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HomeMy WebLinkAbout1000-116.-7-8 SOF !/j�, OFFICE LOCATION: SO ��� Ol0 MAILING ADDRESS: Town Hall Annex P.O. Box 1179 ' 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Tele hone• 631 765-1930 Southold, NY 11971 �� P Fax: 631 765-3136 COUNT LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date: April 10, 2019 Re: LWRP Coastal Consistency Review for ROSARIA FORCHELLI SCTM# 1000-116-7-8 Land Use Ecological Services, Inc. on behalf of ROSARIA FORCHELLI requests a Wetland Permit for a Ten Year Maintenance Permit to cut the Phragmites to 6" above ground level (in March-April), and not lower in the first year; all cut material and thatch shall be hand-raked and disposed of at an approved off-site landfill; cutting shall be performed by hand and monitored by a qualified ecologist to ensure that no native herbaceous plants or woody shrubs are removed; Phragmites shoots will be re-cut again in early June to a height of 18"-24" above soil level in order to avoid cutting native vegetation; one additional cutting will occur as needed to a height of 18" above ground level during the growing season (April— October); after the first year, up to two (2) cuttings per year to a minimum height of 18" (i.e. cut height shall not be shorter than 18"), with native vegetation to be identified and flagged to be protected; if new growth of invasive species is observed during on- going Phragmites monitoring, it will be immediately removed by hand; approximately 9,250sq.ft. of vegetated upland area shall be managed through removal of non-native and invasive species (Wisteria sp., Mile-a-minute weed (Persicaria perfoliata), Poison Ivy (Toxicodendron radicans), Plume Grass (Saccharum sp.), Bittersweet (Celastrus orbiculatus), with all existing native plants within the Vegetation Management Plan area to remain; any disturbed areas are to be seeded with Switchgrass (Panicum virgatum) at a rate of 20lbs/acre; and within a 100 linear foot long area along the southwest property boundary plant 17 Thuja sp. 6' o/c; five years of post-construction monitoring will occur during spring and fall seasons with progress reports on the Phragmites management and re-colonization of native plants, including representative photographs,to be submitted by December 31St of each of the five years. Located: 1635 Meadow Beach Lane, Mattituck. SCTM# 1000-116-7-8 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 submitted to this department, as well as the records available to me, it is my recommendation that the proposed actions are EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS items "FF"which states: FF. Cutting phragmites to greater than 12 inches and vegetative restoration, provided that native wetland vegetative species are not affected or disturbed in any manner; 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: Damon Hagan, Assistant Town Attorney RECEIVED Town of Southold° APR 8 2019 LWRP CONSISTENCY-ASSESSMENT FORINT lout of Town Planning Board 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 prop_ osed .action will be evaluated as to its -significant beneficial and adverse effects upon the,coasW 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 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 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# 116 _ 7 _ 8 PROJECT NAME Forchelli-Mattituck The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees X d"OV��rs 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: ❑x Nature and extent of action: Proposed Phragmites management of residential property.Proposed removal of additional invasive and non-native upland vegetation,re-seeding of disturbed areas with native Switchgrass,and planting of 17 Thuja sp.along southern property boundary. Location of action: 1635 Meadow Beach Lane, Mattituck, NY Site acreage: 1.15 acres Present land use: Residential Dwelling Present zoning classification: AC 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Rosaria Forchelli (b) Mailing address: 5 Danton Lane South, Lattingtown, NY 11560 (c) Telephone number: Area Code( ) 5)16-812-6200 N/ (d) Application number,if any: 17 Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes EJ No❑ If yes,which state or federal agency? NYSDEC Article 25 Approval is required. 