HomeMy WebLinkAboutApplication * * * RECEIPT * * *
Date: 10/17/16 Receipt#: 213933
Quantity Transactions Reference Subtotal
1 Application For Appeal 10/17/16 $25000
Total Paid: $250.00
Notes: Harrington Family Limited Partnership
Payment Type Amount Paid By
CASH $250.00 Neilson, Keith
Southold Town Clerk's Office
53095 Main Road, PO Box 1179
Southold, NY 11971
Name: Neilson,_Keith
Docko, Inc
Po Box 421
14 Holmes Street
Clerk ID: LYNDAR Internal ID 10/17/16
- - - RECEIVED
your • • resource,
PIA ,p0CKo .
OCT 17 2016
Waterfront Mastei Planning _
Construction Management r
Urban Waterfront Design �fll! Q■ Southold Town Cl�r�
Maime Engineering CORPORP`��'
- t
Harbor Plannmg Y'
Site Evaluation Keith B. Neilson PE September 22, 2016'
Permitting '
PO Box 421,14 Holmes Street,Mystic,CT 06355
tel 860 572 8939 fax 860 572 7569 permits@docko.com www docko com
Scott A. Russell, Town Supervisor
- _ ---Town of Southold
_ P.O. Box 1179
Southold,NY 11971
Re: Coastal Erosion Management Permit Appear for Harrington Family Limited Partnership
- „ Dear Mr.Russell:
I am writing to the Town Board pursuant to Section 111-20 and 111-21 of the Town Code,which allow
_ the standards and restrictions of Chapter 111, "Coastal Erosion Hazard Areas" to be appealed by the
Town Board in their designated capacity as the Coastal Erosion Hazard Board of Review pursuant to
Section 111-25. Specifically, we are requesting that the Town Board grant the variance necessary to
allow,a fixed timber dock to be re-constructed at the property of the Harrington family, where the
proposed dock would be located in the "nearshore area" of the Coastal Erosion Hazard Area and was
thus denied a Coastal Erosion Management Permit on September 21, 2016 by the Board of Trustees
pursuant to Section 111-I I(C), as described below.
Before applications for the Town Wetlands and Coastal Erosion Management Permits necessary to re-
construct the dock were submitted to the Board of Trustees. I met with the Trustees during a pre-
application conference to discuss reapplying for the Permit No. 8235 and 8235C which just expired.
The purpose of the meeting was to ascertain whether the Trustees might have any substantive
objections to re-permitting the proposed dock reconstruction.During that meeting,the Trustees voiced
no objections. At the conclusion of the previous hearing on June 19, 2013, the Trustees resolved that
the proposed action was consistent with the Local Waterfront Revitalization Program and`voted
- unanimously to grant the requested Tidal Wetlands Permit and the Coastal Erosion Permit for the dock
as it was proposed and did so again at the permit extension hearing on May 20, 2015. However, on
August 17, 2016,the Trustees also determined that they had no choice but to deny the application for
a Coastal Erosion Management Permit due to the language of Section 111-11(C),which states that"all
development is prohibited in nearshore areas unless specifically provided for by this chapter" (copies
of code section and Trustees decision attached).
The Trustees' denial of the requested Coastal Erosion Permit demonstrates an inconsistency between
-the Town of Southold Coastal Erosion Hazard Area Law (CEHA) and the New York State Coastal
Erosion Hazard Areas. Act and the corresponding "Coastal Erosion Management Regulations", 6 U-
_ -NYCRR Part 505, with respect to the permittability of constructing a dock within the nearshore area.
While Section 505.8(a)(2) of the State regulations stipulate that "all development is prohibited in
nearshore areas unless specifically allowed by subdivision 505.8(a) of the Part," Section 505.8(a)(5)
r"
of the Town Law explicitly allows for the construction of docks in a nearshore area pursuant to a
Coastal Erosion Management Permit. "A coastal erosion management permit is required for new
-construction,modification,or restoration of docks,piers,wharves,groins,jetties, seawalls,bulkheads,
breakwaters,revetments,and artificial beach nourishment" (copy of code section attached).The Town
code, however,precludes a dock with a surface area of more than 200 square feet. It should be noted
that since the Southold Trustees are bound by this Town CEHA Law, the 200 square feet area
restriction appears to supersede the State Law since it is more restrictive.
