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Home My WebLink AboutTR-7943 James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 $outhold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 13, 2012 William Giacone Cindy C. Nance 113~0 Little Peconic Bay Road Cutchogue, NY 11935 RE: 1130 LITTLE PECONIC BAY ROAD, CUTCHOGUE SCTM# 111-14-17 Dear Mr. Giacone & Ms. Nance: The Southold Town Board of Trustees reviewed your application dated December 13, 2012 and APPROVES the request for a Transfer of Wetland Permit #7943 from McFarland Living Trust to William Giacone and Cindy C. Nance, as issued on November 14, 2012. If you have any questions, please contact our office at (631) 765-1892. Sincerely, James F. King President, Board of Trustees JFK:amn Y M ^ P /ED BY TRUSTEES Purpose: Legalization of Existing Dock Oatum: MLLW SC'TM Number: 1000-111-14-17 Full Site View 0 30 Scale: '1'=30' Client: McFarhand Location of ProjecL: , .~ . - ,~... ~. ~ ~ ~f . . . .~.~ · ~ · · ~ . ~ : · .. . .' : ~. · ~ ~ · ~'~... ~: :, ~ '. ~ ~ ' L~ , - . · .~- , .. ,,~ ' :~ . ' ~ . · x · ~ ...~. ~ ,.Z~t*~., ~ . ... Pur~: L~lization of Existing D~k De~iJed View NameofP~j~: Oatum; ~LLW ~ I I L~tion of Proje~: 3.5' X 12.5' fixed catwalk 5'X 18' fixed dock 8" dia. pilings WETLANDS +1 .O6 LINE HW -0.8 LW -4.2 Pond Bottom Purpose: Legalization of Existing Dock Datum: MLLW SCTM Number: 1000-111-14-17 Profile View 0 $ 10 Scale: 1'=5' Location of Project: -- 1 8' X 5' fixed dock 3.5'X 12.5'...._ fixed catwalk /-8"dia. pilings I / F'6'' dia' I I pilingsI ;' , , ~ ~"~ ?///~' ! ~ ~ ~ ~/~,,~-J ,-3.5 Pond Bottom :!i ........... L~..~..~ .......... 4---i-----~ ...... '~"i ..... ~-I ..................................... -4.2 Pond Bottom Purpose: Legalization of Existing Dock Cross Section View Name of I I J Location of Project: Datum: MLLW SCTM Number: 1000-111-14-17 Sca[e: 1J*zS~ In:Wunneweta Pond, NassauPoinLCutch~ue N Survey of Lot Cf 237 Filed Map of "Nassau Point" SCT# 1000-111-14-17 Surveyed: 10-19-12 Town: Southold Suffolk County New York I 1" = 20' I 14.'/' [::mt'ne ~,.~o~tse 21.2' Lo~ Lo~ ROBERT H. FOX NYS PLS# 50197 Box # 366 Aquebogue NY 11931 5oundlng5 5ho~qn refer bo MLLbl OCT ? 2 2012 N Survey of Lot Cf 237 Filed Map of "Nassau Point" SCT# 1000-111-14-17 Surveyed: 10-19-12 Town: Southold Suffolk County New York I 1" =20' I 14.'1' -om6 ~ Lo~ ;,3 ROBERT H. FOX NYS PLS# 50197 Box # 366 ue NY 11931 James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Brodemeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE __ Pre-construction, hay bale line __ 1st day of construction ½ constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7943 DATE: NOVEMBER 14~ 2012 ISSUED TO: MCFARLAND LIVING TRUST PROPERTY ADDRESS: 1130 LITTLE PECONIC BAY ROAD~ CUTCHOGUE SCTM# 111-14-17 AUTHORIZATION Pumuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on November 14, 2012, and in consideration of application fee in the sum of $250.00 paid by James F. McFafland and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit for the existing dock consisting of stairs 4'x9'; to a 3.5'x12.5' fixed catwalk; to a 5'x20' fixed dock in an "L" configuration; the dock is supported by various pilings ranging in sizes of 6",8", and 9" diameter; with the condition that Thru- Flow decking over intertidal marsh zone is to be used if future replacement needed, and as depicted on the site plan prepared by Inter-Science Research Associates, Inc., last dated October 22, 2012, and stamped approved on November 14, 2012. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee McFartand Living Trust, residing at 1130 Little Peconic Bay Road, Cutcholeue, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town HallAnnex 54375MainRoad P.O. Box 1179 Southold, NewYork 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 November 14, 2012 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Lisa Poyer Inter-Science Research Associates, Inc. 36 Nugent Street Southampton, NY 11968 RE: MCFARLAND LIVING TRUST 1130 LITTLE PECONIC BAY ROAD, CUTCHOGUE SCTM# 111-14-17 Dear Ms. Poyer: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, November 14, 2012 regarding the above matter: WHEREAS, Inter-Science Research Associates, Inc. on behalf of MCFARLAND LIVING TRUST applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated October 22, 2012, 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, WHEREAS, the Board Of Trustees has furthered Policies 6, 6.3, & 9.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the use of Thru-Flow decking over intertidal marsh zone if future replacement needed; and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on November 14, 2012, 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, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of MCFARLAND LIVING TRUST for the existing dock consisting of stairs 4'x9'; to a 3.5'x12.5' fixed catwalk; to a 5'x20' fixed dock in an "L" configuration; the dock is supported by various pilings ranging in sizes of 6",8", and 9" diameter; with the condition that Thru-Flow decking over intertidal marsh zone is to be used if future replacement needed, and as depicted on the site plan prepared by Inter-Science Research Associates, Inc., last dated October 22, 2012, and stamped approved on November 14, 2012. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 414.50 Very truly yours, James F. King President, Board of Trustees JFK/amn James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Route 25, P.O. Box 1179 Southold, lqY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD tolzzhz. , has been Please be advised that your application dated reviewed by this Board at the regular meeting of ~ ~.!1//17-/12_ and your application has been approved pending the complet'kJn 6f/the following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) __ '~ Constructed ($50.00) Final Inspection Fee ($50.00) · Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or m-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ ~1~, 50 BY: James F. King, President Board of Trustees Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (63 l) 765-6641 Conservation Advisory Council Town of Southold The meeting of the Southold Town Conservation Advisory Council scheduled for Wed., November 7, 2012 at Down's Farm Preserve was cancelled due to damage to residential areas as well as power outages caused by Hurricane Sandy and a Nor'easter on the day of the meeting. Several of the Conservation Advisory Council members conducted their inspections and provided the following recommendations/comments: PATRICK JAMES PETER McFARLAND AND VIRGINIA COUGHLIN ESTATE to legalize the existing dock consisting of 4'X 9' stairs, 3.5'X 12.5' fixed catwalk and a 5'X 20' fixed dock in an "L" configuration, and supported by various pilings ranging in sizes of 6", 8" and 9" dia. Located: 1130 Little Peconic Bay Rd., Cutchogue. SCTM#111-14-17 The CAC did not make an inspection, therefore no recommendation was made. · I NOV 13 2012 James F. King. President Bob Ghosio. Jr, Vice-President Dave Bergen .Iohn Bredemeyer Michael J. Domino P.O Box 1179 Southold, NY 11971 Telephone(631 765-1892 Fax(631)765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: Inter-Science Research Associates, Inc. on behalf of McFARLAND LIVING TRUST requests a Wetland Permit for the existing dock consisting of stairs 4'x9'; to a 3.3'x12.5' fixed catwalk; to a 5'x20' fixed dock in an "L" configuration; the dock is supported by various pilings ranging in sizes of 6", 8" and 9" diameter. Located: 1130 Little Peconic Bay Road, Cutchogue. SCTM# 111-14-17 ~.pce of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland P~cOf Town Code proposed work falls under: hapt.275 Chapt. 