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HomeMy WebLinkAbout1000-107.-3-4.1 OFFICE LOCATION: ��OF SO(/ryO 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 G • Telephone: 631 765-1938 eUUM`I,�� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, Assistant Town Planning Director, AICP LWRP Coordinator Date: August 9, 2021 Re: LWRP Coastal Consistency Review for BRIAN & BARBARA NOLL SCTM# 1000-107-3-4.1 BRIAN & BARBARA NOLL request,an Administrative Permit for the as-built removal of one (1) dead tree, to prune trees and to create a 4'x25' woodchip access path. Located: 450 Maple Avenue, Mattituck. SCTM#: 1000-107-3-4.1 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 action is INCONSISTENT with Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 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 The work was performed without obtaining a Wetlands Permit. 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 EIVED Town of Southold ,�°C' LWRP CONSISTENCY ASSESSMENT FORM AUG 0 5 2021^_ Southold Town A. INSTRUCTIONS Planning Board 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 significant_ beneficial and adverse effects upon the coastal Town - area(which includes all of Southold 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 NOS, SCTM# /0-7 PROJECT NAME ( ,� 'G- ;t4 r lBc 11 y (� The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 257 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: N Nature and extent of action: gz-to a V41 r G 1"e,_ CS pj,L v�j ./VCI Ccs NARRATIVE TO ACCOMPANY ADMINISTRATIVE WETLAND PERMIT 450 Maple Lane(Avenue) Mattituck, NY 11952 Applicants: Brian and Barbara Noll `October 2020-Called th_e_Departm_ent_of Environmental Conservation.-M Called the Department of Environmental Conservation (DEC). Spoke with Darlene Defabio @ (631)444-0295. Discussed removing a dead tree approximately 90 feet from the mean high-water line. Also discussed pruning of several trees of dead limbs and the establishment of a path of wood chips to allow access to creek for kayaks. She commented this this should not be a problem. She commented that the full clearing of a property that is 300 feet from the water is a problem and is not permitted. November 2020—Removal of Dead Tree, Pruning of Trees Removed dead tree approximately 90 feet from mean high-water line. Pruned trees whereby most trees had dead limbs on property, and several were within 100 feet from mean high-water line. Cut up large sections of trees for firewood and chipped all limbs that were cut. Moved pile of wood chips via wheelbarrows to 10 feet from mean high water line to establish path to allow access to creek. February 2021-Placement of Woodchips Moved woodchips via wheelbarrow on wetlands to establish 4-foot-wide access path to creek shoreline. May 1,2021-Receipt of Ticket-Summons B0074 Met with Bay Constable Officer Joseph O'Leary. Received ticket for court appearance. Ticket claims"move dirt, cut and prune trees in wetland area without first obtaining a permit." Please note that NO DIRT WAS MOVED... ONLY WOODCHIPS WERE MOVED. This can be evidenced by the inspection of property. May 20,2021-Applied for Wetland Work Permit Applied for permit along with fee for removal of a tree, pruning of limbs, and establishment of path in wetland area (within 100 feet from mean high water line). As per Diane of the Town of Southold at(631) 765-1892,we should determine from court appearance what is necessary as this is an "after the fact" action. June 16,2021-Court Date Pleaded not guilty to Summons 80074. Per discussion with Mr. Damon Hagan,Assistant Attorney for Town of Southold, an application for an Administrative Permit should be requested for the removal of the dead tree, pruning of limbs, and for the access path made of woodchips as per Section 275-11-10 of the Town Code. As part of this discussion, I reviewed the details and dates in this narrative along with the survey. June 28,2021 Measured 100 feet from mean high water line with 4 ft reflective plastic stakes and marked where tree was removed (90 feet from mean high water line)with an orange construction cone. / P �j Location of action: g5_0 AAI)L Lem& CAlevvv'1�-) Site acreage. e r Present land use: i G�2s-r7 Present zoning classification: % S 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: �� �'� `© / �- ASI (b) Mailing address: - �� b��� / ' P. •✓ �� �� (c) Telephone number:Area Code r" rro 0 10,6 (d) Application number,if any: VIA, Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No.124- If yes,which state or federal agegc�,? 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 l.. 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 eva'�1 on criteria. 54-Yes ❑ No ❑ Not Applicable o 0(' o L L U Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LNW Sect}iioon�III-Policies Pages 3 through 6 for evaluation criteria Yes I_-.1 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 LZJ 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 LWRj? Section III—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 III —Policies Pages 16 through 21 for evaluation criteria Yes 1--1 No ❑Not Applicable 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. a � 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 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. nn Ye ] ' No❑ Not Applicable C iC SS S l d Attach additional sheets if necessary 4' WORIUNG �d I'D Policy 10. Protect,Sol]th,old!s,i6l6r,-d6Oefide i suiiable,locations. See W, 6s n' ', NoM Not Oe VC Ar, P 4- Attach additional sheets if necessary Policy !I. Promote sustahiable'"Use",oif livin-i'ma"n,he resources.inong, Islind"Sound" e Estuary and Town waters.SeelLYMP,Sectloh 1H Policies;Pages,57 through,,61 for"evaludlion "a" lo, NO El es NotApplicable, Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. Sea LMW Section hl—Policies; Pages '62 through 65 for evaluation criteria. FJ NoD Not Applicable % Attach additional sheets if necessary PolRY icy 13. 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