Loading...
HomeMy WebLinkAbout1000-10.-7-27.10 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. 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 Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: April 20, 2011 Re: Proposed Wetland Permit for PETER SCHWAB SCTM#10-7-27.10 Docko, Inc. on behalf of PETER SCHWAB requests a Wetland Permit to reconstruct 72 If. of 8' wide pile supported timber main pier, a 1,300 sr. pile supported timber pier landing, two 6'X 20' floats and one 8'X 24' float all with associated restraint piles/pipes, retain 55 If. of existing concrete seawall all at and waterward of the apparent high water line. Located: Hedge St., Fishers Island. SCTM#10-7-27.10 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 provided the following best management practice is required pursuant to: § 275-11. Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate proiect area, .Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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 mirror 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. Thns~ eaeh answer must be exolained in detail, listinz both suooortin~ and non-supporth~g 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 Depa~ment, all local libraries and the Town Clerk's Office. B. DESCRIPTION OF SITE AND PROPOSED ACTION PROJECT NAME: Dock Faeil~ty Reeonstruetion (Peter Schwab) / J v "~ The Applieation has beeo 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 wood timber and pile-supported pierI landlnE and floating dock facilities all waterward of the apparent high water line. Location of action: Property at Hedge Street Site acreage: Parcel = 0.5 Acres 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: Peter Schwab b) Mailing Address: P.O. Box 134, Fishers Island, NY 06390 c) Telephone number: Area Code (631) 788-7377 d) Application number, if any Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal Agency? US ACOE, NYS DEC Evaluate the project to the following policies by analyzing how the project will further support of not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. X Yes __ No __ Not Applicable This dock reconstruction continues appropriate use of an existing waterfront site in accordance with NYS DEC, and the DOS Coastal Management Program, Southold Local Law No. 6~ 2004 and the Southold LWRP. The pier will be approximately 4-foot deck height over the stone and boulder bottom sediments until passing the apparent mean low water line. There will be no impairment of waterflow or navigation. Piles and rails will be 42 inches above the deck. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Page 3 through 6 for evaluation criteria. Yes __ No X Not Applicable 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes __ No X Not Applicable The proposed work is the reconstruction of a wood timber and pile supported pier. The only visna! access affected by this project is at the applicant's site and immediate neighbors in this small cove which other docks and residential and commercial facilities. The portion of the facility visible fxom the Grebe's and the Bumham's and will look substantially the same, as the existing dock. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section llI- Policies Pages 8 through 16 for evaluation criteria. __ Yes __ No X Not Applicable These proposed dock reconstruction will take place in West Harbor and is acknowledged to be in a flood-prone area; there is wave exposure at this site. The pier reconstruction will be built to accommodate complete submersion and resist hydrostatic and hydrodynamic uplift pressures due to flooding. 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 project will not have any affect on suitability of or availability of drinkin?, water on Fishers Island Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section Ill - Policies; Pages 22 through 32 for evaluation criteria. X Yes __ No __ Not Applicable 3 This proiect is consistent with this policy because it proposes the reconstruction of an existing, long- standing pier and dock facility at an acceptable height above the bottom sediments. In addition, the NYS DEC prepared a study showing that the proposed pressure-treated Southern Pine timber products coustmction materials are suitable for this tSq0e of proiect in this location, except for decking which will be of untreated woods or composite (or plastic) materials. Policy 7. Policies Pages 32 through 34 for evaluation criteria. Protect and improve air quality in the Town of Southold. See LWRP Section III - Yes No X There are no air quality issues related to this proiect. facility. Not Applicable No emissions will be generated by the dock Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. Yes __ No X Not Applicable There is no solid waste or hazardous substances to be generated from this proiect. The pressure-treated wood trimmings from the dock reconstruction will be collected and disposed of in accordance with current regulations so as to minimize any harmful affect. 