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HomeMy WebLinkAbout1000-123.-4-11 OFFICE LOCATION: � s® �® MAILING ADDRESS: Town Hall Annex �e® �® P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY 11971 ® �® COUNTV,� ' 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: January 16, 2024 Re: LWRP Coastal Consistency Review for 2740 DEEP HOLE DRIVE LLC SCTM#: 1000-123-4-11 En-Consultants on behalf of 2740 DEEP HOLE DRIVE LLC requests a Ten (10) Year Maintenance Permit to selectively hand-cut using only handheld tools, i.e., no heavy machinery, a 5,579sq.ft. area of common reed, Phragmites australis, once annually (between July 15 and August 1), to a minimum height of 12" above root base, with no disturbance to any other naturally existing vegetation; and remove cut shoots for disposal at an approved upland facility. Located: 2740 Deep Hole Drive, Mattituck. SCTM#: 1000-123-4-11 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 LWRP Policy 6.3 and therefore, INCONSISTENT with the LWRP. Policy 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. The work is proposed in a Non-Disturbance Buffer established in a Wetlands Permit(10398) issued in 2023. 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: Honorable Lori Hulse, 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 si nificant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 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- supportin 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 RECEIVED SCTM# 123 - 4 Y) JAN 0 8 2024 t PROJECT NAME 2740 Deep Hole Drive LLC 1 Southold Town Planning Board The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees VN 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: Using only handheld tools, i.e.,no heavy machinery,selectively hand-cut approximately 5,579 sf area of common reed,Phragmites australis,once annually(between July 15 and August 1),with 10 years maintenance,to a minimum height of 12 inches above root base, with no disturbance to any other naturally existing vegetation;and remove cut shoots for disposal at an approved upland facility, as depicted on the survey prepared by John Minto,L.S., last dated December 18,2023. l � Location of action: 2,740 Deep Hole Drive,Mattituck Site acreage: 2.13 acres Present land use: Residential,single-family dwelling,accessory patio, and dock Present zoning classification: R-40 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: 2740 Deep Hole Drive LLC (b) Mailing address: c/o Stanley Lomangino,Member PO Box 1239, Mattituck,NY 11952 (c) Telephone number: Area Code 631-796-8760 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No ❑ If yes, which state or federal agency?New York State DEC 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 M Not Applicable 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 M 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 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 ❑ 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. ®Yes ❑ No ❑ Not Applicable The application seeks a new 10-year Phragmites maintenance permit to replace Wetlands Permit No. 8306A, issued in September 2013, which was determined to be consistent with the policies of the LMW. As with the prior approval,the proposed Phragmites trimming would occur once annually using only handheld tools,i.e.,no heavy machinery,with no excavation or soil removal, and no disturbance to any other naturally existing vegetation. The cut shoots will be removed for disposal at an approved upland facility. The intent of the trimming is to help control the spread of the common reed throughout the adjacent wetland and upland areas. The project will therefore again be consistent with the goals of Policy 6,particularly to protect the quality and function of the adjacent tidal wetlands ecosystem of Deep Hole Creek. 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. ❑ Yes ❑ 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 LWRP 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. ❑ Yes ❑ No ® Not 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 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 TITLECoastal Management Specialist DATE 1/3/2024 Robert E. Hemnann Amended on 811105 R 2740 DEEP HOLE DRIVE LLC,2740 DEEP HOLE DRIVE ROAD,MATTITUCK f Figure 1. Looking south toward Deep Hole Creek at area of Phragmites to be trimmed. 