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Home My WebLink About1000-123.-3-6 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 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: August 16, 2012 Re: Proposed Wetland Permit for BERNARD M. TURCHIANO SCTM#1000-123-3-6 The Board issued a permit (TR-1264) for a 5' x 20' dock in 1977. It is unclear if the current dock configuration complies with the permit (see Figure 1) BERNARD M. TURCHIANO requests an Amendment to Wetland Permit #1264 to extend the fixed dock an additional 30' into deeper water to allow approach and docking of boat to existing floating dock at Iow tide. Located: 445 Bungalow Lane, Mattituck. SCTM# 123-3-6 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 INCONSISTENT with the LWRP and listed policy standards provided below. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions The applicant fails to prove that the action meets the following requirements § 275-11 Construction and operation standards C. 2 (C) [c} of the Southold Town Code: Limit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water. The dock structure will extend into public water and result in a net decrease in public access to/on public underwater lands. The applicant enioys access to public water via an existin.q dock. The dock is consistent with the other dock structures in the vicinity. It is recommended that an alternative moorin,q option in a more appropriate location is considered to accommodate the vessel. .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 ' ~y WRP ONSIS SE N FORM LWRP C )NSISTENCY ~ ESSMEI~ A. INSTRUCTIONS C ~ ~ ' 1. All applicants for permits* including Town of Southold agencies, shall corn~lete 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 minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard.~rea. 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 sJ~ificant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3' 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 explaini~d in detail~ listing both supporting and non- suouortine facts. [fan 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'til-e-~-o~ o-~fitltibld '~-- . website (southoldtown.northfork.net), the Board of Trustees Office, ~h~g:~_~xtment, ,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION Thc Application has been submitted to (check appropriate response): TownBoard [] PlnnningBoard[~ Building Dept. [~] BoardofTrnstees 1. Category of Town of SOuthold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land~[0?,transaction~n~ 0o) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: . ' -- .... Site acreage:. · ~, '] O~C~ ¢~ ._% If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: -'~ ~' Ik&g'c~ ~-~. I I,g~rC~t~C.~ ~3 (b) Mailing address: ~-~.~'-1 ~Ltc~e._.~q ~ · (c) Telephone number: Area Code ( ) ~q,-~), (vq~--~,v ~ell ) , _ \ (d) Application number, if any: tOI ~l' Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [-~ No ~ If yes, which state or federal agency?. C. 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. ~ Yes ~ No ~'~Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Attach additional sheets if necessary 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 N Yes ~ No ~Not APplicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Page/s 8 through 16 for evaluation criteria ~ Yes ~-~ No[~ Not Applicable Attach additional sheets if necessary Policy .5. Protect and improv9 water quality and supply in the Town of Southold. See LWRP Section HI - Policies Pages 16 throu~l for evaluation criteria ~ Yes [-~ No[---)/tY2Not Applicable Attach additional sheets if necessary 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 HI - Policies; Pages 22 through 32 for evaluatio~criteria. / Yes No' ' ~ot Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section HI - Policies Pages 32 through 34 for evalualion criteria. [--] Yes ~ No [--~ot Applicable Attach additional sheets if necessary 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 evalualion criteria. [~ Yes ~ No~l 'l Not Applicable 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 IH ' Policies; Pages 38 through 46 for evaluation criteria. ~No [~ Ye? No tAoplicable Attach additional sheets if necessary WORKING,COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See~WRP Section III- Policies; Pages 47 through 56 for evaluation criteria. ~ Yes ~ No~l ~'l Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonie Estuary and Town waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. [-'] Yes ~ No [~Not Applicable ~ At~ach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 thr°ugh 65 f°r~°n c~iteria'I-~ ~ ~ ~ Yes t~ Nol ~ Not Apphcable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; P~ages 65 through 68 for evaluation criteria. N Yes ~-~ No~lWl Not Applicable" !I / 1000-123.00-03.00-006.000 PAUL T.CANALIZO. SURVEYOR HAMPTON BAYS. NEW YORK 348.50' ~°'W. BUNGALOW LANE .// TEST BORING SANDY LOAM 8t GRAVEL SAND 8t TRACE OF GRAVEL NO WATER SURVEY FOR BERIVA RD M. TURCHIA NO AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SCALE ~ I"= 40' JULY 13, 1976 JAN, 4, 19 77 REFERENCE gUARANTEED TO ' E¥OR N.'( $. LIC. NO. ~87~5 RIVERHEADm N.Y. .t48.50' )"W. BUNGALOW HOL ~ /sX. TLS T BORI NO SANDY LOAM ~ GRAVEL SA ND ~ TRACE OF GRAVEL I?' NO WA TEl? Io0.O0' LANE All di,Jance= lo wulk and ce,~tpo:~l~ are by locr, lL:n from houso ownms and field SURVEY FOR BEI'?NA RD M. TURCHIA NO AT MATT/TUCK TOWN OF SOUTHOLD .~UFFOLK COUNTY, N.Y. SCALE: I"= glO' dULY I..,;, IgTG dA IV. 4, 19 77 REFERENCE, 6UARANTEED