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 111 - Policies; Pages 38 through 46 for evaluation criteria. Yes __ No X Not Applicable This project is being undertaken from private land. The public trust lands and waters constitutes the area between the mean high water line and mean low water line and the resources are from the high tide line, out. These environmental resources are being protected by the design standards dictated by the NYS DEC. The inter-tidal zone beneath the pier landing is covered with stone and boulders. There is virtually no public use of the waterfront in this area and the reconstruction of the pier and landward extension above the apparent high water line are not likely to influence or change this fact. 4 WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section IIl- Policies; Pages 47 through 56 for evaluation criteria. X Yes __ No __ Not Applicable This proiect is to rebuild a pier for water-dependent, recreational and transportation boating. This usage is defined as water-dependent in the LWRP because the dock facility is now and will continue to be used for recreational boatina and provide boat transportation access to the mainland. Policy 11. Promote sustainable use of living marine resources in Long Island Sound the Peconic Estuary and Town waters. See LWRP Section lIl- Policies; Pages 57 through 62 for evaluation criteria. yes No X Not Applicable This pier is not used for commercial fi~hing or shellfish industries or enterprises although it was ori~.'nally constructed for such purposes. 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 Ill - 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 A e~g~ DATE November, 2010 ~OO~E I~LiNNID Island West Harbor N/l= PI~.OI:~I~FY LIMITED LLC LOCAl-ION i'dAI::~ r,~.~a[~:;E ~L~-VATION PATUM 15 MEAN LOX~ X,VAT~R. "~DE DATA 15 TAKEN FI;~OH .:2009 NOAA TIDE TAE, LE..~ IEFEI:ENC:~: ~T /'3. ~JE~ D~N: '. ~U~K/~P 3HBER ~N ~ FI ~H ~ ~ ~AT~ I~COUTHOLO .~:,~.~ ~ PI~TE~ ' ;.:; ....,' .,. ,~, ~.,,~ ,, : I'"'x x ...... ~ '' ~ ~ ' ' ~ ~ IOVE~LL P~N ~. ~lNINO ~ O~E~ I ~ ~ ~: ~T: ~U~: I ~ HEDGE ~ LI~D ~C ~I~E~ ~ ~ ~E ~ ~BE I , ; ; ~ I ~ S~ ~N~ ~ ~BU~N ~E FOX A~NUE I ~ ~ 1~ 0 ~ P.O. ~ ~2 ~, PA 19355 ~ ~ 572 8~ F~ ~ 572 7~ N/F F~.O~r'~' ~f H[~O~I= ~TI~I=I=T LLC MAC NAIL ~XLGTIN~ x -1.8 - ~T~EL RAI~ x-5.4 x~.2 x N/F: ~ HAN~! PROt~iZTY LINE TOP OF WALL. 5LSV. = CONE::)ITION~ LAND 51jRVEY~N~ I~ A~,CHITF-CTUI;~,E, ~ ~OJC~T: I~OCI< t~CON~I~UC~ON LOCATION: WATERWAY: WE. ST HA~.BOI~ DATE DECEMBSR 2, 2010 ,~c~%ICAN~. ~c= m~R ~CHWA~ A~ENT: ~HE~--F 2 OF .~ l OCl<O, INC. B. Nell~n, ~ M~, ~ 0~55 572 ~9~9 F~ ~ 572 7~ D~ ~c~sn~.n~ R~HEI;L~ I~L.AND - TO'vVN of,~OUTHOLD ~UF'FOL.K COUNTY, Nb%V yOI2d4 I I D~.,V~ 10-09-2235 I I I I AT END of r"IAJN I::IEI~ 1,900,~,F PlLE FLOAT I:~,E,.~'FR~NT PlLE, FLOAT I;~.E~TRAINT RPE g'YP)- R-N"~P I I I I EL-EVA'I~ON-~ ARE B.A~ED ON NAVD 198~ LOCATION: FI.,~,HER~ I~LAND - TCA,VN o¢ ~UFT:OLK CX~UNTY. NE'A/YORK WATERWAY: WE~T ~IGANT: ~ET'ER .~CHWAI5 A~ENT: ~HEET .3 OF .3 Kel*h 0. Neil~on, ~ ff'l.~tlc, CT KI"'IAiL.: PETER B. & DAPHNE SCHWAB, DOCK FACILITY RECONSTRUCTION WEST HARBOR, FISHERS ISLAND NARRATIVE STATEMENT & SUPPLEMENTAL INFORMATION JANUARY 2011 GE~R~ The Schwab family owns parcel 1000-010-7-27.10 on Hedge Street located along the south shore of West Harbor on Fishers Island. The site is generally moderately sloped, sandy gravel earth materials and moderately landscaped with a small lawn and shrubs along the shore. The frontage of the property is approximately 40 feet along the harbor abutted by the Grebe family to the east and the Burnham's to the west. The waterfront consists of an armored shore with a long-standing wood pile and timber pier with floating docks and a shoreline landing. It is Mr. Schwab's desire to rebuild this wood timber and pile supported pier landing and floating dock facilities all waterward of the apparent high water line. The re-built facilities will be to the same limits and dimensions of the existing structures with decking at the same height. This supplemental narrative has been prepared in accordance with the requirements of Town of Southold, Ordinance No. 6, 2004, as well as the local Waterfront Redevelopment Plan related to docks and shorefront improvements. In addition, various coastal policies under the New York State Coastal Management Act are addressed herein for review by the New York State Department of State Section 661 of the NYS DEC Regulation pertaining to work in or adjacent to Tidal Wetlands is also addressed in this narrative. DESCRIPTION OF WORK As mentioned in the introductory paragraph, this project is to rebuild an existing, long- standing fixed wood pile and timber pier shore landing