Regardless of the reason for the difference in the two laws, the paragraph from the Town's Coastal
Erosion Hazard Area Law has the effect of precluding the Board of Trustees from deciding in favor to
- approve a dock in a Chapter 111 application in the Coastal Erosion Hazard Area and instead passes
that decision making power to the Town Board through our appeal process.If a dock is seasonal or has
a top surface area of 200 square feet or less, it is considered an unregulated activity that requires no
Chapter 111 review, and if it is permanent with a top surface area greater than 200 square feet, the
Trustees have no choice but to deny the Chapter 111 CEHA application, assuming their interpretation
of the code is correct, which appears to be the case.
The Harrington family is seeking relief from the practical difficulty and unnecessary hardship created
- by the denial of their ability to construct a dock for their private, noncommercial use pursuant to a
Town Coastal Erosion Management Permit, an ability that has otherwise been granted to them by the
Town of Southold in the form of a Town Wetlands Permit as well as permits from the NYS DEC,the
US ACOE and a Consistency Determination from the NYS DOS. Coastal Erosion relief should be
granted by the Town Board since the variance criteria set forth in Section 111-20 are in fact met by the
proposed project:
A. No reasonable,prudent, alternative site is available.The dock can of course only be placed in
the water along the applicant's shoreline, and anywhere it is placed along the applicant's
shoreline will be located in the nearshore area of the Coastal Erosion Hazard Area. Therefore,
there is no alternative location for the dock that would not require variance relief pursuant to
-._ the Trustees' interpretation of the code. Within the boundaries of the applicant's property, the
dock has been proposed roughly in the center of the property, the pier structure spans over a
nearshore fringe of boulders to reach navigable water beyond, as well as high over a narrow
nearshore band of eel grass to minimize adverse shading impacts and, except for the landing,
staying out of the path of waves from all but the most severe storms. It should be noted that if
the 200 square foot criteria were to be imposed, the pier would be only 50 feet long would
terminate in the boulders, short of the eel grass fringe,thus requiring boaters to motor through
the submerged aquatic resource to gain access to the facilities which would provide marginal
-- and extremely risky, limited use docking. Clearly the 200 square foot provision of Chapter 111
creates an unreasonable docking facility.
B. All responsible means and measures to mitigate adverse impacts on natural systems and their
functions and values have been incorporated into the activity's design at the property owner's
expense. The proposed rebuilt dock will be located in its pre-existing configuration along an
historically developed shoreline characterized by other nearby similar sized docks. The length
of this dock to be re-built will be approximately 40 feet shorter than the pre-existing structure
and will not cause a"fragmentation of ecological communities."Within the boundaries of the
applicant's property,the dock has been proposed roughly in the center of the property,the pier
structure spans over a nearshore fringe of boulders to reach navigable water beyond,as well as
high over a narrow nearshore band of eel grass to minimize adverse shading impacts and,
except for the landing, staying out of the path of waves from all but the most severe storms.
The dock facility will not result in the physical loss, degradation, or functional loss of
ecological components; or otherwise adversely impact the functions or values of the
surrounding natural systems, including the wetlands or tidal waters of the Town.
C. The development will be reasonably safe from flood and erosion damage. Although located in
the Coastal Erosion Hazard Area,the dock is proposed to be re-built in the lee of the east shore
of West Harbor and will be built high over the normal and typical storm induced wave break
zone of the shore.The dock has been configured and will be built structurally to suit its location
in the Coastal Erosion Hazard Area.
D. The variance requested is the minimum necessary to overcome the practical difficulty or
hardship which was the basis for the requested variance. As discussed with the Trustees, the
dock has been designed with the minimum length necessary to reach safe, navigable water
depth at this location without adverse impact on environmental resources. This resulted in a
40-foot shorter pier than that which existed at this site for 30 plus years.
E. Where public funds are utilized, the public benefits must clearly outweigh the long-term
adverse effects. Public funds will not be utilized in connection with this privately sponsored
project.
In addition to meeting these variance criteria,theproject also meets the criteria for issuance of a Coastal
Erosion Management Permit as set forth by Section 111-9 because a)the proposed dock is reasonable
and necessary considering reasonable alternatives and the extent to which it requires a shoreline
location, as the dock is the only means by which to provide safe,private, dockage for this residential
waterfront property and would be consistent in nature and location with the surrounding permitted
dockage facilities; b)the proposed dock will not cause an increase in erosion at the proposed site or at
other locations or adjacent sites; and c) the proposed dock will create no adverse effects on natural
protective features and their functions and protective values or existing erosion protection structures
and natural resources.
