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Home My WebLink AboutDenial by Trustees i John M.Bredemeyer III,President Town Hall Annex ` Michael J.Domino,Vice-President 54376 Route 25 P.O.Box 1179 Glenn GoldsmithSouthold,New York 11971 A.Nicholas Krupski p > '�a :'; Telephone(631)765-1892 Charles J.Sanders Fax(631)765-6641 BOARD OF TOWN TRUSTEES ES TOWN OF SOUTHOLD September 21, 2016 -f Keith B. Neilson, P.E. Docko, Inc. P.O. Box 421 Mystic, CT 06355 RE: HARRINGTON FAMILY LIMITED PARTNERSHIP, c/o DAVID HARRINd"fON P IVAT'E ROA® ON CLAY POINT ROAD, FISHERS ISLAND ; SCTM# 100941-12.2 Dear Mr. Neilson: t The Board of Town Trustees took the following action during its regular meeting held on Wednesday, September 21, 2016 regarding the above matter: WHEREAS, Docko, Inc. on behalf of HARRINGTON FAMILY LIMITED PARTNERSHIP, c/o DAVID HARRINGTON applied to the Southold Town Trustees for a permit under the provisions of Chapter 111 Coastal Erosion Hazard Areas of the Town Code of the Town of Southold, application dated July 20, 2016, 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 recommended that the proposed application be found Inconsistent with the LWRP, and specifically Inconsistent with the following coastal policies pursuant to Chapter 111 Coastal Erosion Hazard Areas of the Town Code: Policy 4.1-minimize Josses of human life and structures from flooding and erosion hazards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 17, 2016 and again on September 21, 2016, 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, i 2 WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure, as applied for is located in a nearshore area as per the Definitions in Chapter 111 Coastal Erosion Hazard Areas of the-Town Code and governed by Section 111-11 {C}-All development is prohibited in nearshore areas unless specifically provided for in Chapter 111; and Section 111-6 Definitions: Unregulated Activity_ — Excepted activities which are not regulated by this chapter include, but are not limited to, elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purpose of ' providing noncommercial access to the beach; docks,piers, wharves or structures built on floats, columns, open timber piles or other similar openwork supports with,5a top suribce area:of l6 `.thdn X00'sgaiare'feet dr whjIgh are're oved-In-flee, fail Ofeecla,,year; normal beach groorning or cleanup,-maintenance of:sfrueturei Whop normal and customary and/or in compliance with an approved maintenance program; setup and maintenance of temporarywildlife protective structures,planting vegetation and sand'fencing so as to stabilize or entrap sand in,primary dune.and secondary,dune g areas in order to maintain or increase the height and width of dunes,routine agricultural operations, including cultivation or harvesting, and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subdivision (12), of the Soil and,Water.Consetvation'Districts Law,provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or-placement of a structure, and, i F NOW THEREFORE BE IT, ' RESOLVED, for the foregoing reasons, and because the proposed action is located entirely within the Coastal Erosion Hazard Area and in a nearshorearea, and because the proposed action is not permitted in such areas pursuant to Chapter 111 of the-Town Code, that the Trustees deem the proposal-to reconstruct remains of dock structure with a 5 foot wide by+/-138 linear foot long,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' wide stairs to beach to be off of new 5'x4'fixed landing; and reconstruct an existing 3.5'wide;by 34' linear foot long wood access ramp landward of the apparent high water line,to be impermissible under Chapter 111, and, BE IT FURTHER, RESOLVED, that for the foregoing reasons, the Board of Trustees DENIES WITHOUT PREJUDICE the Coastal Erosion Permit application of HARRINGTON FAMILY LIMITED PARTNERSHIP,,'clo DAVID HA RINGTON to reconstruct remains of dock structure with a 5 foot wide by+/-138,linear foot long 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' wide stairs to beach to be off of new 5'x4' fixed landing; and reconstruct an existing 3.5'wide by 34' linear foot long wood access ramp landward of the apparent high water line; and as depicted on the site plan prepared by Docko, Inc., last dated July 17, 2013. 