and floating docks as depicted in the attached application drawings and described in the application documents. All work will be done in accordance with existing guidelines set forth in the Town of Southold ordinance No. 6, 2004. This is a continuance of a lawfully existing structure and the residential use of the property and the use of the structure for recreational boating access are also lawful and in compliance with the Coastal Zone Management Act of the State. It is envisioned that this pier extension will be built utilizing the following general sequence and methodology. The marine contractor will arrive by barge with barge-mounted crane and push boats. The existing dock facilities will be disassembled, removed from the site and disposed of in accordance with applicable laws, codes and ordinances. New piles will be driven starting at the landside end of the pier landing and proceeding waterward to shore at roughly 10-foot intervals to the end of the existing pier. These piles will be driven by double-acting air hammer to a bearing resistance of approximately 20 tons. This generally results in about ten feet of embedment of the pile in the bearing stratum. These piles will be 10-inch nominal diameter measured the butt. -1- After the piles are installed, split caps (sometimes referred to as split clamps) consisting of pressure treated Southern Pine timbers ranging from 3 x 10 to 4 x 12 nominal dimension, will be bolted to the piles transversely. Stringers will be then laid on the split caps parallel to the length of the pier. In all likelihood, stringers will be 3 x 10 pressure-treated Southern Pine. The outer stringer on each side will be bolted or spiked to the pile to secure the deck against 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 pressure-treated Southern Yellow Pine, but rather oak, fir, cedar, etc. Decking could also be Timber Tech or similar plastic composite material with the brushed side mounted up. The synthetic decking can either be gray, brown or natural in color. Decking will in any case, be attached to the stringers utilizing stainless steel flathead square-drive wood screws about 3 inches long and will be set with a 1/8" to W' gap between members. The decking will run at an elevation of five feet. The alignment of the pier will match the existing structure throughout its length running over the non-vegetated bottom sediments that currently exist in the intertidal zone. The piles will extend to 42 inches above the deck surface and have horizontal rail members mounted to them to support vertical balusters at the owner's option, with 3 3/4" inch clear between balusters. A horizontal hand rail will be installed on the top of the rail system. The new hinged ramp will be installed at the south side of the pier so as to land on the first of the floats. This will probably be a wood ramp made of pressure-treated framing and posts and non-pressure treated Southern Yellow Pine decking. Water and electricity will be mn out on the pier in the space between the stringers so that trickle chargers on the boat(s) may be powered during tie-ups. In addition, the water will allow boats to be rinsed off after usage. A power post with an internal light will be mounted to the end of the pier with receptacles to provide power to the boats from extension cords. The power post will also have a coiling ann for storage of the hose between uses. Because the dock may be used during the hours of darkness, low-intensity lights will be mounted on staggered piles or dock rail posts to illuminate the walking surface. This system will be manually and radio controlled so that the lights will only be on when necessary for safety of the users. REQUIREMENTS OF SECTION 97-25 OF THE WETLANDS LAW 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. 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 ih writing upon completion of operations such that the site can be inspected for issuance for a certificate of compliance. In response to Sub-section 2a and the General Rules for Standards of Residential and Commercial Docks, the following additional information is offered. Permits for the work are being applied for through the Town, US ACOE, NYS DEC and a coastal zone consistency determination by the NYS DOS. The new piles to be installed will be of sturdy, durable and stable materials; in all likelihood, CCA pressure-treated Southern Yellow Pine piles with new framing of the same materials. These members will be a minimum of 3 x 8's and more often, 3 x 10's with two 3/4" bolt per connection, and in most cases, two ~A" bolts. This pier is a fixed, pile-supported timber structure and therefore does not adversely affect the free circulation of water or reduce the effects of fluctuating water levels in the harbor. In addition, the new structure replaces an existing long-standing structure