYS DEC has required that the portion of the pier between the apparent high water line and apparent low water line be re-decked with open grate decking. This will require re-framing of the pier. In view of its age, it is probably most beneficial to re-build the full length of the pier as a part of the extension and floating dock project. Application documents to that effect will be forthcoming shortly. This application will supersede the previous permit issued for this site. Margaret Charpentier - The Charpentier family owns property.off the East End Road along the west shore of Chocomount Cove. Their property is located near the northeasterly end of the Fishers Island Golf Course driving range property. The Charpentiers would like to build a dock facility in Chocomotmt Cove. You will probably recognize the location and the proposed facility from my workshop presentation of several months ago. The pier has been configured to run in a northeasteriy direction to a point where the pier and the proposed docking slips will be clear of the band of eel grass which stretches along the end of the two stone groins on the property. The band of eel grass terminates just southeasterly of the southeasterly groin. This information was documented in the survey conducted by Richard Strouse of CME. The pier originates on the Ms Lauren Standish Tp. wn of Southold April 28, 2010 beach in such a way that it will not obstruct passage of beach walkers although such foot traffic is rarely, if ever seen in this area. The pier will be relatively low in profile with an initial elevation of 8 feet above mean low water (at beach elevation) and terminating at the water's edge at elevation 6. The fie offpiles shown around the end of the pier also clear the band of eel grass previously mentioned and thus the boats using this facility will remain clear even during docking. Robert Warden - The Warden property as mentioned above is on the east shore of the small cove east of Tennis Racket Island in Hay Harbor. The site is accessed off of Equestrian Avenue. The historic house site is very close to the edge of the eroding coastal bluff. Shoreline protection is necessary along the exposed foundation wall on the south and west sides of the house. I have recommended in the attached sketch that a series of interlocking and criss-cmssing concrete planks or logs be installed on the bank and backfilled with a mixture of gravely top soil which wilt allow for the vigorous growth of soil stabilization vegetation. This vegetation will be a mix of native, non-invasive species to comply with Coastal Management Act policies. The Wardens will also like a dock facility. It is envisioned that this dock will emanate from the west face of the patio and transition to a set of staim which will level out at an approximate elevation of 6 feet above mean low water. The pier will mn out to a distance of approximately 60 feet from the apparent high water line and then terminate with a hinged ramp to a float set at 90° to the pier. This will allow the pier, floating dock and a berthed boat on the west face of the float all to remain within the 25% waterway restriction criteria typically utilized by the DEC, Local Law #6 and Corps of Engineer policies. The water depth will be approximately 2 to 3 feet at the west face of the float referencing mean low water datum. A travelway of more than 100 feet will be left for navigation further to the south to parcels such as that owned by the Bordens. John Stripp - Mr. Stripp is in the final stages of purchasing three lots on the east shore of the Peninsula on Darbie's Cove across the cove from the Baker sites. It is Mr. Stripp's desire to install a small dock facility for recreational boating. We have done some preliminary depth soundings in the area and determined the area where the water is deepest and would provide the most suitable