111 other Type of Application: -/"/Wetland __Coastal Erosion Administrative__Emergency Pre-Submission __ Amendment Violation Info needed: Modifications: Conditions: Prese~j~t Were: ~J. King ~B.-Ghosio __ '"-J. Bredemeyer Michael Domino Form filted out in the field by j, j~/~ ~,,~ "~ D. Bergen, D. Dzenkowski other Mailed/Faxed to: Date: McFafland Dock SCTM No. 1000-111-14~17 Photo 1: Subject Dock Photo 2: Subject Dock INTER- - IENCE McFadand Dock SCTM No. 1000-111-14-17 Photo 3: Subject Dock Dock [NTE~CIENCE McFarland Dock SCTM No. 1000-111-14-17 Photo 5: Subject Dock Photo ~: s.~,i~ct Dock INTERL~CIENCE McFar~and Dock SCTM No. 1000-111-14-17 Photo 7: Neighboring Property Photo 8: Neighboring Property INTER CIENCE McFarland Dock SCTM No. 1000-111-14-17 Photo 9: Across the creek Photo lO: Across the creek ]NTER 2IENCE 111 James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Telephone (631) 765-1892 Fax (631) 765-6641 ,. t!' DEC 13 2012 APPLICATION FOR A TRANSFER OF A WETLAND PERMIT DATE ,~'~ OWNER ADDRESS AGENT PHONE PHONE ADDRESS PROPERTY LOCATION TAX MAP NO. I ) / Signed By: OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 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 NOV 1 4 2012 Date: November 14, 2012 Re: Proposed Wetland Permit for McFARLAND LIVING TRUST SCTM# 1000-111-14-17 Inter-Science Research Associates, Inc. on behalf of McFARLAND LIVING TRUST requests a Wetland Permit for the existing dock consisting of stairs 4'x9'; to a 3.3'x12.5' fixed catwalk; to a 5'x20' fixed dock in an "L" configuration; the dock is supported by various pilings ranging in sizes of 6", 8" and 9" diameter. Located: 1130 Little Peconic Bay Road, Cutchogue. SCTM# 111-14-17 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 tigal and freshwater wetlands. 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 The applicant fails to prove that the action meets the following requirements § 275-11 Construction and operation standards of the Southold Town Code: (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; Within creeks and other narrow waterways, no dock length shall exceed 1/3 the total width of the water body. Determination of the length of the dock must include the dimensions of the vessel. The applicant has not proved that the action meets the 1/3 rule. 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. A. 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 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 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 INTER CIENCE RESEARCH ASSOCIATES, INC. ENVIRONI~ENTAL PLANNING & DEVELOPPIENT CONSULTANTS RICHARD ERIK WARREN AICp October 23, 2012 -VIA Regular Mail and Facsimile- James F. King, President Town of Southold, Trustee Office PO Box 1179 Southold, NY 11971 (631) 765-6641 OCT 2 4 2012 Legalization of Dock Application: McFarland Proper~ 1130 Little Peconic Bay Road, Cutehogue SCTM No. 1000-111-14-17 Dear Mr. King: Please find three copies of the revised dock plans as prepared by Inter-Science and one original and two copies of the revised description pages for the wetland application including the general data page, short EAF, Storm-water page and the LWRP first page. If you require additional materials or have further questions regarding the project in general, do not hesitate to contact this office. Thank you. LP:Ip enclosures L:\McFarland\townTRANFAXrevisedplans 10232012 wpd Environmental Planner POST OFFICE BOX 1201 · 36 NUGENT STREET · SOUTHAP1PTON, NEW YORK 1196%1201 · 631-283-5958 · FAX: 631-283 5974 James F. YAng, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1.179 Southold, NewYork 11971-0959 Telephone (631) 7§5-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application ~?'-Wetland Permit Application ~ __Ame nd ment/Trans~felr!Exte}as ion Received Application:~7~ ~Keceived Fee:$ 2,~, Db ,~ ~ &~_Completed Application ___Incomplete SEQRA Classification: Type I Type 1I Unlisted _ Coordination:(date sent)_ LWRP Consistency Assc~smen.t Form I ~) CAC Referral Sent: I ~ ] 7~&fi 7~ ~Date of Inspection: I Receipt of CAC Report: __Lead Agency Determination: Technical Review: ~Public Hearing Held: Resolution: Administrative Permit OCT 2 2 2012 .. Patrick James Peter McFarland and Virginia Coughlin Estate Narne of Applicant Patrick McFarland. Executor of the Estate Mailing Addrcss 60 Great Pond Way, Southold, NY 11971 Phone Number:( 63.1 ) 765-3658 Suffolk County Tax Map Number: 1000 - 111 - 14-17 Property Location: 1130 Little Peconic Bay Road, Cutchogue LIL7, D5SP0535, 03MOSE (provide LILCO Pole #, distance to cross streets, and location) AGENT: Inter-Science Research Associates, Inc. (Lisa Poyer) (If applicable) Address: 36 Nugent Street, Southampton, NY 11968 Phone: (631) 283-5958 Board of Trustees Application GENERAL DATA Land Area (in square feet):. 12,632 sq. fi. Area Zoning:. R-40 Previous use of property:. Single Family Residence Intended use of property:. Single Family Residence Covenants and Restrictions on property? __ If"Yes", please provide a copy. Yes t/ No Will this project require a Building Permit as per Town Code? Yes ~' No If"Yes", be advised this application will be reviewed by the Building Dept. prior to a Board of Trustee review and Elevation Plans will be required. Does this project require a variance from the Zoning Board of Appeals? __ If"Yes", please provide copy of decision. Yes ~ No WillthisprQ~trequireanydemolition as p~ TownCodeorasdeterminedbytheBuildingDept.? Yes ~ No Does the structure (s) on property have a valid Certificate of Occupancy?. t/ Yes No Prior permits/approvals for site improvements: Agency Town of Southold Building Dept. Pre-Existing C of O for the residence Addition to the Residence Addition to the Residence Date z-7705 June 7, 1977 z-12285 February 22, 1984 Z-21166 November 19, 1992 __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency?. If yes, provide explanation: N/A t/ No Yes Project Description (use attachments if necessary): Legalization of the existing dock on the property which was constructed in the 1950~s. The - dock consists of stairs 4' x 9'; to a 3.5' x 