Based on these factors, we respectfully request that the Town Board grant the variance which will
allow construction of the dock as it has been proposed and otherwise approved by the Board of Trustees
- = and New York State Department of Environmental Conservation, The US Army Corps of Engineers
and copies of these authorized approvals are also enclosed for your reference and for the record.
Should you have any questions or require any additional information from me in support of this request,
I will be happy to delve into this in greater detail at your hearing.
Respectfully yours,
INC.
Keith B.Neilson,P.E.
;t
Docko, Inc. Serving the wafe' f .Y]Pll,cuinmunity since 11;187
PO.Box 421,Mystic,CT 06355(860)572-8939 Fax:(860)572-7569,email:officca—doclto.cofn
TO WI lt`)M IT MAY CON-CERN
This letter with authorize Docko, Inc, to access my property for the purpose of evaluating and for
delincating wetlands and other environmental reatures and / ormaking official inquiries on my
behalf and ,' or representing me and acting as my agent for the purpose-of securing regulatory
approvals and related nutters.
Signature
T• `/✓t`^��Tom/
Printed Name
bated_
RECEIVED
HARRINGTON FAMILY LIMITED PARTNERSHIP
WEST HARBOR/FISHERS ISLAND SOUND
OCT 17 2016 FISHERS ISLAND,NEW YORK
NARRATIVE STATEMENT & SUPPLEMENTAL INFORMATION
FOR NYS DEC,NYS/DOS AND TOWN OF SOUTHOLD APPLICATIONS
Southold Town Cled
JULY 2016
REVISED SEPTEMBER 2016 FOR CEHA VARIANCE
GENERAL
The Harrington Family Limited Partnership owns parcel 1000-02-01-12 off Private Road located
along the west shore of Clay Point / Fishers Island Sound on Fishers Island. The site is generally
moderately sloped, sandy gravel soils, vegetated with grass, brush, landscaping ground cover and trees.
The frontage of the property is approximately 400 feet along West Harbor at the east shore, abutted by the
Ferguson H L Museum property to the north and Jabco Limited Partnership to the south. The waterfront
consists of a partially rock-covered beach with tidal wetlands vegetation at the base of the moderately
sloped coastal bluff in the vicinity of the pier.
It is Harrington family's desire to reconstruct the fixed pier dock system. The pier will have at an
end elevation of 6 feet above Mean Low Water (MLW), sloping upward and crossing over the boulder-
strewn intertidal zone above the bottom sediments until reaching a finished elevation of about 8 feet as a
level dock, a level landing to shore at that elevation, stopping short of the bank with an angled ramp to
allow passage of the public. Attached are application drawings prepared for this project showing this
configuration and pertinent details.
This supplemental narrative has been prepared in accordance with the requirements of Town of
Southold, Ordinance No. 6, 2004, and the Waterfront Revitalization Program related to docks and
shorefront improvements. In a letter dated September 21, 2016 (copy attached) to Mr. Russell, Town
Supervisor, we have addressed the requirements of Chapter 111 addressing the Coastal Erosion Hazard
Area supporting a variance to the 200 square foot limitation of dock plan area. In addition, various coastal
policies under the New York State Coastal Management Act are addressed herein for review by the New
York State Department of State and Department of Environmental Conservation.
DESCRIPTION OF WORK
As mentioned in the introductory paragraph, this project is to re-construct a fixed wood pile and
timber pier from the shore out into West Harbor / Fishers Island Sound in accordance with existing
guidelines set forth in the Town of Southold ordinance No. 6, 2004.
It is envisioned that this structure will be built utilizing the following general sequence and
methodology.
➢ The marine contractor will arrive by water with barge-mounted crane and push boats.
➢ The existing pier will be demolished and all materials salvaged for disposal in accordance with
applicable laws,regulations and ordinances.
