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Home My WebLink About1000-111.-14-17 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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: 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. Poficy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and ether 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 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 .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 significant beneficial and adveme effects upon the coastal area (which includes all of 8outhold 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 explained in detail, listing both supporting and non- suDoorfin~ facts, ff an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-111 - 14-17 PRO~ECT NAME McFarland Dock Legalization A copy of the LWRP is available in the following places: online at the Town of S outhold ' s website (southoldtown.norflffork.net), the Board of Trustees Office; th'e'~~ent; all ' local libraries and the Town Clerk's office, i } / I' The Application has been submitted to (check appropriate response): TownBoard [] Planning Board ~] .uildingDept. ~ BoardofTrustees [] Category of Town of Sout3old agency action (check appropriate'response): (a) Action undertaken directly by Town agency (e.g. capital constmedon, planning activity, agency regulation, land transaction) Co) 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'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. Location of action: 1130 Little Peconic Bay Road, Cutchogue Site acreage:. 0.29 Acres Present!and use: Sinele Family Residential Present zoning classification: R-40 If an application for the proposed action has been flied with the Town 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 (b) Mailing address: 6o Great Pond Wa,/, Southold, NY 11971 A~ent: Lisa Pover, Inter-Science Research Associates, Inc,, 36 Nu~ent Street, Southaml~ton, NY 11968 (C) Telephone number: Area Code {,631) 765-3658 A~ent (631) 283-5958 (d) Application number, if any:None assigned to date. Will the action be directly undertaken, requke 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 F~ No F~ Not Applicable Attach additional sheets if necessary Policy 2, Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section Ill ' Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable 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 Poiiey 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~-] Yes ~ No [] NotAppHcable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - PoliCies Pages 16 through 21 for evaluation eriterin Yes [] No ]"%otAnnlicahle Aftach 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 m - 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 Sontholfl. 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 evaluation 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 III - Policies; Pages 38 through 46 for evaluation criteria. V1 YcF No 7] Not ^ppiicable AOach 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. [] Yes ~ No [] Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~--] Yes ~ No [] Not Applicable ~ Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes ~ No ~-] Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes ~ No ~ Not Applicable PREPARED BY Lisa Poyer, Inter-Science TITLE Environmental Planner DATE 10/16/12 Boundlnc3s sho~n r~er ~6 MLLH 14.?' to~dc}, 21.2' ~o~tse # ~3o N Lo~ 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 :{OBERT H. FOX NYS PLS# 50197 Box # 366 Aquebogue NY 11931 Lo~