12.5' fixed catwalk; to a 5' x 20' fixed dock in a "L" configuration. The dock is supported by various pilings ranging in sizes of 6", 8" and 9" diameter. of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Legalization of the existing dock on the property which was constructed in the 1950's. Area of wetlands on lot: -570 sq. ft. square feet Percent coverage of lot: -16 Closest distance between nearest existing structure and upland edge of wetlands: -50' feet Closest distance between nearest proposed structure and upland edge of wetlands: existing dock feet Does the project involve excavation or filling? ~' No Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: N/A feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): N/A. Legalization of the existing dock on the property which was constructed in the 1950's. PROJECT ID NUMBER 617.20 SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART '1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 1. APPLICANT ] SPONSOR 2. PROJECT NAME Patrick McFarland McFarland Estate - Legalization of the existing dock. 3.PROJECT LOCATION: Municipality Southold Town County Suffo k Count~ 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent bmdmarks otc -or provide map 1130 Little Peconic Bay Road, Cutchogue SCTM No. 1000-111-14-17 IS PROPOSED ACTION:~[-'-] New~[---I ExpansionL--J[---] Modification / alteration N/A Legalization of existing dock. 6. DESCRIBE PROJECT BRIEFLY: Legalization of the existing dock on the property which was constructed in the 1950's. The dock consists of stairs 4' x 9'; to a 3.5' x 12.5' fixed catwalk; to a 5' x 20' fixed dock in a "L" configuration. The dock is supported by various pilings ranging in sizes of 6", 8" and 9" diameter. 7. AMOUNT OF LAND AFFECTED: Initially 0.29 acres Ultimately 0.29 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [-~-'IYes [] NO If no. describebrfefly: N/A 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [~-']Residentia, [~,nclus~al E~commercial [~]Agriculture ~]Park/Forest/OpenSpace E~]Other(describe} 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal. State or Local) I-~Yes []No If yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I-~Yes ~-'lNo If yes. list agency name and permit I approval: 42. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name Inter-Science Research Associates, Inc. (Lisa Poyer) Date: $ig~atur~ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT {To be completed by Lead A~lency) A. OOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR. PART 617.47 If yes. coordinate the review process and use the FULL EAF. B. WILL J. CTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.67 If No, a negafive dectamfiun may be supemeded by anothe~ involved agency. C. COULD ACTION RESULT tN ANY ADVERSE EFFECTS ASSOCIATED W1TH THE FOLLOWING: (Answers may be hsodvatifen, if legible) C1. Existing air quality, surface or groundwater quality m- quantity, noise levels, existing traffic pattern, solid waste production or disposal potential for emsiun, drainage or ficodthg problems? Explain briefly: C2. Aesthetic, ag~cullural, amimeological, historic, or other natural or cultural resources: or community or neighborhood characts~ Explain briefly: I C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, o~ threatened or endangered species? Explain briefly: I C4. A community's existing plans o~ goals as off. ally adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly: I C6. Long term, shod term, cumulative, or other effecte not identified in C1-C57 Explain bdefiy: D. V~qLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEAt? lif yes, explain briefly: I--l es 171N°I E. IS THERE, OR IS THERE LIKELY TO BE~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes ex~lale: r-i IZ]NoI PART III - DETERMINATION OF SIGNIFICANCE (I'o be complets¢l by Agency) INSTRUCTIONS: F~rea~hadvereeeffec~identifiedab~ve~determinewhetheritissubstan~a~arge~imp~r~ant~r~therwisesignE~canL Each effect should be assessed in connection with its (a) seffing (i.e. urban or mt'al); (b) probability of occurring; (c) duration; (d) irmvereibllity; (e) geographic scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If quenfion d of part ii was checked yes, the determinatio n of significance must evaluate the potsn rial impact of the pmpused action on the environmental characteHstice of the CEA. Check ads box If you have ldentheied one or mare pe~entiafiy large or significant adverse impacts wl~ch MAY occur. Then procaed directly fe the FULl FAF end/or peepare a positive dedarafiun. Check ~ box If you have determined, based on the Information and analysis above and any supporting docamentsllon, that the proposed acfior WILL NOT resuit in any significant adverse environmental impacts AND provide, on attachments as necessary, the masons suppodJng thi.¢ delermthatlen. Board of Trustees jj Name of Lead Agency Pdnt or Type Name of Responsible Officer in Lead Agency Sig~dture of Responsible Officer in Lea~l.,~'gency ! President Title of Responsible Officer Signature of Preparer (If different from responsible officer) Town of Southold Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PROPERTY L[~ATION: S.C.T.M. #: THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A 1000 l 1 ] 14 l ? STORM-WATEI~ GRADING~ DRAINAGE AND EROSION CONTROL PLAN DIstrict Section BIo~d; L~t CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK. $COPF,, OF WORK - PROPOSED CONSTRUCTION ITEM# / WORKASSESSMENT [ Yc~ No a. What is the Total Ama of the project Parcels? I Will this Project Retain All Storm-Water Run-Off (include Total Area of all Parcels located within 0.29 A Generated by a Two (2") Inch Rainfall on Site? the Scope of Work for Proposed Constructkm) ~ (This item will include all run-off cmatsd by site N/A b. What is the Total Ama of Land Clearing (S,F. / Ac~s) clearing and/or constrdcden ac§vi§es as well as all and/or Ground Dlstufoance for the proposed 0 Site Improvements and the permanent creation of constmctten activity? imporvlmas sudaces.) (S.F~,,~) 2 Does the Site Plan andter Survey Show All Proposed PROVIDE BRIEF PROJEC'r DESCRH~ION (prevldeAddl~OoalPage~aeN~l) DrainageStmctumslndicatingSize&Locaflon?This N/A Item shall include all Proposed Grade Changes and Legalization of the existing dock on the property which Slopes C0nt~olling Surface Water Flow. was constructed in the 1950's. The dock consists of stairs 3 Does the Site Plan and/or Survey describe lhe erosion 4' x 9'; to a 3.5' x 12.5' fixed catwalk; to a 5' x 20' fixed and sediment control pmctioss that will be used to N /^ dock in a "L" configuration. The dock is supported by control site erosion and stem watar discharges. This various pilings ranging in sizes of 6", 8" and 9" diameter, item must be maintained throughout the Entire STATE OFNEWYORK, ,.-- r'~ -- COUNTY OF ~...¢~....o..t,?..