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Home My WebLink About1000-70.-10-59 1 . OFFICE LOCATION: rJf sn�jyo MAILING ADDRESS: Town Hall Annex �� lQ P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 • Telephone: 631 765-1938 COUM`1,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: December 8, 2021 Re: LWRP Coastal Consistency Review for RICHARD LIEBOWITZ & CONSUELO PROL SCTM# 1000-70-10-59 Michael Kimack on behalf of RICHARD LIEBOWITZ.&,CONSUELO PROL requests a Wetland Permit for a Ten (10) Year Maintenance Permit to trim the phragmites within a 1,550sq.ft. area to no lower than 12" from ground for the first cutting; phragmites then cut to a maximum of twice per year with subsequent cuts no shorter than 18" from ground; all non-native species within the 1,550sq.ft. cutting area to be removed; all cutting of the phragmites and non-native species will be by hand and the cut vegetation removed from the project site and disposed of at an approved site. Located: 1000 Beachwood Lane, Southold. SCTM# 1000-70-10-59 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 CONSISTENT with the LWRP and therefore CONSISTENT with the LWRP. 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 Town of Southold 111 LWRP CONSISTENCY ASSESSMENT FORG❑ E3 :� 2021 INT �t;ISL("riaii Cov-,n A. INSTRUCTIONS pja;,;-i;rg Board L 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 s_ienificant 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 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 A TION SCTM#1® PROJECT NAME The Application has been submitted to (check ap ropriate resp se): 157 Town Board ❑ Planning Board❑ B din pt. ❑ Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ constriction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant,loan, subsidy) (c) Permit, approval,license, certification: Nature and extent of action: NARRATIVE TO CUT PHRAGMITE AUSTRALIS AND NON NATIVE SPECIES 1. The phragmite will be the sole tidal wetland plant to be subject to cutting criteria under an approved ten( 10)year cutting and maintenance program as follows: a. First cutting to no lower than 12"from ground (Southold Town Trustee requirement) b. Phragmites then cut a maximum of twice a year With subsequent cuts no shorter than 18"from ground ( DEC requirement) 2. All non native species within cutting area to be removed 3. All cutting of the phragmite and non native species will be by hand and the cut vegetation removed from the project site and disposed of at the Town of Southold solid waste facility.Cutting area approx.. 1550 SF s Location of action: /O ®8,�7,�,��1�(/O®� � �/, f C)lf7f97,ow AlYA-1 f7/ Site acreage:_ Present land use: Present zoning classification: R �Q 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: C¢f4RP �,lZa 172 Z (-V -J. (b) Mailing address: 3,AW. �� 14! ,,c (c) Telephone number: Area Code (d) Application number,if any: A� Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No Z If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. ]Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes ❑ No Not Applicable 4 IN 31/,1-9 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 Aul Not Applicable Attach additional sheets if necessary I ---- 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 9 Not Applica le Attach additional sheets if necessary — I NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natura resources from flooding and erosion. See ]LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes ❑ No W Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve, water quality and suppl in the Town of.Southold. See LWRP Section [11 —Policies Pages 16 through 21 for evaluation criteria Yes 0f 1 i No ®Not.Applicable I - Attach additional sheets if necessary — — -- Policy 6. Protect and restore the quality and functio of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife habitats and wet l nds. See LWI7P Section III—Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes No Not Applicable -. A7-40C y ( >v/tea I i Attach additional sheets if necessary I Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. I ❑ Yes F—] No Not Applicable AIAi Attach additional sheets if necessary — I i Policy 8. Minimize environmental degradation in Town of Southold frond solid waste and hazardous substances and wastes. See L,WRP Section III—Polici s; Pages 34 through 1,8 for evaluation criteria. ❑ � Not Applicable Yes 1:1 No PUBLIC OAST POLICIES Policy 9. Provide for public access to, and, recreational use of, coastal waters, and public resources of the Town of Southold. See LVVRP Section III -Policies; Pages 38 th oughl46 for evaluation criteria. ❑ WE] NoIZ-] Not Applicable Attach additional sheets if necessary — _ i WORKING COAST POLICIES Policy 14, Protect Southold`s water-dependent uses Ind promote siting of new water-dependent lyses in suitable locations. See LWP:P Section III—Policies; Pages 47 through 56 for evaluation criteria. i ❑ Yes ❑ No,® Not Applicable kA ID Attach additional sheets if necessary — — Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Pecouic Estuary and Town waters. See LWRP Section IBI—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ Nor Not Applicable W ZS &KPa'c7-" Attach additional sheets if necessary — Policy 12. Protect agricultural lands in the Town of outhold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No V-evn-J Not Applicable ry Attach additional sheets if necessary — —_ Policy 13. Promote appropriate use and ,developmen of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑'Yes ❑ N0,9 Not Applicable A A11.4 ` PREPARED PREPARED By - � _ TI TLE_ 6 DATE l7 20 � , I Environmental Colnsulting Wetland Project Management 425 Montauk Highway East Quogue, NY 11942 (631) 369-94145 www.ColeEnvircLnment4lServices.com September 17, 2021 r Richard Liebowitz 1000 Beachwood Lane j Southold, NY 11971, Re: Site Inspection &Wetlands Evaluation i OVERVIEW The client, Richard Liebowitz, expressed the desire to remove vegetation on part of his property located at 1000 Beachwood Lane in Southold, NY. It was recommended that f�e contact Cole Environmental Services (CES) to assess the existing vegetation. On September 11, 2021, CES conducted a site visit and documented the property using ground-level and drone photography. i FINDINGS Upland Area I The south-west side of the property was primarily vegetated With non-native/invasive species. Some idgenous species were present. Below is a list of species found in this aIea of the property. Non Native/Invasive Species • Black Locust Tree • Tree of Heaven • Phragmites • Mugwort • Privet i • Mile-a-Minute i • Bittersweet I Native Species • Groundsel Bush • Green Briar • Posion Ivy • Goldenrod I i i I i I Environmental Consulting Wetland Project MaInagement 425 Montauk Highway East Quogue, NY 11942 (631) 369-94145 www.ColeEnvironmentJlServices.com I CES advises that the non-native/invasive species within the reed outlined area shown in Figure 1, be removed with hand tools (ie: not large machinery). Native plants should remain untouched or transplanted. Once the area has been cleared, CES recommends vegetating ithe area with low lying native vegtetation. If designed properly, the native vegetation will, enhance the landscape while allowing for views of the water, prevent erosion, help improve the local water quality, and support pollinators. CES can recommend a landscape designer to create a plan and complete the removal/!nstallatign as needed. E� •t�''�� `'R�Zt D '� J•*aT� { �' •7 l-1 �/ -•i-fl,Ffk'•a-• WIN 41 NRA q, f� ?. :t�.- -F ;, ys'��.b+> �''S'�ff n';'-'•Sj 2i`?n ; y`'"di:� i "• ,� "i � ,1<3 s``� :,.i9.��S++Zs��45r{''ri t f,X't�s'_��SL- �n3y` ^, �'r ry 'nsFts f ';jFr^'1r,.,...rc '9 w `N Y,d•- '4✓ '' w ► .tea �� F�j`'3' e.>{ '"J�� >�,` t,'tst.`y;''�,j�1�,i• s��.e.c�� ,��: `s!"