➢ New piles will be driven starting at the new shore landing end of the pier and proceeding
waterward at roughly 10-foot intervals to the waterward end of the pier. These piles will be driven
by double-acting air hammer to a bearing capacity of approximately 20 tons and pull-out
resistance of approximately 10 tons. This generally results in about 10 to 15 feet of embedment of
the pile in the bearing stratum. Because of the exposure with the prevailing wind westerly wave
field, these piles will be 12-inch nominal diameter class B Southern Yellow Pine pressure treated
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to 2.5 pcf of CCA type 3. The pier profile in the wave break zone will be 8 feet above Mean Low
Water.
➢ After the piles are installed, heavy duty split caps (also referred to as split clamps) consisting of a
pair of pressure treated Southern Pine timbers, 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, five runs of stringers will be set to accommodate the grate
type decking 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 secure it against 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 "Thru-Flow" or similar synthetic, composite or plastic
material with the brushed side mounted up. If composites or plastic are used, it will be either gray,
brown or natural in color. Decking will be attached to the stringers utilizing galvanized nails or
stainless steel flathead Phillips or square-drive wood screws about 3 inches long and will be set
with a '/" gap between deck planks.
➢ The over-water decking will run level at a height of up to eight feet above Mea Low Water and
well above the existing bottom sediments in the shallow sub-tidal zone. See Sheet 4 of the
application drawings for the pier profile.
➢ The piles will be about 42 inches above the deck surface and support horizontal rail members.
➢ The mid-rail can be timber or cable and both details are shown.
➢ A top rail of cedar, oak,hardwood or Timber Tech material will be installed for safety.
➢ Water and electricity will be run out on the pier in the space between the stringers so that trickle
chargers on the boat may be powered during tie-ups. The water will allow boats to be rinsed off
after usage. A power post with an internal light will be mounted to the end of the fixed pier with
receptacles to provide power to the boats from extension cords. The power post will also have
coiling arms for storage of the electric service cord and hose between uses. Because the dock may
be used during the hours of darkness, low-intensity lights will be mounted on staggered piles or
dock rail posts to illuminate the deck and the walking surface up the bank. This system will be
manually or radio controlled with a shut-off timer so that the lights will only be on when necessary
for safety of the users.
LOCAL WATERFRONT REVITALIZATION POLICIES
The Town of Southold, LWRP policies that are applicable to the dock proposal are a local
refinement of the Long Island Sound Regional Coastal Management Program policies that apply
throughout Long Island Sound. The Harrington site is in West Harbor off Fishers Island Sound on Fishers
Island and is characterized predominately as undeveloped coast or natural coast. The undeveloped 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 pier reconstruction for the Harrington family is consistent with waterfront development on
Fishers Island and in coastal areas. The pier is made of suitably-sized timbers and utilizes the materials
allowable under Local Law#6 with due consideration of climatic conditions at the site.
This proposal is consistent with other adjacent dock facilities and characteristics for the visual and
scenic considerations. The encroachment has been minimized to be consistent with DEC policies,
Southold Local Law #6, US ACOE policies and the structure is as low profile as possible consistent with
the safe and efficient use of the waters and consistent with the tidal range of this site. Lighting will be
2
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 pier reconstruction for the Harrington family recreational boating facility has been laid out
and configured so as to be consistent with the DEC permit requirements for such structures and in
accordance with recommendations of the Board of Trustees offered during the workshop presentation.
There was no tidal wetlands vegetation on the beach where the pier begins. The pier has been configured
high, clear of submerged aquatic vegetation in the shallow sub-tidal waters. As such, it provides adequate
height to clear environmental resources of concern and the materials to be utilized are consistent with
Town of Southold's Local Law #6 regarding environmental quality and the use of pressure-treated
Southern Yellow Pine timber components in particular. There will be no adverse impacts on air quality as
a result of this structure and the construction of the dock should not diminish overall environmental
considerations in West Harbor/ Fishers Island Sound. This dock facility matches the configuration of the
structure approved in Trustees Permit Numbers 8235 and 8235C.
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 restores a pre-existing recreational boating
facility for the Harrington property 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 siting of water-dependent uses in appropriate areas is
applicable. 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, historic point of the land where access down the bank will not
require excessive structural facilities and can be accommodated with path work rather than formal stairs
and so on.
This project has been laid out with specific reference and review of the Waterfront Revitalization
Program policies and is considered to be consistent.