~.. ..................... ss Lisa Poyer / Inter-Science That I, ............................................... oe~ng amy sworn, aeposes ann says that he/she is thc applicant for Permit, And that he/she is the ..A.~e..n.t...f.o.r..t.h.~..A.?.?..a.n.[ ........................................................................................................................... Owner and/or repmsenhative of the Owner or Owners, and is duly authorized to perform or have peffomaed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application fried herewith. Sworn to befoj:e me thi_':~ ~ A ................ ,,,. Notary Pu blic'~ ~ .~,~_ J_3.~.~[~,~.. FORM - ~/~0 No. 01DE6177934 Qualified In Suffolk County Commission Expires November 19, 20 ~..? James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (63 I) 765~ 1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of MeFARLAND LIVING TRUST COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING , resldtng at/dba..~h ye_r- -~C~¢~C~ being duly sworn, depose and say: That on the~} day of OC~°r&~:~zr ,2~lZ~ I personally posted the property known as by placing the Boar~of Trustees officml poster where it can easdy be seen, a~nd that I have checked to be sure the poster has remained in place for eight days prior to the date of the public heating. Date of hearing noted thereon to be held Wednesda,y~ November 14~ 2012. Dated: Swom to before me this day of Nol~y4P'ublic - (~nature) ~ ANNE't 'rE M. DEERR Notary Public, State of New York No. 01 DE6177934 Qualified In Suffolk County ~, Commission Expires November 19, 20 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address: ~otoO L,R4~ e STATE OF NEW YORK COUNTY OF SUFFOLK ~ ~q~ , being duly sworn, deposes and says that on the day of ~¢~ ~ 20 ~ ~, deponent mail~ a tree ~py of ~e Notice set fo~ in the Board of T~tees Application, direct~ to each of the above n~ed p~sons at ~e addresses set opposite thee respective nmes; ~at ~e addresses set op~site ~e nmes of s~d persons ~e ~e address of s~d persons ~ shown on the c~ent assessment roll of ~e Town of Southold; that said Notices were mail~ at ~e United States Post Office at S~~ _, ~at said Notices w~e m~led to each of said p~sons by CERTIFIED MAIL~ETU~ ~CEI~. IM Sworn to_ fore ethis '- Day of-Ylt~o,a~:.., 2o ! ;k ~// Notary Public kNNETTfi M. OE.E .RR Not~/Public, State ot New -- ~n ~1DE6177~4 Comml~ion ~lr~ Novem~u , 36 NUGENT STREET l (ExtreFee)["-[Yes J CERTIFIED SOUTHAMPTON NY 11968 , .~.2. Article Number 7196 9006 1820 0001 2435 ~ 7196 9006 1820 0001 2435 1. Article Addressed To: EOCCO & EILEEN RESCINITI 5 MARYLAND ST. DIX HILLS NY 11746 IN'rER-~ ~RCH ASSOC., 36 N~G£~? ~TREET -'~ SOUTHamPTON NY 11968 C.;~ate of Delivery D.Addresseers Address INCt4, Restricted Delivery? 3. Sen4oe Type I (Extra Fee) [] Yes I CERTIFIED 7196 9006 1820 0001 2428 t. A~ticle Addressed To: PROFETA ROBERT FAMILY TRUST 1060 LITTLE PECONIC BAY RD- P-O. BOX 1255 CUTCHOGUE NY 11935 RECEIPT 7196 9006 1820 0001 2435 FROM: Inter Science Research Assoc RE McFarla~d SEND TO: ROCCO & Eileen Resciniti 5 Maryland St FEES: Certified Fee~ 296 ! Ret.rn Receipt Restricted TOTAL $ 5.75 POSTMARK E~t DATE RECEIPT 7196 9006 1820 0001 2428 FROM: Inter-Science Research Assoc RE: MnFadand SEND TO: Profeta Robert Family Trust t 1060 Little Peconic Bay Rd P 0 Box 1255 Cutchogue NY 11935 FEES: Retum Receipt ]~, TOTAL $ 5.75 POSTMARK OR'DATE NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: YOU ARE HEREBY GIVEN NOTICE: SCTM# IC ¢Z.P-/II- IcC-IT 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: L~, o,\~ 2. That the propeN~which is the s~ject o~nvironMental Review is located adjacent to your propeNy and is described as follows: 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE:,/~/OI]. ~/"'/! ~-O[,'~-.. ~ ~:OO~/v~ You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. PROPERTY OWNERS. NAME: MAILING ADDRESS: (~O PHONE ~: ~1~ ~S- AGENT: "~.rCror-~.~c(e.f'¢~., LL.,(~::~ P,.,,~..r-% MAILING ADDRESS: ~ PHONE #: ('~/¢,~t') 2.,~.~ - Enc: Copy of sketch or plan showing proposal for your convenience. 5oundin95 5hoHn Survey of Lot Cf 237 Filed Map of "Nassau Point" SCT# 1000-111-14 17 Surveyed: 10-19-12 Town: Southold Suffolk County New York 1"=20' ROBERT H. FOX NYS PLS# 50197 Box # 366 Aquebogue NY 11931 Lot, ~oUSe # 1130 21.2' County of Suffolk State of New York Patrick James Peter McFarland and Virginia Coughlin Estate Palxick McFarland, Executor of the Estate BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature of Property Owner SWORN TO BEFORE ME THIS /~ ~ DAY OF ~~ ,20 -4p of Trustees Application AUTHORIZATION (where the applicant is not the owner) Patrick James Peter McFarland and Virginia Coughlin Estate Patrick McFarland, Executor of the Estate residing at 60 Great Pond Waw Southold, NY 11971 (print owner of property) (mailing address) Inter-Science Research Associates, Inc. do hereby authorize Lisa Pover (Agent) []to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) APPLICANT/AGENT/R ~.PRESE~A~ TRANSACTIONAL DISCLOSURE FORM The Town of Souil~,Id's Code of Egdcs omhibits cooflic~s of inte~'t on the nert of town 6m~ and emoinvees. The nusnone of this form is to m'ovide ;~g.~i~,~.ion which can ale~ ~ town of on~sible conflicts ofinten~st and allow it to ~ ~ action to id Patrick James Peter McFarland and Virginia Coughlin Estate YOUR NAME: Patrick McFarland. Executor of the Estate [] (Last name, fii~ name, ~iddlc initinl, ooluss y6u a~c applying ~ thc name of aom~one cise or other entity, ~uch as a company. If so, indica~.thC other potion's or company's name.) NAME OF APPLICATION: (Cheek all that apply.) Tax gti~vanee Building Variance Tms~e Change of Zone ~ Erosion Approval of pint Mooring Exemp~on from plat or official mzp Planning Other (lf "Other", name the activity.) Legalization of an existing dock. Do you pet~oanlly (or through your company, sponse~ sibling, paint, or child) have a relationship ~/ith any offiee~ or employee of thc Town 0f Southold? "Relationship" ieclude~ by bin6d, mardnge, or Imslne~s in~a~. -Business int~t'~ means a busine~, including a partnership, in which the town offieer or employee ha~ even a partial owne~tip of (or employment by) a corpora~on in which the town officer or employs, owus mo~ than 5% oftha shares. YES NO ~ · ' Ify6u anawer~"YES", complete the balanc~ of fl,As form and d~t¢ and sign where indicated. Name of person employed by fl~e Town of Southoki N/A Title br posit~on of that person N/A Desedhe the relationship hetw~n yoorseff (the applicanffageat/repr~zentative) and the town 0ffleer or employee. Either check the appropriate line A) through D) and/or desc~be in the space pmgided. The town office~ or employee or his or ~ spouse, sibling, patent, ~ ~hild is (check all'~at apply): A) the owner of greater than 5% of the shares of the co~orat~ ~,ock ofth~applic0a~ (when the applicant is n anrpomtion); __.B) the legal or I~nefidal owns. of any interest hi a non-corporato ~nti~y (~ the applicant is not a corporation); __.C) an officer, di~ctor, pam~r, or employee of'd~ applicant; or __.D) the actual applicant. DESCRIPTION OF KELATIONSHIP 1000-111 Form TSI Submitted thi~ day of ' ,4 200 Print Nnme .