access for a small motor boat. Attached is a concept plan which shows the location and layout of this facility in Darbie's Cove. The tidal wetlands along the shore are not very extensive. Trees that grow on the bank, overhang the bank and substantially shade the site from late morning on. In our recent visits to Darbie's Cove for the Baker project we have not been aware of the existence of any submerged aquatic vegetation in this part of Darbie's Cove. Because of the extent of land currently under contract, it does not appear that there will be any issues regarding littoral development rights of neighbors and the pier spans less than 25% of the cove. The property is broad enough and the proposed dock facility is fairly well-centered on the site such that adjacent dock facilities should not be adversely impacted either due to alignment or boating access. It would be greatly appreciated if you would be able to visit these sites in addition to the three projects for which applications have already been submitted. They are shorefront stone slope protection for Mr. Nicholas Noyes and Mr. Leonard Orr and Mr. & Mrs. Thomas Shillo's residential dock facility in Inner Bay offPirate's Cove. Ms Lauren Standish Town of Southold April 28, 2010 Please let me know if the need for any further information is necessary. I have attached sketches of the 4 proposed sites for your consideration at this time. Your assistance as always is appreciated. Yours truly, DOCKO, INC. Keith B. Neilson, P.E. KBN.'jm Attachments CC: Margaret Charpentier Thomas Shillo Leonard Orr Robert Warden Nick Noyes William Gaillard John Stripp File:09-07-2138 CHARPENTIER 07-05-1931 SHILLO, RESIDENCE 10-04-2192 WARDEN, ROBERT 03-01-1383 ORR 09-08-2146 NOYES 07-07-1965 GAILLARD 09-12-2167 STRIPP DOCKO, INC. Board of Trustees, Town of Southold Inspection fees, Gaillard, Warden 5/4/2010 12110 100.00 CGSB-Checking acco Inspection fee - Warden, Gaillard 100.00 May u,~ '~u u:,':~'~Jp William gaillard 203-661-4716 Boarcl o~ ~'tees ~Pl~a~.on _, ~0 · · to apl~Xy for l~erm.tt(s) ~.z-~ ~h. 'lu U~:L-'up Will,rd G,aiileY-d 203.661-4716 p.2 ~oard o~ Trur~ee~ A~pLf~a'cJ. on (BOa~4 a~ Totm Tcus'cees on ~r IMha].E. DOCK, MOID FICATION~ LOCATION: OV~:I:P-./'~LL I:::'/__./,~N I I I i I FLGHF:R_G I.GL.AND, TOWN OF ~J~hOLD .GUF'FOL. K GOUNTY, NEW YORK WATDL~VAy: HAY HARBOR DAT~ ,aC'l~L DT. 2010 .Gl-ID. ET 1 ~ 4 ~~, IN~. 572 8DDD F~ ~ ~2 ~ \ ~ ° NON-TU~ ' ~ ~IF~ ~PP~OV~D ~y /:~ ) I I I I I ~ ~ , F~I~ ~ ~U~ ~U~LK COUP, N~ YO~ ~IC~T: ~ DOCKQ, INC. ~i~ ~. Neil~n, ~ M~c, ~ ~ 572 8DD9 F~ ~ 572 75~D N NE~V 10-'IN X 12-IN NE~' ~UPPOIZ? / ~-IN TO~IO-IN ~IA / / I I I I I~-VI~ED ~-l.~-lO W.~. FLOAT LOC. I$ DAVIT I::'P. OJECT: TO I~M/NN NON.-TUI2J:: BUFFE~ \ \ 6UI~',VI~r' I~ JAME..~ BE~N~424DO LAND 6UIL:'VEh'IN~ LLC LOCATION: WATEIL~NyAy: HAY DAT~: AC:~L 27, 2~0 ~IC~T: ~ ~ENT: ~HB~ ~O~O, IN~. ~ B. N¢[~0n, ~ M~, ~ ~ 572 89~g F~ ~ 572 7569 FI~HEI;~-~ t6LAND - TOWN of SOUTHOLD 6UFFOLK, COUNTY', NS~V yOI2K, D'W¢ O7,-O749~5 5XLG'11NG DE-OFF P~LE TO REh!AIN NOTE: RA~IP AND F~DAT RF__G'11;.AINT PL.5~ NOT .GHOWN iN THID FOR ~L.AR.r~ OF PlE. R C, OMPONENTD NE~V lO-In ~o l~-ln TIE-OFF NEW' 8' X 20' FI_OAT with CON~NUOU~ -- MPNV ~ECK NE~V S~!.IT CL. vAi"lP EENIZ:::) VI~TM 10 5 0 I lO _NOTE GI;~,TE. DECKING TO ~' THP. U FLOW" EX~TIN~ N~V lO-tn FI-OAT III NEVV~ NEtV PAVIT ond NEll ~/OOP TOIa 12.AIl_ ond  RETAIN/t"n~NTAIN NON-TU~ BUFFER 'WlO"~ V,~ E,~ 15..FT MIN. 1.~FT WIDE TOE TO TOP BU'CFEI~ OF BANK MHW 2.4 DECK El.. WATE~'WA¥: HAh' DATE: ,~c'~lL 27, 2010 ,~:~PLICANT: 'O¢ILL~"d CAILL.AP4D ..~H EE-[' .4- OF .4- EDOCId..O, INC. Keith B. Nell~on, ~ M,,.~c, CT 00355 ~0 572 ~939 F,a~ ~ 57~5~9 i E.Y4~TIN~ I:::IEI~ AL11~I24NIFLORA TO ~.~ RDBUiLT II ~UI~'VEY I:~ JAP1E~ E, EI~NAI~OO LAND ~UIk~V~'IN~ LLC POCl( i~IODIFICATION¢ FI¢HEt~ I~I-AND - TC:NVN of ~OUTHOLO ~UFF:OLK COUNTY, NE',V EM. AIL: docko~)snetnet