�. Figure 1 i i . i i i N Environmental Colnsulting Wetland Project Mjnagement 425 Montauk Highway East Quogue, NY 11942 (631) 369-9445 www. :OltE_nV1rOrjrjjentz IServices,com Below is a list of native species that CES recommends be plan ed, among others, Please note that straight species should be chosen over cultivars or hybrids. • Butterfly Milkweed I • Native Goldenrods • Native Viburnums j • Bayberry • Switchgrass • Native Asters • Little Bluestem Grass • Big Bluestem Grass I • Virginia Rose • Evening Primrose j • Groundsel Bush • Bonset • Pennslyvania Sedge Grass Wetland I The wetland area outlined in blue in Figure 2 below, appears tQ be a healthy wetland habitat. No non-native nor invasive species were noted during the inspection, I I i I i IV E S Environmental Consulting Wetland Project Management 425 Montauk Highway East Quogue, NY.11942 (631) 369-9445 www.Col(?Env'ironMentalServices.com 1 � M ti, SAS t �} ►r' t w ( iy rt � {(k Hit`�i'�r Figurf�2 �) .i Environmental Consulting Wetland Project Management 425 Montauk Highway East Quogue, NY,11942 (631) 369-9445 www.ColeEnvironmentalServices.com CES RECOMMENDATIONS It is important to note that while the water is a draw for residents and visitors alike, many commonplace practices directly harm the health of the water. The ease: end of Long Island is a fragile ecosystem, and small changes can have a significant positive affect. To take full advantage of the property's natural beauty, CES recommends a few simple improvernents. Plant native gardens and rain gardens. Properties on the water are not only environmentally sensitive, but they are also becoming more vulnerable as climate change progresses. A major concern for water front homeowners is flooding. Strategically placed native gardens (rain gardens) near gutter downspouts can protect hones and landscaping during storms and protect the health of the waterway, benefiting the homeowner and the local ecosystem. Unlike turf grass, native plants have deep root systems. These deep roots absorb significantly more water during storms, helping to prevent or reduce the affects of flooding. The root systems also help to filter pollutants from directly entering the water, thus having a positive impact on water quality. Install a Tick border Install 3' wide wood chip, stone,gravel, etc border in between planting areas and lawn area to deter ticks. Reduce fertilizer use, where applicable. Excessive amounts of nitrogen negatively impact the waterways, causing fish kills and harmful algal blooms. Nitrogen commonly enters the waterways during rain storms. It should be noted that the correctly choosen native plants do not require fertilizer. A native buffer along the water would help filter and prevent fertilizer from directly entering the water. Install a smart sprinkler control. Smart sprinkler systems work with your current sprinklers and are WiFi enabled. They use local weather forecasts to prevent watering during storms, which will save water and help prevent flooding. Chris Cole Cole Environmental Services 1 fY�.��s�.ytf .r•f r 'i .+ e+ .LAUJ tin 3 '� •� XP-16, ��' �•�•+� T . .. rr a ..rtj* C,• �'�; PS � .y �j. � �•'� r� .aft .� �'j 0, ° �• ..� j• }• - � , �1 fY'r>I` �''!d• !t} ?'! r fate !. s �-j •-d"`}�n?r£�FY y1,5,g�Ia,�, ,�� r y}k��tt++t��r'� �� '•.."� y ��j'� ; ++` pJ �a�=3^,k '��' ..1 p Y'�rjfnss ♦ '� �` :d..n �A}[�� ,( hi I I Ell I d7 V;rN{A�jtl,, � f � µ �' .r qi• ' c,�:�'� y r . 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Y \ /A- i" ' :t `� <. t• s '>'; ��}(�1� ,4 �4 r�.;`: t rhe •� � _ - :sem•` A.�a � J;. ��' J r�r�r/iY�•]7;�1� r' 4 �'�,+ t �..� i �,t, i 444•• i1 �,�,0 /t �. +� c Yi +•`y .i c,� `tSc a !" •t 1 kyr i �+may ,�. r..�"',<.,�iv+,L'�h..• .. .`�1.`�,..� + `t��;N..