119 :kx ` f�, p r• r its lelt- r fi• 2 t L y• + W a, •. L ram• . Figure 2. Looking southwest toward westerly property line at area of Phragmites to be trimmed. 2740 DEEP HOLE DRIVE LLC,2740 DEEP HOLE DRIVE ROAD,MATTITUCK • 5 ti), i•tf � `�:/r 'l�r, � { f� ��i�X. 1, I � I b �r�' t. ���,1.y - (�{may,Y W"% *� • l" K �I Ir_ � 1� � ! 11��1 �i ;���. Figure 3. Looking southeast toward easterly prupertr line at area of Phragmites to be trimmed. Area Note: ALL SUBSURFACE STRUCTURES; UNAUTHORIZED ALTERATION OR ADDITION awawrrst JM CWCOgy JM WATER SUPPLY, SANITARY SYSTEMS, TO THIS SURVEY IS A VIOLATION OF DRAINAGE, DRYWELLS AND UTILITIES, SECTION 7209 OF THE NEW YORK STATE 92,749 sq.�} DEC. 2021. 00FUDAM l` SHOWN ARE FROM FIELD OBSERVATIONS EDUCATION AND OR DATA OBTAINED FROM OTHERS. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL 2. 13 acres OR DRMcNo.: 21\DEEP HOLE DR THE EXISTENCE OF RIGHTS OF WAY EMBOSSED SEAL SHALL NOT BE CONSIDERED AND/OR EASEMENTS OF RECORD IF TO BE A VALID TRUE COPY. ANY, NOT SHOWN ARE NOT GUARANTEED. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS , ANDHIS BEHALF TO DATUM NA VD f988 TIT EREPARED COMPANY, GOV°ERNMENTTAL AGENCYTHE AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. GUARANTEES ARE NOT TRANSFERABLE. LOCATE NWIA,'.D FLA'C'S SEPT. f2,2022 MATE AODITIOI.!WIFTLAM F1115 KO.V,"..-R 23,2022 LOCATE UPITS OF Pl'',Ar!"ITES 81012023 ADD MOTE'S DEC fS,2023 a :r S83020140T L=4 0.8 8' Ar.Lrp HOLF DR111F2f.f?' R=f 47.3 5 x 6.92 x1.12 I 6g4 x x6.84 I 6.18 1•p4 1 6.91 6.81 edge of uhlity pale R'� - pavement t t5 1.22 7. / guy ° 11.02 apron 1,10 Ater valves � 111 1.11 J elecMc � drain / \ AP i 4 � O 1 1.22 I x 6.16 :1.15 ss 1.26 I x 6 / 1 1 II II I _ 01rM -'F FLAG I I 1 I I `1.1 .20 / 64\1.96 1.06 i \ //' metal fence I Z MAa"rr:FIA" 5.24 O \ 69 h O �6, s1t I / OPAPI^FFLA41 I / Ste\\ idone wall r M A y// 666 66 46 1� ` 0^.A�'^F FLAG 4.68 \ dram I / 41 1 I 6• o Ar ' nI rn g 1 C r(ete stab \ ® \ \ KUM FLAG F 29 % \ x 6 38 satellite dish � \ {�'ETLA"D FLAG F?8 ',0upY below�RIYe" lan9rade I \\ / drain I �� V:MA!M FLAB F 27 dram _ a 6.43 1 I 6.64 06 I ` 663 \ / V,MAV W 9 F 26 ; I 6.99 1•� \ e \ I cto urbm9 ESTUP"D FLAG E-25 DRIVEWAY I r 7.46 144 � n 1.46 1.18 \ I e 1ai l I sto \ \ II / x1.25 walk �e �5.a's9, 1,59 cram �s {".`ETW"DFLAGE-24 _ � h• 14 � � 10 4 \ 11 II I 8.62 642 �9.0' ,.89 �pRIVEWAy �.\ 141 \\\ . `I a.i, 613 bay pan L1.a 19\ 1i I \ K.'7L ND W"r F 23 metal fence x \ \ I o w N2.0' GARAGE 8.1 curb1.18 \(\ \\ \\ 6.4 - 1 e 8. 0a5 1.9' 2S{OAy p►� \\ x1.a3 / �\ \. / \ \ en steps trance �� I I \ w 11.62 6.92 1 I \ 00 r SIA"D FMj'E-22 - 1 room ro step _ / /\ / � \ x 6.61 1 \ PATIO N.'FTU."D FLAG F2f a.55 MUND FLAG E 20 O \ x 5.61 � I \� Vl^7LA''D FLAG F f9 VULR.�DFIA9E f I ,/ N.'TO,1.1)FLAG E-2 TIDAL V17LAOS EOU DAN, 3 a6 •�., �s,\ x 5.15 = - f0OI WETLAND-SMACK LINE AS DELINEATED DY Et! Co,5ULTAA75, 9-f-22. -- VVETIAM FMI x 611 ,/ YTTVIND FMC F f8 5 V\ \ \ Note: 51 proximately 5,57E sq.ft.area of existing Phragmifes to be selectively kand--cut_lard tools-onr/no CST 4' hagvy machinery)once annually between July\l5 and AugusH-with 10 years maintenance)to a 'S A FLAB E-� minimum height 6 11 inches above root base;�o/other vegetation is to be disturbed;cut shoots // e+� �� V. VD FU''4 7 \ \ , to ie removed from site for disposdl at approved upland facility OI((0 // �t \ �• \ } 118 ; \ •; I"'"7 �'D FIRS E-5 \s x 564 a,,5100 .. �\ Approximate landward limit of Phragmifes V.CTLAA.O FLAG E f2 p}IRr4i6M �_ 4 W IEW.'D FV 1 E44 {":'MIND FLAG E46 \<'° ".*,, ' V''eTll.a1)FLAG E-9 W_7LA!,")FIAG E-f0 V MAM FLAG F f3 {!"?LAI:"J WO _ x 331 V ITLAtrd FL�'G E-f5 y lZ6. .,\ I ., WETIM)FLAG E-ff__ ,�; Landward limit of Phragmifes: - ___--- Yr~ /0f'"� >NI _ INE 55 / ZZ 57 1� 1.65 1.63 1.65 1.12 1 V I'MU!'D FLAG E-6 1.59 77.7 f f2.74' 58503314811W V ULAM FLAG E-T rtl DOCK DEEP 14OLE CRE ch RAMP FLOATING DOCK UDI� JAN - 2024 Southold T--,, rd of Trustees Topographic Survey of Property �pF N� situate at SO ."I NT° "� Mattituck Town of Southold J LAND SURVEYING (� F Suffolk County, New York Mintoville@aol.com �`�' y SUBDIVISIONS �a s�� Tax Map #1000- 123-04- 11 TITLE MORTGAGE SURVEYS �A N TOPOGRAPHIC SURVEYS D Scale 1 "= 30' December 29, 2021 SITE PLANS GRAPHIC SCALE John Minto, L.S. Jacqueline Marie Minto, L.S. LICENSED PROFESSIONAL LAND SURVEYOR LICENSED PROFESSIONAL LAND SURVEYOR 30 0 15 30 60 120 NEW YORK STATE LIC. NO. 49866 NEW YORK STATE LIC. NO. 51085 Phone: (631) 724-4832 P.O. Box 1408 Smithtown, N.Y. 11787 ( IN FEET ) 1 inch = 30 ft.