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. DLVELOPE D COAST POLICY Policy I. 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 0 Not Applicable No development is proposed 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 x❑ Yes ❑ No ❑ Not Applicable No historic or archaeological structures are located in this ar'ea._WfiiIdJhis project is l&4ted'iri-an-archaeologically' ierisitive�at-ea,_ the invasive Phragmites management will help preserve and protect the natural character of the coastal area. 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 .0 Yes ❑ No ❑ Not Applicable Removal of invasive species will improve the aesthetic of the area by presenting a more natural appearance.It will also protect the wetland resource by restoring native habitats,and therefore ecosystem function and services. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L'4VRP Section III—Policies Pages S through 16 for evaluation criteria ❑ Yes ❑ No ❑ Not Applicable No development or construction of erosion control structures is proposed. However,Phragmites removal and restoration of native wetland habitat will aid in improving the natural barrier from flooding and erosion of the wetland. 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 criteria Nat Applicable Li Yes F1 No No changes in runoff and discharges are anticipated nor proposed. Invasive vegetation removal will help restore the native wetland habitat,thus protecting a system that naturally provides important water quality benefits. 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 evaluation criteria. 0 Cl _( Yes No Not Applicable This project aims to restore the natural function of the tidal wetlands located on the project site through removal of invasive Phragmites and additional upland invasive/non-native vegetation. Removal of these invasive species will foster the establishment of a more natural and native tidal wetland ecosystem. 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. 1771 ❑ Yes ❑ No L�J Not Applicable No work related to air quality is proposed. 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—PoIicies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No x❑ Not Applicable No discharge of solid waste or hazardous substances is anticipated nor proposed. 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. ❑ Ye❑ No El Not Applicable Project site is on residential property. Attach additional sheets if necessary WORKING COAST PORICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No Q Not Applicable No changes to water-dependent uses are proposed. 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 ` Proposed project aims to restore and protect existing tidal wetland habitat through removal of invasive vegetation. Restoration o this degraded habitat will enhance the quality of these wetlands and serve at suitable habitat for many native coastal flora and fauna.No negative impacts to native marine resources are anticipated. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section M—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ Nom Not Applicable Although this property is zoned as AC,the property has been used as a residential dwelling since between the years _ of 1984 and 2001.As no agricultural practices occur on the the property,no adverse impacts to agricultural lands are anticipated. Additionally, no development is proposed as part of this project.The vegetation management proposed will help maintain and preserve the existing wetland and scenic space,and will not convert agricultural land. 