~zr~ ~ 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 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 .m'mor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated, as to its si~alficant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 31 If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail~ listing both supporting and non- suol~orfin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shah not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold ' s website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-111 - 14-17 PROJECT NAME McFarland Dock Leealization The Application has been submitted to (check appropriate response): TownBoard [~ PlaaaingBoard[~ BuildingOept. [] Board ofTrnstees Category of Town of Sou/hold agency action (check appropriate' response): (a) Co) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: [] Nature and extent of action: Legalization of the existing dock on the property which was constructed in the 1950%. The dock consists of stairs 4' x 9'; to a 3.5' x 12.5' fixed catwalk; to a 5' x 20' fixed dock in a "L" configuration. The dock is supported by various pilings ranging in sizes of 6", 8" and 9" diameter. Location of action: 1130 Little Peconic Bay Road, Cutchogue Site acreage:. 0.29 Acres Present land use: Sinele Family Residential Present zoning classification: R-40 If an application for the proposed action has been filed with the Tovm of Southold agency, the following information shall be provided: Patrick James Peter McFarland and Virginia Coughlin Estate (a) Name of applicant:.Patrick McFarland, Executor of the Estate 0o) Mailing address: 60 Great Pond Way~ Southold, NY 11971 A~ent: Lisa Pover, Inter-Science Research Associates, Inc., 36 Nu~ent Street~ Southampton, NY 11968 (c) Telephone number: Area Code (63,1) 765-3658 A~ent (631) 283-5958 (d) Application number, if any: None assigned to date. 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? N/A 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 Southold. See ' LWRP Section III ' Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] NotAppilcahle Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section HI - Policies Pages 6 through 7 for evaluation criteria [--] 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 Ill - Policies Pages 8 through 16 for evaluation criteria ~-~ Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section IH - Policies Pages 16 through 21 for evaluation criteria ~ Yes [~ No [] Not Annlicable AOach 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 evaluation criteria. [] Yes~ No ~] Not Applicable Attach additional sheets if necessary Policy 7, Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria, [-~ Yes [] No [-~ Not 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 evaluatio!~ criteria. [] Yes [] No [] 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 HI - Policies; Pages 38 through 46 for evaluation criteria. [] Ye~-'~ No [] Not Applicable 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 LWRP Section HI~- Policies; Pages 47 through 56 for evaluation criteria. Attach additional sheets if necessary Policy 11. Promote sustainable Use of living marine resources in Long Island Sound, the Peconie Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~ No ~ Not Applicable ~ Attach additional sheets if noeessary Policy 12. Protect agrieuituroi lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes ~ No ~-~ Not Applicable Attach additional sheets if nece~saxy Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section IH - policies; Pages 65 through 68 for evaluation criteria. ~ Yes ~ No ~-] Not Aoolicable PREPARED BY Lisa Poyer, Inter-Science TITLE Environmental Planner DATE 10/16/12 FOR ADJO~NING AREA SEE MAP NO30 [71 ,, ® SECTION NO 111 PROPERTY MAP DURABLE GENERAL POWER OF ATTORNEY NEW YORK STATUTORY SHORT FORM THE POWERS YOU GRANT BELOW CONTINUE TO BE EFFECTIVE SHOULD YOU BECOME DISABLED OR INCOMPETENT (CAUTION: THIS IS AN IMPORTANT DOCUMENT. IT GIVES THE PERSON WHOM YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY DURING YOUR LIFETIME, WHICH MAY INCLUDE POWERS TO MORTGAGE, SELL, OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THESE POWERS WILL CONTINUE TO EXIST EVEN AFTER YOU BECOME DISABLED OR INCOMPETENT. THESE POWERS ARE EXPLAINED MORE FULLY IN NEW YORK GENERAL OBLIGATIONS LAW, ARTICLE 5, TITLE 15, SECTIONS 5-1502A THROUGH 5-1503, WHICH EXPRESSLY PERMIT THE USE OF ANY OTHER OR DIFFERENT FORM OF POWER OF ATTORNEY. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTHER HEALTH CARE DECISIONS. YOU MAY EXECUTE A HEALTH CARE PROXY TO DO THIS. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.) THIS is intended to constitute a DURABLE GENERAL POWER OF ATTORNEY pursuant to Article 5, Title 15 of the New York General Obligations Law: I, James F. McFarland, residing at 1130 Little Peconic Bay Road, Cutchogue, NY t 1935, do hereby appoint: (insert your name and address) (If l person is to be appointed agent, insert the name and address of your agent above) Patrick J. McFarland, residing at 60 Great Pond Way, Southold, NY 11971, or Virginia M. Coughlin, residing at 157 Cypress Street, Floral Park, NY 11001 (If2 or more persons are to be appointed agents Ivy you insert their names and addresses above) my attorney(s)-in-fact TO ACT (If more than one agent is designated, CHOOSE ONE of the following two choices by putting your initials in ONE of the blank spaces to the left of your choice:) "[¥}/z i] Each agent may SEPARATELY act. ] All agents must act TOGETHER. (~f neither blank space is initialed, the agents ~vill be required to act TOGETHER) IN MY NAME, PLACE AND STEAD in any way which I myself could do, if I were personally present, with respect to the following matters as each of them is defined in Title 15 of Article 5 of the New York General Obligations Law to the extent that I am permitted by law to act through an agent: (DIRECTIONS: INITIAL IN THE BLANK SPACE TO THE LEFT OF YOUR CHOICE ANY ONE OR MORE OF THE FOLLOWING LETTERED SUBDIVISIONS AS TO WHICH YOU WANT TO GIVE YOUR AGENT AUTHORITY. IF THE BLANK SPACE TO THE LEFT OF ANY PARTICULAR LETTERED SUBDIVISION IS NOT INITIALED, NO AUTHORITY WILL BE GRANTED FOR MATTERS THAT ARE INCLUDED IN THAT SUBDIVISION. ALTERNATELY, THE LETTER CORRESPONDING TO EACH POWER YOU WISH TO GRANT MAY BE WRITTEN OR TYPED ON THE BLANK LINE IN SUBDIVISION "(Q)", AND YOU MAY THEN PUT YOUR INITIALS IN THE BLANK SPACE TO THE LEFT OF SUBDIVISION "(Q)" IN ORDER TO GRANT EACH OF THE POWERS SO INDICATED.) ] (A) real estate transactions; ] (B) chattel and goods transactions; ] (C) bond, share and commodity transactions; ] (D) banking transactions; ] (L) retirement benefit transactions: (M) making gifts