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SUMMARY
In summary, the dock is typical of recreational boating facilities throughout the area and all along
coastal New England. The structure has been minimized in size, height, (except for storm and
environmental preservation concerns) and structure so as to be consistent with other facilities of a similar
nature and the minimum necessary components to accommodate safe and efficient boating operations
from this site safely in a variety of climatic conditions. 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 environmental resources and in the area
where the facility must span the intertidal zone at the shore line, the facility has been located in the area of
rocks where environmental resources have already been diminished by climate so as not to worsen any of
these conditions. The height of the structure has been specifically addressed so as to allow vegetation of
the shoreline by tidal wetlands plants if other conditions are conducive to such growth. The dock facility
has also been located reaching out to deeper water in Fisher Island Sound/West Harbor so that dredging
will not be an issue in the future,thus further minimizing adverse environmental impacts.
More than 95% of the Harrington shoreline will remain in a natural state as a result of these considerations
for design. There is no loss of valuable marine and wetland habitat and no water quality degradation as a
result of this project. No natural protective features or processes will be adversely impacted as a result of
the proposed docking facility. Dense growth areas of submerged aquatic vegetation in the proposed dock
or berthing area have been avoided. 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. The piles must be 12-inch diameter due to site exposure. In accordance with Local Law #6,
decking for the pier and the ramp treads will be of woods other than Southern Yellow Pine or plastic.
This project is consistent with zoning policies and ordinances for the Town. The dock facility will be an
accessory to the home located at this site. There will be no development of the upland related to this dock
facility that will create point sources of pollution or drainage. This project is considered to be providing
recreational boating and water usage opportunity compatible with the natural resource values and
characteristics of the site. The dock is configured for long-term stability considerations acknowledging
that waves from the north can come into Fishers Island Sound/West Harbor.
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.
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In response to Sub-section 2a and the General Rules for Standards of Residential and
Commercial Docks,the following additional information is offered.
1. 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.
2. The new piles to be installed will be of sturdy, durable and stable materials; in all
likelihood, Greenhart, Kakaralli or CCA Type 3 pressure-treated Southern Yellow
Pine(SYP) 12-inch diameter class B piles with new split caps and braces of pressure-
treated SYP materials. These members will be a minimum of 3 x 8's and more often,
3 x 10's with at least one 1-inch bolt per connection, and in many cases, two 3/ inch
bolts per connection.
This pier is a fixed, pile-supported timber structure and therefore will not adversely
affect the free circulation of water or reduce the effects of fluctuating water levels in
Fishers Island Sound. In addition, the pier does not present any adverse modification
of the shoreline. The pier's end elevation is such that in extreme high flood tides the
structure will be inundated. The structure's SYP timber materials represent the
standard of the industry being specifically grown for this type of usage and are
capable of withstanding full immersion. With the connections described above, this
structure will be able to survive repeated inundations and even direct waves at high
tide elevations with a structural life of approximately 20 years.
3. The pier support will include driving new 12-inch diameter piles at 10-foot intervals
to the maximum extent possible in order to obtain the desired pier alignment and
support intervals. The use of CCA pressure-treated piles and timbers can be
approved for this project in accordance with Local Law 6.
4. The pier will not be decked with CCA pressure-treated Southern Pine, but rather
"Thru Flow" decking in accordance with Town laws / ordinances. This pier /
walkway provides a safe pedestrian surface for access to the berthed boat. Rails may
be installed on the pier for safety.
5. The pier is located near the center of the property line. The 15-foot clearance
specified in this paragraph has been honored and should not be an issue because the
proposed pier does not represent a significant encroachment into the boating
operation area of the property to the south or to the north nor does it project into the
navigation way for other boaters in the cove.
6. 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.
7. There are no permanent structures located above the pier decking, nor are any
planned at this time, other than the power post and railing which are fixed by
function.
8. It is currently possible to provide a five-foot passage way beneath this pier and that
access ability will be retained landward of the apparent high water line. There is only
minimal room to walk under the pier at high tide, however, foot traffic in this area is
rare, if at all and so the additional structure of an up and over stairway has been left
out of this pier layout.
5
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 construct a fully functional water dependent use, a
recreational boating dock facility at this site in support of recreational boating.
Policy 5 — Use of Existing Developed Shorefront — There is no developed shoreline on this site. This
project utilizes natural existing shorefront which is dominated by an accumulation of stone which has
abundant vegetative resources such as bittersweet, poison ivy and junipers with only sporadic patches of
tidal wetlands vegetation. The project will be to rebuild the pier and ramp it to a logical shoreward
terminus to make it safe and reliably usable in most weather conditions without impeding shoreline public
access.