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 No work regarding transportation,fuel,energy,or mineral extraction is proposed in this project. PREPARED L ren Sidor L�o ical Services IncT { Ecologist BY / g ITLE g DATE s Forchelli-Mattituck 1635 Meadow Beach Lane,Mattituck,NY 11952 1 SCTM#1000-116-7-8 Project Description The proposed project is located on a 1.15-acre residential property at 1635 Meadow Beach Lane in Mattituck, New York. An area of approximately 9,673 sq. ft. along the eastern side of the property, bordering Hall's Creek, is currently dominated by Phragmites australis. An upland buffer area of approximately 9,250 sq. ft. lies adjacent to the Phragmites marsh to the west, and is similarly dominated with various invasive vegetative species. The applicant seeks to manage this dense Phragmites stand on the shoreline of the property, as well as the upland vegetated area, as shown on the enclosed Phragmites and Vegetation Management Plan. The goal of the Phragmites and Vegetation Management Plan is to remove the dense monoculture of invasive Phragmites via cutting, and to promote the growth of native plant populations along the shoreline to improve habitat quality. Invasive and non-native vegetation within the upland area shall also be removed, with disturbed areas being re-seeded with native Switchgrass (Panicum virgatum). The Neiv York State Salt Marsh Restoration and Monitoring Guidelines (2000) states "[o]nce established, Phragmites shades existing vegetation and hinders the germination and growth of other species. Phragmites stands are also thought to provide inferior nesting habitat for many marsh birds (Howe et al., 1978), including seaside sparrow, sharp-tailed sparrow, and willet. These marsh specialists are adapted to nesting in short grasses like Spartina patens and Distichlis spicata (Benoit, 1997). The slower degradation rate of Phragmites stalks can-also raise the elevation of the marsh, thereby decreasing the area that can be flooded with salt water by tidal flow and further promoting Phragmites australis invasion(T. Diers). Stands of Phragmites, growing up to 14 feet in height, are often considered to negatively impact the "viewshed" in an area(Tiner, 1987; Eastman, 1995)." Phragmites Management Methodology and Reporting The following are the procedures and specifications of the proposed Phragmites Management Plan. The work must be supervised by a qualified ecologist and will be completed when water levels are low. Year 1: In the early spring (March — April) Phragmites will be cut to 6" above ground level, and not lower. All cut material and thatch shall be hand-raked and disposed of at an approved off-site landfill. Cutting shall be performed using commercial hedge trimmers, weed whacker, and hand pruners. Cutting shall be monitored by a qualified ecologist to ensure that no native herbaceous plants or woody shrubs are removed. Phragmites shoots will be re-cut again in early June. Phragmites will be re-cut to a height of 18-24" above soil level. This cutting height will serve to avoid cutting native vegetation. One additional cutting will occur as needed during the growing season (April — October). Cutting will only occur when there is substantial height difference between Phragmites and native vegetation to allow for cutting of Phragmites without damage to native vegetation. Phragmites shall be cut to a height of 18" above ground level, and not lower. Prior to every cutting, the management area will be inspected by a qualified ecologist to determine identify and flag any vegetation which shall be avoided. E � VE Project Description Revised 2/25/2019 by Land Use Ecological Services,Tile 1/2 Southold Town BQard of Trustee ,.G Years 2-5: Up to 2 cuttings per year to a minimum height of 18" (i.e. cut height shall not be shorter than 18"). Native vegetation within the Phragmites management area will be identified and flagged to be protected. If new growth of the invasive species is observed during on-going Phragmites monitoring, it will be immediately removed by hand. Upland Vegetation Management Area Approximately 9,250 sq. ft. of vegetated upland area shall be managed through removal of non-native and invasive species. All existing native plants within the Vegetation Management Area are to remain. The non-native and invasive species present within the Vegetation Management Area to be removed include the following: • Wisteria sp. • Mile-a-minute