in the same location and of the same dimensions. It does not present any adverse modification of the shoreline, which has already been crossed by the existing stair and landing. The pier's elevation is such that in extreme high flood tides the pier and landing of the structure might be flooded. The structure timber materials are specifically grown for this purpose and represent the standard of the industry. With the connections described above, this structure will be able to survive repeated inundations and even Incident waves at higher tide elevations. It is respectfully requested that the use of CCA pressure-treated piles and timbers be approved for this project. The pier landing and floating dock(s) will not be decked with CCA pressure-treated Southern Pine. This pier / walkway provides a safe pedestrian surface for access to the berthed boat. The 15-foot clearance specified in this paragraph cannot be met because the existing facilities are built to the edge of the narrow piece of land. However they are clear of structures on adjacent property. Upon receipt of the permit for this project, appropriate permit numbers will be affixed to the most seaward face of the pier for identification from the water. There are no permanent structures located above the pier decking nor are any planned at this time other than the power post, lights and railing. The existing pier and landing is built right to shore, in fact to the back of the house. There is little room to walk under the pier at low tide. Foot traffic is not and will not, be impeded in this area because pedestrian access is non-existent because of the developed shorefront characteristics of this and adjacent properties. The shoreline armor stone forms a steep transition from the shallow sub-tidal sediments to the upland and all of the property along this part of West Harbor is privately owned. -3- NYS DEC Tidal Wetlands Regulations - Sections 661.5 and 661.9 This project represents the reconstruction of existing dock facility components at the Schwab property at the far south end of West Harbor in the entrance to Inner Bay (Pirate's Cove). The dock facilities to be rebuilt include a pier and pier landing over the intertidal zone as well as a set of floating docks accessed by ramps from the pier. The float restraint piles hold the floats and dock in place as shown in the application drawings. 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. This pier, landing and floating dock facility was repaired in the 1990's. The DEC permitting at the time determined that no permit was necessary for that minor reconstruction / restoration work. This project is also covered under Nationwide Permit #3 of the US Army Corps of Engineers. 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. It should be noted that this project is the reconstruction of a long-standing dock facility. There are no tidal wetlands on the project site. The existing pier landing runs the full width of the property. Tidal wetlands vegetation does exist north of the site at the southeasterly comer of the Burnham property at the interface between the existing stone seawall and the exposed rock-covered, sandy bottom sediments in the intertidal zone. This vegetation however, does not constitute a tidal wetlands. The total area of the vegetation is approximately 300 SF and is located approximately 15 feet to the north of the Schwab property and five feet north of the northerly-most section of the wood pile supported pier landing to be rebuilt at the end of the right of way, the only access to the pier landing for equipment. 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 as this is reconstruction of an existing long-standing facility that has previously undergone review by the Department in rendering the "no permit necessary" decision referenced above. Furthermore, the project is a restoration of a long-standing waterfront dock facility structure and is compatible with the use of the site, zoning and the long-standing use of the site. This project will not have an tmdo or adverse impact on the present or potential value of nearby tidal wetlands vegetation. There are no tidal wetlands on the west side of the inlet to Pirate's Cove. All of the shoreline is developed shorefront. Town of Southold - Local Waterfront Revitalization 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 from the Local Waterfront Revitalization Program are appropriate. -4- Policy 2 -Water Dependent Uses - This project is to reconstruct a fully functional water dependent use, a docking facility for recreational boating at this waterfront site. Policy 5 - Use of Existing Developed Shorefront - This project will be primarily to rebuild a dock facility to a logical shoreward point of origin, clear of sensitive habitat or tidal wetlands and restore it to be safe and reliably usable in all weather conditions. Policy 7 - Significant Fish & Wildlife Habitat - Protection of significant fish and wildlife habitat has been considered in the development of this project layout. The existing pier and landing begin at the back of the house. Four feet of height will continue to be maintained above bottom sediments at the mean low water line. The intertidal zone is moderate-sized stone. 