to my spouse, children and more remote descendants, and parents, not to exceed in the aggregate $10,000 to each of such persons in any year; ] (E) business operating transactions; ] (N) tax matters; ] (F) insurance transactions; ] (O) all other matters; ] (G) estate transactions; ] (H) claims and litigation; ] (I) personal relationships and affairs; ] (P) full and unqualified authority to my attorney(s)-in-fact to delegate any or all of the foregoing powers to any person or persons whom my attorney(s)-in-fact shall select; ] (J) benefits frown military service; ] (K) records, reports and statements; ® each of the above matters identified by the following letters: All Powers (A) Through (P). (Special provisions and limitations may be included in the statutory short form durable power of attorney only if they conform to the requirements of section 5-1503 of the New York General Obligations Law.) (R) SEE POWER OF ATTORNEY RIDER ATTACHED HERETO AND MADE A PART HEREOF. Rider Attached To And Made A Part Of Power Of Attorney Dated the ~ 3 Day of ~ ¢" ~ e~ ~ ¢~ ,2008, By James F. McFarland, As Principal, Appointing Patrick J. McFarland or Virginia M. Coughlin As Attorney(s)-In-Fact. (R) Without in any way limiting the generality of the foregoing powers, this general power of attorney shall contain the following additional powers consistent with Section 5-1503 of the New York General Obligations Law: (DIRECTIONS: INITIAL IN THE BLANK SPACE TO THE LEFT OF YOUR CHOICE ANY ONE OR MORE OF THE FOLLOWING LETTERED AND/OR NUMBERED SUBDIVISIONS AS TO WHICH YOU WANT TO GIVE YOUR AGENT AUTHORITY. IF THE BLANK SPACE TO THE LEFT OF ANY PARTICULAR LETTERED SUBDIVISION IS NOT INITIALED, NO AUTHORITY WILL BE GRANTED FOR MATTERS THAT ARE INCLUDED IN THAT SUBDIVISION. ALTERNATELY, THE LETTER AND/OR NUMBER CORRESPONDING TO EACH POWER YOU WISH TO GRANT MAY BE WRITTEN OR TYPED ON THE BLANK LINE IN SUBDIVISION "(R)(26)", AND YOU MAY THEN PUT YOUR INITIALS IN THE BLANK SPACE TO THE LEFT OF SUBDIVISION "(R)(26)" IN ORDER T'O GRANT EACH OF THE POWERS SO INDICATED.) [ ] (1) Tax Matters: Without limiting the power set forth in paragraph (N) above, I authorize my attorney(s)-in-fact to prepare, execute and file all income and gift tax (including but not limited to Federal forms 1040, 1040ES, 1041, 709 and all related, similar and successor forms thereto, and New York State forms NY IT-201, NYC-203, IT-205, TP-403, and all related, similar and successor forms thereto), social security or unemployment insurance and information returns required by the laws of the United States, or of any state or subdivision thereof; to confer with revenue agents, to prepare, execute and file refund claims; to collect any tax refunds from the United States or any state or subdivision; to execute agreements extending the statute of limitations; to represent me or obtain representation for me before the Treasury Department of the United States and any taxing authority of any state or subdivision thereof with respect to any such tax or taxes and any claim or claims relating thereto, the Tax Court of the United States or any other court in connection with any of said tax matters, and to do anything ("perform any and all acts") whatsoever requisite with all income tax, gift tax, social security and unemployment insurance taxes, and any and all other taxes that may be required by the laws of the United States or any state or subdivision that I could do in my own person; ] (2) Authority As To Residence: In the event that my attorney(s)-in-fact believes that I am permanently incapacitated, my attorney-in-fact is authorized to vacate my residence, or any home I may own or rent during the time this power of attorney is in effect; ] (3) Authority To Make Gifts: In addition to the gifting powers set forth in paragraph (M) above, I authorize my attorney(s)-in-fact to make gifts on my behalf of any amount (outright or in trust) including gifts of real and/or personal property that I may own to the attorney(s)-in-fact and/or to my lineal descendants and their spouses; [ ] (4) Intent To Return Home: Without limiting the authority granted to my agent(s) in paragraphs 2 and 3 above, in the event that I am placed in a nursing home facility, of any type, kind or nature, it shall always remain my intent to return to my personal residence; [ ] (5) Authority To Conduct Estate Planning~ I authorize my attomey(s)-in-fact to conduct estate planning on my behalf, including but not limited to the following acts: (a) the making of gifts, whether outfight or in trust, of any or all of my cash, real or personal property or interests in property, including any right to receive income from any source, to those persons and in the same proportions (except as my attorney-in-fact may otherwise determine based on the standard set forth below) as set forth in my Last Will and Testament; and/or (b) the making of gifts to individuals and/or organizations, whether charitable or otherwise, in the pattern I have used in my lifetime, and/or to satisfy pledges I previously made; and/or (c) the creating of trusts, whether revocable or irrevocable, and/or the transfer of my assets or income to such new trust or to a trust already in existence; and/or (d) the use of any other devices I might use myself were I competent, for the purpose of providing for my spouse and/or other members of my family (at the same standard of living in which they were accustomed prior to my incapacity), reducing tax liability or preserving assets for use by my spouse or other family members in the event I require long term health care. In carrying out the powers granted in this paragraph, my attorney(s)-in-fact shall be guided by the standard that the estate planning powers are designed, in part, for the preservation of my assets and he or she shall exercise such powers in such a way as to provide for my best interests and the best interests of my family members. Subject to such condition precedent (ascertainable standard), my attorney(s)-in-fact may exercise any estate planning power without any prohibition against self-dealing, including but not limited to making gifts to himself or herself and appointing himself or herself trustee of any trust created; [ ] (6) Authority To Continue Making Gifts/Split Gifts: In addition to the gift giving authority granted to my attorney(s)-in-fact granted herein, I authorize my attorney(s)-in-fact to continue making gifts of my property to carry out my lifetime giving patterns, or to begin such a pattern if deemed prudent. Furthermore, I authorize my attorney(s)-in-fact to elect, in his or her discretion, a "split gift" with my spouse, if 1 am married, pursuant to section 2513 of the Internal Revenue Code, its successors, or its state law equivalent. I hereby give my consent to any such election and authorize my agent to sign, on my behalf, an affidavit or other proof necessary to effectuate