Policy 7— Significant Fish & Wildlife Habitat—Protection of significant fish and wildlife habitat has been
considered in the development of this project layout. The pier, to the shoreward point of beginning, has
avoided the shoreline spartina patches and runs four feet above the rocky intertidal sediments and should
not jeopardize the health of any shoreline vegetation. Typically, there is a slight environmental benefit to a
pier project because of the creation of structure in the water column where barnacles, algae and crustaceans
will colonize and grow. The alignment of the pier and the two slips passes clear of the mapped eel grass
fringe strip that follows the 3 to 4 contours to the south.
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 pier is located over a stony part of the
beach to make use of the least habitat and minimize damage to natural resources.
Policy 11 — Minimize Damage to Natural Resources - The dock construction project has been laid out in
such a way so as to minimize damage or impact to natural resources as identified in Policy 7 above. The
dock facility has been sighted in its longstanding where stone on the beach has already impacted shoreline
vegetation and the length reduced to the minimum practical length.
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 West Harbor/ Fishers
Island Sound 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 or in any way impact on those levels.
Policy 15 —No Dredging=Dredging is not required in this project. The dock system has been laid out in
its current location and configuration to avoid any dredging requirements. The depth of 4 feet, as generally
recommended by the NYS DEC and US ACOE, has been reached. The waters are protected enough that
boats can be berthed bow to shore leaving the motor out in the deeper water. The boat will not ground out
at low tide.
Policy 19—Impact on Public Access—Public access will not be jeopardized or impeded as a result of this
project. As a matter of fact, there is almost no public access usage of the public trust lands or waters at this
site except kayaking and canoeing. The intertidal zone is significantly covered by boulders and that is
common on adjacent properties. The shallow sub-tidal waters do not present any opportunity or enticement
for public access in the area. The pier does not reach the landward 25% of the waterway width in
6
accordance with US ACOE policies. Thus, public access to the State's lands and waters will not be
adversely affected by the project.
Policy 20 — Public Trust Compatibility with Existing 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 length, height and width of the fixed wood pile and timber pier will not represent
such an extent of encroachment or structure which would create a loss of scenic resources.
Policy 25 — Enhance Overall Scenic Quality - The new dock structure will be consistent with the scenic
quality of the area and prevent loss of scenic resources as described in Policy 24 above.
Policy 44—Preserve and Protect Tidal Wetlands —It is acknowledged that the spartina alterna flora exists
sporadically in small patches along the shorefront. The construction of the fixed wood pile and timber pier
has taken advantage of a typical un-vegetated strip of the shoreline caused by the deposit of stone in order
to avoid adverse wetlands vegetation impact. The height of the pier should allow opportunities for the
growth of the spartina fringe marsh naturally up to, and to an extent, beneath the wood pier if other
conditions are suitable, and the same with submerged aquatic vegetation,but to date that has not occurred in
the proposed pier site.
SUMMARY
This project is for pier reconstruction for recreational boating access at property of the Harrington
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 thus respectfully requested.
Respectfully submitted,
DOCKO, INC.
Keith B.Neilson,P.E.
7
HARRINGTON PHOTOGRPAHS
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a
Photograph 1
This photograph shows the full length of structure to be rebuilt, looking from about 100 offshore
looking in an easterly direction from West Harbor. The piles, stringers and timbers will be
removed in the demolition process. Reference piles will be left in place to make sure that the
alignment of the pier is true to the long standing structure. The pier will be higher than the
existing elevation in order to avoid wave buildup in these shallow waters when approaching from
the west. The end of the pier will be at approximately the elevation of the existing deck, 6 feet
above mean low water.
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Photograph 2
This photograph shows the isolated piles at the end of the pier,which will be deleted from the
project. The remaining structure is minimal,the length is unnecessary to reach adequate depth
for small to medium motor boating access. The rebuilt pier will stop just short of the inner pile in
this photograph.
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Photograph 3
This photograph shows the end of the existing pier looking in a south easterly direction toward
shore,with the ramp and walkway up to the mainland in the upper center of the photograph.
This photograph also shows the rocky shorefront sediments and the boulder to the south side of
the main pier. The boulder will be spanned over by the new structure. The new decking over
this boulder will be considerably higher by several feet to provide maximum clearance above
waves which break on the shore.