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 existing configuration, and will be re-built consistent with standards of the industry and restrictions set forth in the Wetlands Law, No. 6, 2004 set forth by the Town of Southold. The pier alignment allows sunlight to reach the bottom sediments beneath from the east in the morning and early afternoon. Policy 11 - Minimize Damage to Natural Resources - The pier reconstruction project will be conducted in such a way so as to minimize damage to natural resources as identified in Policy 7 above by alignment and elevation. The point of landfall is the back of the house. There is no tidal wetlands or submerged aquatic vegetation in the inter-tidal or shallow sub-tidal one at this site. Policy 14 - No Measurable Increase in Floodin£ - This project consists of reconstruction of an open wood pile and timber pier that will in no way adversely affect water flow and circulation in the 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 flood levels. Policy 15 - No Dredging, - Dredging is not required in this project. The existing floating dock system was laid out and configured to avoid dredging requirements. The pier end and floating docks are in 3 to 4 of water. The water in this cove does get appreciably deeper further out. To build a pier and float of adequate length to reach beyond 4 feet of water is not necessary. 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 and public trust lands are moderately sized stones making passage dangerous. The intertidal zone hosts two small tidal wetlands fringe out-crops north of the dock site and there has been no observed submerged aquatic vegetation in their area during the past 10 years during which regular observations have been made. The shallow sub-tidal waters do not present any opportunity or enticement for public access in the area. 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 has also been considered in this project. The Grebe's and the Burnham's properties have docking facilities similar to this one and this docking facility will not interfere with these existing facilities on immediately adjoining properties nor will it impact navigation in the travel-way leading in towards Pirate's Cove. -5- Policy 21 - Water Dependent Recreation - This project is consistent with water-dependent recreational opportunities policies set forth in this section. The dock system will be used for boating and water recreation without adversely affecting water point access by the Grebe's or the Burnham's. Policy 24 -Scenic Resources, Impairment or Loss - This policy is designed to prevent impairment or loss of scenic resources. The reconstruction of the inland section of the structure, the fixed wood pile and timber pier and landing, will not represent any new encroachment or structure which would create a loss of scenic resources. Policy 25 - F, phanee Overall Scenic Oualitv - The new dock structure will be consistent with the scenic quality of the area that has existed for decades and will not adversely affect scenic resources as described in Policy 24 above, and will not adversely impact the scenic quality of West Harbor; the structure is only visible to the public straight north of Pirate's Cove (Inner Bay). Policy 44 - Preserve and Protect Tidal Wetlands - It is acknowledged that a fringe marsh of spartina alterniflora along the shorefront would be a valuable resource, however, the very small colony of vegetation between the Schwab and Burnham properties is so small and such a very limited resource that it cannot be considered valuable habitat. Nonetheless, he height of the reconstructed pier will match that of the long-standing dock facility at this site and should allow the continued health of the spartina fringe marsh adjacent to the wood pier. SUMMARY This project will rebuild an existing, long-standing fixed pier for recreational boating access for the Schwab's home and property on Fishers Island. A copy of past US Army Corps of Engineers, NYS DEC and Town of Southold applications are attached as substantiation for this project. This project is consistent with regulations for this work at this location. No mitigative or compensatory measures are required. This pier reconstruction project complies with applicable standards of the New York State Coastal Management Act and Local Ordinance No. 6, 2004 and its approval is respectfully requested. Respectfully submitted, DOCKO, INC. Keith B. Neilson, P.E. -6-