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Home My WebLink About1000-66.-2-12OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 L 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: John Bredemeyer, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: February 18, 2014 Re: Local Waterfront Revitalization Program Coastal Consistency Review for KATHRYN A. CAMPBELL SCTM# 1000-66-2-12 Eileen A. Powers, Esq. on behalf of KATHRYN A. CAMPBELL requests a Wetland Permit for the as - built replacement of existing with new 2'x19'2° fixed catwalk to a 5'6"x4'10" fixed dock with 4"x4" posts. Located: 570 Hippodrome Drive, Southold. SCTM# 66-2-12 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 determination that the proposed actions are INCONSISTENT with the below listed LWRP policy and therefore are INCONSISTENT with the LWRP: 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. Town records indicate that the structures were constructed without the benefit of review of the Board of Trustees. Aerial analysis shows that the dock structure was constructed after 2004 and before 2006. Due to shallow water depth and limitation of navigable waters in Hippodrome Creek, it is recommended that the Board identify the purpose of the dock and use (vessel type) The dock is located 5'± from southeast property lines. All docks, including any vessel tied to the dock, shall have a minimum clearance of 15 feet of the seaward extension of any property line from adjacent parcels so as not to interfere with the neighbor's access to waters, unless the Trustees decide otherwise for navigational or other reasons. The applicant has not demonstrated that the following dock standards pursuant to § 275-11. Construction and operation standards have been met. (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: [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water -dependent activities; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed actions. Cc: Lori Hulse, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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. 2. 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 sigt 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 explained in detail, listing both supporting and non - supporting facts. If an action cannot be certified as consistent wi Idlire s�md!m s..and_ conditions, it shall not be undertaken. ` r s`' A copy of the LWRP is available in the following places: online website (southoldtown.northfork.net), the Board of Trustees Ofl local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ) OCXD PROJECT NAME The Application has been submitted to (check appropriate response): 'ow �,f S u s M) PlaRan�gtt' ent I all Town Board ❑ Planning Board ❑ Building Dept. ❑ Board of Trustees 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 transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: \ �' (a" f Lf` (Ott t � 0 Location of action:) �` b\618 Site acreage: Present land use: ;1 `2 Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: ��11 (a) Name of applicant: 1L; (b) Mailing address: QtU (c) Telephone number: Area Code (d) Application number, if any: Will the action be =ch ken, require funding, or approval by a state or federal agency? Yes ❑ No 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 presery istoric and archaeological resources of the Town of Southold. See LWRP Section III - Polic' ages 3 through 6 for evaluation criteria 11 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 III — 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 III — Policies Page s 8 through 16 for evaluation criteria ElYes ❑ No Applicable 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 th�NotApplicable ugh for evaluation criteria F]Yes ❑ No 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 III — Policies; Pages. 22 through 32 for evaluatio 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 n 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. WRP 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. ❑ Yel—I 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 Section III 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. 1:1 Yes F-1NoNot Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for=Not n criteria. ❑ Yes ❑ Nopplicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III — Policies; Pa 5 through 68 for evaluation criteria. 1:1Yes ElNo Not Applicable PREPARED BY 'Pr TITLE DATE b� �� _�_ �COUNTY OF SUFFOLK Re .._��~ -.._b _,.,, 1 � r.u. 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TAX No. 1000-66-02-12 SCALE 1 "=20' FEBRUARY 13, 2001 FEBRUARY 27, 2001 ADDED PROPOSED PORCH MAY 2, 2001 REVISED PROPOSED ADDITION NOVEMBER 3, 2005 ADDED PROPOSED PORCH NOVEMBER 23, 2005 PROPOSED PROPOSED PORCH AUGUST 7, 2012 UPDATE SURVEY UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI— TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. AREA = 9,940 sq. ft. (TO TIE LINE 0,228 cc. ON 08/07/12) CER TIFIED TO: KATHRYN CAMPBELL PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE-BY"Tl—TE`NEW YORK STATE LAND TITLE ASSPCfATIOPt PJ r 7� 4 �af N.Y.S. Lic. No. 50467