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Photograph 4
This photograph shows the shore end of the pier with the stairs to the beach that will be replaced
as a part of the project. Clearly this is a fairly natural waterfront with a rocky shoreline and
stony beach characteristics. There is minimal tidal wetlands vegetation at the site along the shore
at the dock site and home that will be adversely impacted by the project or the use of this facility.
The entire structure of pier and walkway along with the stairs to shore will be rebuilt as a part of
this project but the new pier will be approximately 3 feet higher than the pier framing seen here
and the replacement stair will parallel the pier reaching back toward the shoreline.
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LOCATION MAP
15 57 Project: "PIER RECONSTRUCTION'
Location: TOWN OF SOUTHOLD
SUFFOLK COUNTY,NEW YORK
Waterway: FISHERS ISLAND SOUND
Applicant: HARRINGTON FAMILY PARNTERSHIP
Agent: DOCKO,INC.
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aa.�ii� .lo HARRINGTON
LOG,a.T10IV REFERENCE
CHART:12372
GRAPHIC SCALE -
1000 O 1000 IN YARDS
PROJECT PIER =4
NOTES:
H`•_n
1.ELEVATION DATUM IS APPARENT LOW WATER t .= J-
Y� c y
2 TIDE DATA IS TAKEN FROM 2012 NOAH TIDE
TABI ES REFERENCE:SILVER EEL DOVE BASED ON N/F PROPERTY OF��..'PR ,
NEW LONDON,CT. JABGO LIMITED
3.PROJECT DESCRIPTION: PARTNERSHIP ~ -- -
CONSTRUCT 138±LF OF 5-FT WIDE FIXED WOOD PILE
AND TIMBER PIER WITH OPEN GRATE DECKING
INCLUDING FOUR BATTER BRACED TIE-OFF PILES ;
AND LADDERS WATERWARD OF THE APPARENT \' '
HIGH WATER LINE.RELOCATE 4-FT WIDE STAIRS
WITH A NEW 5-FT X 4-FT FXED LANDING AND ,
RECONSTRUCT AN EXISTING WOOD ACCESS RAMP
LANDWARD OF THE APPARENT HIGH WATER LINE.
4.PROJECT PURPOSE
THIS IS A PRIVATE DOCK FOR RECREATIONAL BOATING. TOWN of SOUTHOLD ~
5.THESE APPLICATION DRAWINGS REPRESENT ' ,
A COMPILATION OF SURVEYS FOR ENVIRONMENTAL
PERMIT PURPOSES.THEY ARE NOT CONSTRUCTION
CONTRACT DOCUMENTS.TOWN BUILDING PERMITS) : : •;'',=';.'y::-. `c. .: ,' '_j-;",.
MAY BE REQUIRED. ;-
6.ADJOINING PROPERTY OWNERS.
NORTH: SOUTH: '^ GRAPHIC SCALE 1'=300'
H.L FERGUSON MUSEUM JACOB LIMITED PARTNERSHIP F -
ATTN:ROBERT J MILLER J GEDDES PARSONS {= c '300 200 1010 0 300
DAY PITNEY LLP PARSONS CAPITAL MANAGMENT INC
ONE CANTERBURY GREEN 10 WEYBOSSET STREET SUITE 106
STAMFORD,Cr 06901 PROVIDENCE,RI 02903
PROJECT: PIER REGON5TRUGTION
REVISED 417-13 T.O.S. LOCAMON: FISHERS ISLAND- TOWN of SOUTHOLD
bF N E!N PROJECT DESCRIPTION SUFFOLK COUNTY,NEW YORK
i7 y0' REVISED 6-2013 T.O.S. WATERWAY: FISHERS ISLAND SOUND
i� y DATE NOVEMBER 26,2012 D U C IC O
vD PROJECT DESGRIPTION AppUCANT. DAVID HARRINGTON e
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A X68692 Keith B.Neilson,PE 0 R 0 A
Mystic,Cr 06355
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REVISED 4-4-13 NY DEC LOGATION: FISHERS ISLAND- TOWN of SOUTHOLD
QF N TOP of BANK GAL.LOUT SUFFOLK COUNTY,NEW YORK