such election; [ ] (7) Authority' To Make Statutory Elections: I authorize my attorney(s)-in-fact to execute all statutory elections and disclaimers of whatsoever kind or nature, including, but not limited to, qualified disclaimers to effect tax savings, disclaimers to defeat the interests of any and all creditors, and disclaimers to pass properties to successors; [ ] (8) Authority To Purchase Exempt Resources: I authorize my attorney(s)-in- fact to purchase any type of property that is considered to be an exempt resource under the Social Services Law; [ ] (9) Authority To Purchase Life Insurance: I authorize my attorney(s)-in-fact to purchase from an insurance company or from any of my family members, a non- assignable, non-cancelable single premium, irrevocable annuity which annuity shall provide installment payments to me; [ ] (10) Authority To Disclose: I authorize my attorney(s)-in-fact to request, receive and review any confidential information regarding my personal affairs and/or my physical or mental health and to provide such information to any person and/or entity designated by my attorney(s)-in-fact; [ ] (11) Intent To Avoid Incapacity Proceedings: If I become incapacitated I intend that this durable power of attorney shall avoid any type of proceeding for the appointment of a guardian. However, if any such appointment must be made, I hereby nominate any one of my agent(s) herein, to serve in such capacity; [ ] (12) Authority To Communicate Contents Of Living Will: I authorize my attorney(s)-in-fact to communicate the contents of my Living Will, if any, to the appropriate entities specified in said document; [ ] (13) Authority To Access Safe Deposit Box: I authorize my attorney(s)-in-fact to have access to any and all safe deposit boxes in my name and to open, inspect, inventory, place items in or remove from, and close said safe deposit box or boxes. In the event that the key to my safe deposit box cannot be located, I authorized my attorney-in- fact to drill it open; ] (14) Authority As To Retirement Benefits: I authorize my attorney(s)-in-fact to make all necessary decisions and elections, of whatsoever kind and nature, regarding my Social Security benefits and any annuity, pension or other retirement plan(s) or fund(s), or similar type of plans, that I may possess, including, but not limited to, lump- sum payouts, instalhnent payouts, roll-overs, contributions, change of ownership, beneficiary designations or waiving non-employee spousal rights; [ ] (15) Authority To Bmxow/Lend: My attorney(s)-in-fact are authorized to lend my funds or borrow funds on my behalf for any reason; further I authorize my attorney(s)-in-fact to lend or borrow to anyone or any entity, including to themselves, the attorney(s)-in-fact, on such terms as they shall deem to be in my best interest; [ ] (16) Authority As To Insurance: I authorize my attorney(s)-in-fact to deal with any and all insurance policies I may own or may be qualified to purchase, including but not limited to the following types: life, medical, disability, long term care (home care and/or nursing home care), homeowners and vehicle. Such power shall include but shall not be limited to the purchase and/or cancellation of any such policy; and the change of ownership or beneficiary designations of any such policy; [ ] (17) Authority As Debts: I authorize my attorney(s)-in-fact to forgive and collect debts; [ ] (18) Authority As Government Benefits: I authorize my attorney(s)-in-fact to qualify me for any and all government entitlements that I may be eligible for, including, but not limited to, Medicare, Medicaid and SSI. This authority shall also include the power to litigate or settle any matter pertaining to any entitlements; ] (19) Authority As To Domicile: I authorize my attorney(s)-in-fact to change my domicile to another state; ] (20) Authority To Employ: I authorize my attorney(s)-in-fact to retain and compensate attorneys, accountants, investment counsel and similar professionals, concerning my property and personal affairs; [ ] (21) Authority To Create Trusts: I authorize my attorney(s)-in-fact to create and fund inter-vivos trusts; [ ] (22) Authority To Make Arrangements For Nursing Home Care: I authorize my attorney(s)-in-fact to make any arrangements, whatsoever, for the placement of the principal in an Adult Home or Nursing Home, or any adult community of any kind or nature; ] (23) Authority Regarding Social Security Matters: I authorize my attorney(s)- in-fact to represent me in all Social Security Administration matters; ] (24) Authority To Waive Attorney-Client Privilege: I authorize my attorney(s)-in-fact to waive attorney-client and other similar privileges to facilitate consultations between the attorney(s)-iu-fact herein appointed and my attorney and other advisors; ] (25) Authority Regarding Health And Medical Information: My attorney-in- fact shall be deemed to be my authorized representative pursuant to HIPAA (Health Insurance Portability and Accountability Act). Therefore, I authorize my attorney-in-fact to request, access, review and obtain all of my health and medical information, including, but not limited to, medical notes and records from doctors, hospitals, nursing homes, assisted living facilities, clinics, managed care plans and other health care providers of any kind and nature and for any purpose whatsoever. [5 }'.'/~1.& (26) Each of the above matters identified by the following letters: Ail Powers (R)(1) Throueh (R)(25). This Durable Power of Attorney shall not be affected by nay subsequent disability or incompetence. If every agent named above is unable or unwilling to serve, 1 appoint residing at (it~$ort aamo and acldro$$ of stscco$$or) to be nay agent for all purposes hereunder. TO INDUCE ANY THIRD PARTY TO ACT HEREUNDER, I HEREBY AGREE THAT ANY THIRD PARTY RECEIVING A DULY EXECUTED COPY OR FACSIMILE OF THIS INSTRUMENT MAY ACT HEREUNDER, AND THAT REVOCATION OR TERMINATION HEREOF SHALL BE INEFFECTIVE AS TO SUCH THIRD PARTY UNLESS AND UNTIL ACTUAL NOTICE OR KNOWLEDGE OF SUCH REVOCATION OR TERMINATION SHALL HAVE BEEN RECEIVED BY SUCH THIRD PARTY, AND I FOR MYSELF AND FOR MY HEIRS, EXECUTORS, LEGAL REPRESENTATIVES AND ASSIGNS, HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS ANY SUCH THIRD PARTY FROM AND AGAINST ANY AND ALL CLAIMS THAT MAY ARISE AGAINST SUCH THIRD PARTY BY REASON OF SUCH THIRD PARTY HAVING RELIED ON THE PROVISIONS OF THIS INSTRUMENT. This Durable General Power of Attorney may be revoked by me at any time. This instrument is created and is executed in anticipation of the legal, physical or mental infirmities which can be caused by advancing years, illness, accidents, and also by disappearance or absence. The enumeration of specific items, rights, acts or powers herein is not intended to, nor does it, limit or restrict, and is not to be construed or interpreted as limiting or