� fir• � .it � + I 1=,:�� ..y� �,3�.,�. ,��d 'sem u 1 � t�yr `• �' " :�h "I ► vvUUD LANE asphalt roadway ' R= 196.00, =90.00' LOT 52 01 0 23."T \\ N ON Z\ C �y\,\�S'S gTpOP o �s.e� \il 20.5' II RY �W J\�\, FRAM�O��5E � ��i i, \\, J Ce N GARP �" - rJ � iQ 39.6' tiADED X ' 1 FDEGK\\ ZON�"A� 5 O l3 ti 1 Phragmite cutting area ITE AUSTRALIS approved under Trustee permit 9708 N8502G' 67, 74' idal wetland 4 iteria under an approved mance program as follows: !r than 12"from ground 0 0 5f, _? requirement) G I)Liebowitz residence 2021 Looking SSE 1 AO Taken Oct. 18,2021 Looking SW 4. _ .7 (3) Liebowitz residence Taken Oct.18,2021 Looking SSW (4)Liebowitz residence Taken Oct. 18, 2021 Looking NW foo u en 4 COUNTY 01 SUFFOLK 070 r 5 U RV EY Of LOT 52 N AS SHOWN ON A CERTAIN MAP ENTITLED"SUBDIVISION MAP OF SOUTHWOOD" FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY NOV. 24, 1953 AS MAP NO.2141 � � t% 51TUATE : 5OUTHOLD TOWN : 5OUTHOLD 5UFFOLK COUNTY, NY SURVEYED 12-05-2018 E D 5UFFOLK COUNTY TAX # 1000 - 70 - 10 - 59 0V CERTIFIED T0: 1 202' Consuelo Prol Southold TOWr► Richard Liebowitz Board of Trustoes Stewart Title Insurance Company - BEgCHWOO asphalt roadwa SANE Y R= 1 96.00' =90.00' H=S84°400Gll LOT 5 2 o O q O �\J In-, O� Q \\ Of / aO t \1 5TOOP Q 15 9 11,1 h y 205 I I J \\� 0 I I \\ o• 5 hoU5t AC \\ NO U %rCY - cq 39.6 P ``• ADED .8� Oi Ns ,' 00 J 0) r� \ 0 N85° f 261 67.74, O 05f, G F.E.M.A. FLOOD ZONES SHADED X t AE (EL 7) FROM F.I.K.M. PANEL 3G 103CO I GGH NOTES A "Unauthorized alteration or addition to a survey ® rf&.. mop bearing o licensed land surveyor's seal is a MONUMENT POUND H C. A\ /+ C violation of section 7209, sub—division 2, of the J O 1 I N `/. E H LE R5 LAND 5 U RVEYO R ��`r G.~�4��r� New York State Education Law" STAKE SET 'Q (C� "Only copies from the original of this survey N marked with on on(nal of the land surveyor's stomped seal shall be considered to be valid true _t copies' Area = 25,507 Sq. Ft. G EAST MAIN STREET N.Y.5. LIC. NO. 50202 i1 !7 "Certifications indicated hereon signify that this Area = 0.59 Acres RIVERt1EAD, N.Y. 1 190! 369-8288 Fax 369-8287 �� ` sarvgey was prepared.n accordance wdysh ihepex— r isun Code of Practice for Land Surva ado led by the New York Stale Association of Professional LO Land Surveyors Said certifications shall run only eSUf Ve o VS Jto the person for whom the survey Is prepared, G PHIC SCALE I"= 30' J y@ ptonllne.net L� �1� and on his behalf to the title company, governmen— t' 02�2 cj�C` tat agency and lending Institution listed hereon, and "}"•�r,akdui to the assignees of the lending institution Certdico- 18-1 G4 lions are not transferable to additional institutions 1 LIEBOWITZ PROPERTY N 1000 Beachwood Lane , Southold, N.Y. 11971 PROPOSED CUTTING OF PHRAGMITES E AND NON NATIVE SPECIES p�p Represented by Michael A. Kjmack C E Q V E Date: October 18, 2021 D CERTIFICATION NOV 1 2021 1 hereby certify that this is a Template of a survey by John C.Ehlers Licensed Surveyor dated 12/5/2018 with an overlay of the Proposed Southold Town Cutting Area.No details or features which could bear upon this Board of Trustees application have been �omitted. 9 Michael A. Kimack,Agent, October 18,2021 11FA-\CH w'0O asphalt roaclwa Y R= 196.00' =90.00' h=-984049,1 G LOT 5 x� ° h �i O 0, Z �} SFS\N l O 23� `�� 0\\\ lS O\\C� N C0 plc ro 159 �1 rj 11 I I O l i o i 5T N�USE pC ii J\\ \\ N 11 GAUGE �J c9 39 6 NADED y ' 2 ZONf_5 L �O\ � DE `9 �0 1 � � 111 Ns i r Q/ 77y 1 Phragmite cutting area NARRATIVE TO CUT PHRAGMITE AUSTRALIS approved under Trustee —o �� permit 9708 AND NON NATIVE SPECIES 0) 1. I ' G 7.74' 1. The phragmite will be the sole tidal wetland , Y plant to be subject to cutting criteria under an approved five(5)year cutting and maintenance program as follows: �V G a. First cutting to no lower than 12"from ground O n5 (Southold Town Trustee requirement) `�G T ` b. Phragmites then cut a maximum of twice a year t i With subsequent cuts no shorter than 18"from ground F E.M.A. FLOOD ZONES SHADED X >t AE (EL 7);FRbM F.I.K.M. PANEL 3( 1 0300 1 6611 (DEC requirement) 2. All non native species within cutting area to be removed 3. All cutting of the phragmite and non native species will be by hand and the cut vegetation removed from the project site and disposed of at the Town of Southold solid waste facility