weed(Persicaria perfoliata) • Poison Icy (Toxicodendron radicans) • Plume Grass (Saccharum sp.) • Bittersweet(Celastrus orbiculatus) Following removal of invasive and non-native species, any disturbed areas within the Vegetation Management Area, highlighted on the attached Phragmites and Vegetation Management Plan, are to be seeded with Switchgrass (Panicum virgatum) at a rate of 20 lbs/acre. Additionally, 100 linear feet along the southwest property boundary will be planted with a total of 17 Thzja sp. Individual plants are to be 5 ft. in height, and planted at 6 ft. on center. Q Monitoring and Reporting: Five years of post-construction monitoring will occur during spring and fall seasons. Progress reports on the Phragmites management and re-colonization of native plants, including representative photographs, will be submitted to regulatory agency(s) by December 31 st of each year. Project Description Revised 2/25/2019 by Land Use Ecological Services,Inc 2/2 IY F� a ause, April 3, 2019 Town of Southold Board of Town Trustees PO Box 1179 Southold,NY 11971 Attn: Elizabeth Cantrell RE: Request for 10-year Maintenance Permit Forchelli - Mattituck 1635 Meadow Beach Lane,Mattituck,NY 11952 SCTM#.1000-116-7-8 Dear Ms. Cantrell: As per our telephone conversation of 4/3/2019, please use this correspondence as a formal request for a 10-Year maintenance permit for the above-referenced project. As discussed, the proposed Phragmites management project will require a total of five (5) years to complete, which exceeds the duration of standard Town of Southold Wetlands permits. As such, we kindly request review of this project for a 10-Year maintenance permit. If you have any questions or require additional information, please`,contact me at (631) 727-2400 or lsidor@landuse.us. Thank-you. Sincerely, Lauren Sidor Ecologist Sent via email(Elizabeth cantrell@town southold.ny.us) 570 Expressway Drive South, Suite 2F, Medford, NY 11763' Phone: (631 )-727-2400 Fax: (631 )-727-2605 SITE PHOTOS I & 2: 1635 Meadow Beach Lane Mattituck,NY 11952 ek f x �; q` Vic. ��.✓ r - (ate R=4 +� ,���. 'Y•4 �',. L f r 1 k t r �hJ 1•A/ � / L �T�y -. � - ; 11 fi/ •moi•a Y 11 S 1 YG •A�� r_. - 1... .r. a ... • i rt'.(+ r' rix i/, �.� � � . / M: �? +�/� "ter 'tt:w w � -z••• t` ' ,+•��`:.r _ 'tee .w' _ a•..._ / 1 1 1 • 1 1 _ / /1 _ / 1 / / SITE PHOTOS 3 & 4: 1635 Meadow Beach Lane Mattituck, NY 11952 , . AW M 'a`l+*3 4 iyF ' ''a S •_a ,..fir l'�.tr' � .. , - ^\IIF t .; N NCE I LC r t_ r/L r ,. 1 .461 l t ir R,=50.00' r CVRD I ENT L=5 +.88' — z .Ac ; S wR i � Q� „1� S� O X O O r� _ q rYO� i iii ti 's L=30.77' r 0 w = , C� r �x 5T01d V c ll_ e pf 5 � L .. m t40 r "17 CO ;� • 0 ��/ ? ! ► .• —WETLAND— ((� 7, h l 0 t Phragmites Management Area (9,673 sq. ft.) DRAIN Vegetation Management Area (9,250 sq. t.) Total 17 p a hu1 g ( )s . Plantings Property Boundary / N8-/ 00 7'501 V PHRAGMITES MANGEMENT NOTES VEGETATION MANAGEMENT NOTES Phragmites Management Area(9,673 sq.ft.):Phragmites will be controlled through repeated cutting of the aboveground stems using hand-held Vegetation Management Area(9,250 sq. ft.): mechanized equipment for 3-5 growing seasons under the following methodology. Prior to commencement of hand-cutting, any native shrubs will •❑Non-native and invasive species to be removed include: be flagged by a qualified ecologist to avoid incidental damage during Phragmites cutting. •❑Wisteria sp. •❑Year 1:In the early spring(March—April)Phragmites will be cut to 6" above ground level, and not lower. All cut material •❑Mile-a-minute weed(Persicaria perfoliata) and thatch shall be hand-raked and disposed of at an approved off-site landfill. Cutting shall be performed using commercial hedge trimmers,weed •El Poison Ivy(Toxicodendron radicans) whacker, and hand pruners. Cutting shall be monitored by a qualified ecologist to ensure that no native herbaceous plants or woody shrubs are removed. •❑Plume Grass(Saccharum sp.) • Phragmites shoots will be re-cut again in early June. Phragmites will be re-cut to a height of 18-24" above soil level. This cutting height will serve to •❑Bittersweet(Celastrus orbiculatus) avoid cutting native vegetation. •❑All existing native plants to be retained. •❑One additional cutting will occur as needed during the growing season(April—October). Cutting will only occur when there is substantial height •❑AnY disturbed areas are to be seeded with Switchgrass(Panicum virgatum ) difference between Phragmites and native vegetation to allow for cutting of Phragmites without damage to native vegetation. Phragmites shall be cut to at a rate of 20 lbs/acre. a height of 18" above ground level and not lower. Prior to eve cutting,the management area will be inspected b a qualified ecologist to identify and -017 Thuja sp.planted 6'on center(5'height) � 1�' � D' g� g p Y q g• fY flag any vegetation which shall be avoided. ADDITIONAL NOTES: •❑A progress report, including representative photographs,will be submitted to regulatory agency(s)by December 31 st of each year. 1. 2016 aerial orthoimagery from NYS GIS Clearinghouse(gis.ny.gov) •❑Recolonization of native vegetation within the Management Area shall be evaluated annually. If supplemental plantings are necessary to ensure 2. Survey prepared by John. C. Ehlers Land Surveyor, last revised 8/22/18 the long-term eradication of Phragmites,planting plans will be developed accordingly. 3. Survey georeferenced to orthoimagery(RMSE= 1.6) _ •❑Years 2-5: Up to 2 cuttings per year to a minimum height of 18" (i.e. cut height shall not be shorter than 18"). _ °.f _ - E N [ Prepared By Land Use Ecological Services,Inc Project:Phramites and Vegetation Management T T Ts 570 Expressway Dnve South,Suite 2F For Forchelli 1 m=30 ft and lJ Medford,NY 11763 At- 1635 Meadow Beach Lane,Mathtuck SCTM #1000-116-7-8MAR - 4 2019 o 10 20 Date 1/30/2019 Revised 2/25/2019 Scale As Noted Sheet 1 of 1 Sou!hold Town Boar of Tr st e 5 U RV EY Of LOT 22 N A5 SHOWN ON A CERTAIN 5U6DIVI510N MAP ENTITLED"MAP OF HARBOR VIEW AT MATTITUCIC FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY AUGUST 21, 1987 A5 MAP NO.8,377 51TUATE: MATTITUCK - : , -,,,, TOWN : 50UTHOLD r � I 5 U FFO LK COUNTY, NY I SURVEYED 03-01 -2018I i WETLAND LOCATION 10-1 -2018 � � 0 5 2019 - S SUFFOLK COUNTY TAX MAP # 9 LOT 23 1000 - I IG - 7 - 8 CERTIFIED TO:ROSAR LLI FIRST AMERICAN TIT I EOINSUERANCE COMPANY 557007'50"E FENCE ALONG PL " 35 1 .451 " R=50.00' CV I Q CVRD 'o L=5 4.55' ENMR AC CE �P a� f• 1 � Qrj r1 stjjwR. 2 z \� R-25.00 4T L=30.77' eco o ,//" P" r r �\ F� Q 9y STONE _ fV�Q1 1/9I{L'� 4 f r � /ten/ `�^ .40 �s v� 2co �o ; i " n \ ^WETLAND^ C� n0 40 70 STEPS 0\ 1 o /J, ls� • �' RETAINING WALL I p 1 0Ul11M OAF COVER N II ,! 6 V DRAIN 71 •��� ZONA 5.�6 PATH UT E............................ pp aDED�� GUY .................................. WIREf t 1 O WALK 1 O ^,RjVEW*- ' (5 700 715 01 W pal� FENCE ALONG P/L 256,44' LAND NOW OR FORMERLY OF: NOTF5- F JULIE E. AMPS 'Unauthorized alteration or addition to a survey ® MONUMENT FOUND JOHN C. E H LE RS LAND 5 U RV EYO R JOSEPH R �� map bearing a licensed land surveyor's Baal is the violation of section 7209,subt division 2,of w.' REBAR FOUND A. LEE ��V`Cj,E,7�n�°� New York Slat•.Education Law. C 5PLti RAIL FENCE ��Q `C� "Only copies tram the original of this curve i inal of the Iand surve or s -� VINYL FENCE ( sto marked with on ormped seal shall be considered to be valid true METAL FENCE G EAST MAIN STREET N.Y.S. LIC, NO. 50202 Landward Limit of Tidal Wetlands a5 Delineated on 8/22/18 by * � ' copies X— �� ' / "Certifications indicated hereon signify that this Area = 50,1 1 1 Sq. Ft. RIVERHEAD, N.Y. 11901 3G9-8288 Fax 3G9-8287 C.W. Bowman/Land Use Ecological Services with numbered flags P# !'' survey was prepared in accordance with the ex- isting Code of Practice for Land Surveys adopted Area = 1.15 Acres <i by the New York Slate Association of Professionol GRAPHIC SCALE I 30' longslandlandsurveyor.com �1� �o Land Surveyors Said certifications shall run only /Y Sn to the person for whom the survey is prepared, and on his behalf to the title company,government- to,FLOOD ZONE LINE ANNOTATED FROM FEMA F.I.R.M. 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