restricting the general powers herein granted to said attorney(s)-in-fact. The rights, powers and authority of said attorney(s)-in-fact herein granted shall commence and be in full force and effect upon the execution hereof, and such rights, powers and authority shall remain in full force and effect thereafter until terminated by written revocation, order of a court, or my death. This power of attorney is effective in my absence or disappearance, explained or unexplained, and is also effective even if I am deceased until such time as the fact of my death is confirmed. If. for any reason, any provision of this Power of Attorney is determined not to be legally valid in any regard or. if any provision is determined not to conform to the requirements of New York GOL Section 5-1503, such provision shall be deemed severable and all other provisions shall be binding and effective. Each such severed provision shall be honored to the fullest extent possible as the expression of my will. I will not question the sufficiency of any instrument executed by my said attomey(s)-in- fact pursuant to this power notwithstanding that the instrument fails to recite the consideration therefor or recites merely a nominal consideration; any person dealing with the subject matter of such instrument may do so as if full consideration therefor had been expressed therein. In the event that any party to whom a copy of this instrument is presented fails to honor the same, in violation of Title 15 of Article 5 of the General Obligations Law, or any related, similar or successor statute, my attorney(s)-in-fact is/are specifically authorized and empowered, in such attomey(s)-in-fact sole discretion, to retain counsel on my behalf to sue to compel compliance with this instrument; to seek actual, punitive, and any other appropriate damages; and, to seek such court costs, disbursements, legal fees and monetary sanctions as may be allowable under the law against any such party who refuses to honor this instrument. IN WITNESS WHEREOF, I have hereunto signed my name this ~-.~ day of ~'~-'~-~"~ ,2008. :~./ .... (Sig'natule of Princi~a'ti ACKNOWLEDGMENT STATE OF NEW YORK COUNTY OF SUFFOLK ss.: On the. ~ day of ' ....... , in the year 2008, before me, the undersigned, personally appeared James F. McFarland, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. INTEI C ENCE RESEARCH ASSOCIATES. INC. ENVIRONI~ENTAL PLANNING & DEVELOPMENT CONSULTANTS RICHARD ERI~ WAF, REN AICP October 22, 2012 -VIA HAND DELIVERY- James F. King, President Town of Southold PO Box 1179 Southold, NY 11971 OCT 2 2 2012 Legalization of Dock Application: McFarland Pro~ 1130 Little Peconic Bay Road, Cutchogue SCTM No. 1000-111-14-17 Dear Mr. King: Please find a complete application for the proposed legalization of the McFarland dock. The dock was originally constructed in the 1950's by the Mr. McFarland. Through the years, minor repairs were made to the dock, which include decking. The McFarland family is currently in contract to sell the property and the buyers are looking for the existing dock to be legalized. In support of this application, please find the following materials for your review: Application fee in the amount of 5250.00, check no. 5221, dated 10/18/12 issued by James McFarland; Triplicate of the following: 4. 5. 6. Board of Trustees Application including the Genera Data Page, Wetland/Trustee Lands Application Data form, Short EAF, Signature Page, Authorization Page, Disclosure Form, Erosion Sedimentation and Storm-Water Run-off Assessment Form, LWRP Consistency Assessment Form; Power of Attorney Document; Project Location Maps; Survey including soundings as prepared by Sea Level Mapping; Dock Plans as prepared by Inter-Science for the existing dock dated 10/22/12; and Photographs of the existing dock. POST OFFICE BOX 1201 · 36 NUGENT STREET. SOUTHAMPTON, NEW YORK 11969-1201 · 631-283-5958. FAX: 631 283-5974 If you require additional materials or have further questions regarding the project in general, do not hesitate to contact this office. Thank you. Environmental Planner LP: L~ enclosures L:\McFarland~town l'RANcoverletter 10222012.wpd INTEI CIENCE 10/23/2012 15:30 631-283-5974 INTER-SCIENCE PAGE 01/09 INT ENCE RESEARCH ASSOCIATES. INC. ENVIRONMENTAl. PLANNING & DEVELOPNENT CONSULTANTS -VIA Regular Mail and Facsimile- James F. King, President Town of Soutbold, Trastee Office PO Box 1179 Southold, NY 11971 (631) 765-6641 October23,2012 0CT 2 3 2012 $¢',:tho!d Tow~ RE: Lmmlization of Dock Annlication: McFarland Property 1130 Little Peconic Bay Road, C[tc.h.~tue $1CTM No. 1000-111-14-17 Dear Mr. King: Please find throe copies oft_he revised dock plans as prepared by Inter-Science and one original and two copies of the revised description pages for the wetland application including the general data page, short EAF, Storm-water page and the LWRP first page. If you require additional materials or have further questions regarding the project in general, do not hesitate to contact this office. Thank you. LP:lp enclosures Environmental Planner POST OFFICE SOX 1201 · 36 NUGENT STREET- SOUTHAMPTON, NEW YORK 11969-1201 · &31-2S3-sgss* FAX:631-283-S974 M A BY TRUSTEES Purpose: Legalization of Existing Dock Datum: MLLW $CTM Number: 1000-111-14-17 Fuji Site View 30 60 I I Scale: 1"--30' Client: McFarkand OCT 2 4 2012 McFarland Cutc~o~ue Loc~tion of Proiect: In: Wunne*~ta Pond, Nassau Poinb Cutchc~ue County: Suffolk County Pur~: L~aliza~on of Existing D~k De~iled View ~ ~ ~q~: Datum: MLLW I I ] L~tion of Pmje~: 3.5'X 12.5' fixed catwalk 5'X 18' 4'X 9' --'-- fixed...I. ~ I~ dock 8~' dia. pilings stairs pilings //- ...................................................................... ,-6" dia. WETLANDS +1.06 -0.8 LW -4.2 Pond Bottom LINE HW Purpose: Legalization of Existing Dock Profile View NameofPcoject~ 0 5 10 McFarla~ Cutcho~ue Datum: MLLW I I I Location of Project: SCTM Number: 1000-111-14-17 Sca[e: 1'=5' In: Wunneweta Pond, Na~au Point, Cutchc~ue ~- 1 8' X 5' fixed dock ~- 3.5'X _~ ~ 12.5' ..._ /fixed ~atwal~ :8,, dia. pilingS, pilingsr6" dia. ........ ~ ~-~ ~ - -~ ~ [ ~2~ [~ ~ ~ ~ -3.5 Pond BoOm ........ ............ ~ ............................. ~ ~:~ ........... ~..,.-~ ............ +.., ....... -4.2 Pond BoSom Pur~: Le~[ization of Exi~ing ~ck Cross So.ion View Name of P~m: Datum: MLLW I I [ L~tion of Proj~: S~M Numar: 1000-111-14-17 ~oundlnc]~ ~hoHn r~fer to MLLH N 14.7' u~ 21.2' Survey of Lot # 237 Filed Map of "Nassau Point" SCT# 1000-111-14-17 Surveyed: 10-19-12 Town: Southold Suffolk County New York I 1" = 20' I Lo~ ROBERT H. FOX NYS PLS# 50197 Box # 366 Aquebogue NY 11931 5oundlncj~ 5hov~n r~Fer to MLLIN OCT 2 2 2012 Bo* 14.7' o ~O~Se # 1130 N W~'--E S Lot, Survey of Lot # 237 Filed Map of "Nassau Point" $CT# 1000-111-14-17 Surveyed: 10-19-12 Town: Southold Suffolk County New York I 1" = 20' I Lot, ROBERT H. FOX NYS PLS# 50197 BOX # 366 Aquebogue NY 11931