3 This determination should not be-considered a determination made for any other Department or Agency, which may also have an application pending for the same or similar project. -Very:truly yours, 3 _ g John M. Bredemeyer.11l President, Board of Trustees 4 JMB/eac yE Z 3 5 } E L k a c f d 2 4 s Docko Office From: Cantrell, Elizabeth <elizabethc@town.southold.ny.us> Sent: Tuesday,October 04, 201611:23 AM To: Docko Office Subject: RE: Harrington Family Limited Partnership 1000-2-01-12 Fishers Island Attachments: 20161003095530.pdf Cheryl, Attached is the CERA Denial letter for the Harrington Family Limited Partnership application. This is what Keith has been waiting for. The hard copy is being mailed out to you today. Elizabeth From: Docko Office [mailto:Office@docko.com] Sent: Friday, September 30, 2016 3:40 PM To: Cantrell, Elizabeth Subject: RE: Harrington Family Limited Partnership 1000-2-01-12 Fishers Island Thanks Elizabeth...hope you had a nice vacation! Have a great weekend! Cheryl From:Cantrell, Elizabeth [mailto:elizabethc@town.southold.nv.us] Sent: Friday,September 30, 2016 2:46 PM To: Docko Office<Office@docko.com> Subject: RE: Harrington Family Limited Partnership 1000-2-01-12 Fishers Island Hi Cheryl, As I told Keith last Thursday, I was away until Wednesday. I was going to work on it a.s.a.p., but the Town Atty. and John Bredemeyer also have to review it and "sign off' on it. This should be hopefully completed sometime next week. Hope you have a nice weekend as well. Elizabeth From: Docko Office [mailto:OffJce(&docko.coml Sent: Friday, September 30, 2016 2:05 PM To: Cantrell, Elizabeth Subject: FW: Harrington Family Limited Partnership 1000-2-01-12 Fishers Island Importance: High Hi Elizabeth, Has the Harrington Coastal Erosion Permit Denial letter been issued yet? We haven't seen a copy come through. Thanks and have a great weekend! Best, i Cheryl China Docko, Inc. From:Cantrell, Elizabeth fmailto:elizabethc@town.southold.ny.usl Sent:Tuesday,September 20,2016 8:11 AM To: Docko Office<Office@docko.com> Subject: RE: Harrington Family Limited Partnership 1000-2-01-12 Fishers Island Thank you Cindy. From: Docko Office [mailto:Off!ce(Wocko.com] Sent: Monday, September 19, 2016 4:11 PM To: Cantrell, Elizabeth Subject: RE: Harrington Family Limited Partnership 1000-2-01-12 Fishers Island Thank you Elizabeth,we will make sure Keith reads this, so he (we) understand the process. It is a bit confusing. One step at a time. I understand you are coming to Connecticut, have a great trip! Cindy From: Cantrell, Elizabeth [mailto:elizabethc@town.southold.ny.usl Sent: Monday,September 19, 2016 3:32 PM To: Docko Office<Office2docko.com> Subject: RE: Harrington Family Limited Partnership 1000-2-01-12 Fishers Island Keith is welcome to attend our work session, however, it is not advised he come to this work session for the following reasons.... The Transfer request cannot happen until the Coastal Erosion Permit has been issued from our office. This means that Keith must apply for the appeal to the Town Clerk/Town Board under Harrington. If/when approved we type up and issue a Coastal Erosion Permit under Harrington. John Bredemeyer feels they may also need to go out and perform a new inspection for additional structure on this dock. At that time (after your CEHA permit is issued), Keith is to then apply in writing requesting a transfer of the two permits, agent authorization from new owner,and authorization for the Board to go onto property(if necessary)from new owner, $100 fee (50 for wetland, 50 for CEHA permit) is also due. Keith can also apply at the same time for a full amendment to the two permits for what the new owner is looking for. This is a$100 fee (50 for wetland &50 for CEHA permit)to amend. This will also be a full amendment,you will have to notice the neighbors for enlarging a dock. So if the fee's confused you, in order to apply for a Transfer that would be$100, in order to amend a permit that too is$100 for a total of$200 if you apply at the same time. From: Docko Office [mailto:OfPice@docko.com] Sent: Monday, September 19, 2016 2:42 PM To: Cantrell, Elizabeth Subject: Harrington Family Limited Partnership 1000-2-01-12 Fishers Island Good afternoon Elizabeth, The Harrington property was sold approximately 2 weeks ago. I have attached copies of the signed documents,one from the Harrington Family and the other from Mr. and Mrs. Mark Franklin the new owners of the property. Both 2 parties have authorized Docko. Inc.to act as their agent with respect to securing regulatory approvals. Does this information allow us to transition from the Harrington Family Limited Partnership to the Franklins? At some point we will need to do a permit transfer and lastly,the Franklins would like to make modifications to the dock,adding a floating dock to the end of the pier. Would Keith need to be at Wednesday night's meeting to make a presentation. Thanks very much, Best Regards Cindy Bayreuther Docko, Inc. 14 Holmes Street P.O. Box 421 Mystic, CT 06355 Tel: (860)-572-8939 Fax: (860)-572-7569 office@docko.com 3