Q�O�KEI J' WATERWAY: F15HER5 ISLAND SOUND
DATE NOVEMBER 26,292 D O C IC 0 ,
v � APPLIGANT DAVID HARRINGTON
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Keith B.Neilson,PE 0 R P 0 �, �►�
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LINE(AHWL)EL=3.3
l
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1 UNE(MHW)EL=25'
s 1p �
APPARENT LOW WATER ` I
I UNE(ALWL)EL=Q. I APPROXIMATE
LIMIT OF
1 1 TIDAL
/ EXISTING PILE TO BE REMOVED(TYP) WEn.ANDS
NEW BATTER BRACED I ROCKY BEACH(TYP)
1
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g I ` TOP OF BANK I '
145 - I BOULDER(fYP) I I I f
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NEW PILE SUPPORTED PIER 16�CLF I
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30 BOULDER RELOCATED STAIRS I W.h NEW OPEN
I
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RATE DECK LOCATED 1018-20712 I (1 � k � � I
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PILES TO BE 12-IN CLASS
2)ALL ALL
N/F PROPERTY
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F,.- Yr..,4•A u
GRAPHICSC.ALE 1'=30'
30 20 10 0 30 PRojEGT: PIER RECONSTRUCTION
REVISED 4-4-13 NY DEC LOCATION: F95HERIILAND- TOWN of COUNTY,NEW YORK UTHOLD
TOP of BANK GALLOUT SUFFOLK
WATERWAY: FI5HERS ISLAND SOUND
KED j' REVISED 4-17-13 T.O.S. DATE NOVEMBER 26,2012 a U 0 C K 0
PIER LENGTH APPLICANT DAVID HARRINGTON
REVISED 6-20-1.3 T.05. • _ °
2 p OPEN GRATE DECKING AGENT: SHEET 3 OF 4
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REVISED 71713 T.O.S. DOG ICO, INC.
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NEW BAT7ER BRACED 779-OFF
PILE 70P EL 771r-T(rYP)
7-Fr
DECK I-- NEW 5-pr WOE=PER with
WIDTH -OPEN GRATE DECKING
ENP DECK EL 64-T
I IVEW aATTFR BRACED
SUPPORT PILE TOP EL 4:tFT— 1
ABOVE DECK(rM �.�NFW SPLIT CLAMP and
CR053 BRACE(TM I
AHWUFM-
—mHw—
i-'4
1A
Bcrrom SEDMEWS:
ROCK and SAN[)
r"a "k x
NOTES:
1)t5rickING-NOT CCA TREATED,HARDWOODS GRAPHIC SCALE: V=30'
MUST BE CERTFIED By FOREST STEWARD-SHIP
COUNCIL 30 20 10 0 30
2)ALL PILES TO BE 12-IN CLASS-13
NEW 5-F-TX 4-FT
NEW BATTER BRACED T7E-OFF NEW 5-Fr WIDE PIER with OPEN GRATE STAIR LANDING
PILE-TOP EL 17±FT MIP) DECKING BEGINNINGDECK EL& RAMP
END DECK EL NEW RAILS
TO(rrP) 36 REBUILT
MAXIMUM SLOPE 10:1
,F-T,
otr-T-
A+Xh-rrL
TE
MHW 25 s7AR5 To BEACH
ROCKS CrYP)
B -rom SEDIMENTS NEW BATTER BRACED SUPPORT PILE-
OTT TOM
TOP EL 4.tFr Aac\,E DECK
'NEW DER(Typ). GRAVEL SAND
F�FzO FI LE
GRAPHIC;SGAI-E 1 30'
30 20 10 0 30
pROjECT PIER RECONSTRUCTION
REVISED 4-17-13 T.O.S. LOCATION: FISHERS ISLAND- TOWN of SOUTHOLD
PIER LENGTH SUFFOLK COUNTY,NEW YORK
N REVISED 0-2013 T.O.S. WATERWAY: FISHERS ISLAND BOUND C x 0
[DATE—:- NOVEMBER25,2012 •
Y,LP�pN ,E1 OPEN GRATE DECKINGDATE:
DAVID HARRINGTON
CIO
ccAGENT- SHEET 4 OF 4
wC)OGKO, INC.
Keith B.Neilson,PE C 0
Mystic,CT 06355
Oa 06,969V 860 372 8939 FAX 860 572 7569 DWG 12-07-2422
EMAIL per-rnits@docko.com
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