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Home My WebLink About1000-10.-5-13.3PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND To: PLANNING BOARD OFFICE TOWN OF SOUTHOLD James King, President Town of Southold Board of Trustees MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: August 21, 2006 Request for Wetland Permit for NOL, LLC SCTM# 10-5-13.3 J.M.O. Environmental Consulting, Inc. on behalf of NOL, LLC requests a Wetland Permit to construct a single-family dwelling. Located: Private Rd., Fishers Island. SCTM#10-5-13.3 The proposed action has been reviewed to Chapter 95, 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 the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6 Protect and restore the quality and function of the Town of Southoid 1 ecosystem. 6.3 Protect and restore tidal and fresh~vater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees' laws and regulationx for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed structure setback from a tidal wetland is 48 feet~ a minimum setback distance of 100 feet is required pursuant to Chapter 275-3. Please have the applicant amend the application to further the above Policy to the greatest extent possible. CC: Shawn Kiernan, New York Department of State, Division of Coastal Resources Consulting berv,,?c s L_ ' / . J.M.O. Environmental Applicant: NOL, LLC. Location: private road, no #, Fishers Island S.C.T.M.No. 1000-010-5-13.3 JUl_ 2 2006 The project consists of the applicant's proposal to demolish an existing single family dwelling, to construct a new single family dwelling and install a new sanitary system. As part of my review of the Town's LWRP Consistency Form Section C, I offer the following comments regarding the Local Waterfront Revitalization Policies and this proposed project: Policy 1. I believe that this project is consistent with this policy because the project will not result in a negative impact upon the desired development pattern of the Town of Southold nor shall it result in the loss of the community and landscape pattern of the Town of Southold. Policy 2. I believe that this project is consistent with this policy because the project shall not have any impacts upon the preservation and retention of historic resources, or any archeological resources nor the Coastal Culture of the Long Island Sound. The reason for this is that the project site has previously been "disturbed" and developed. The property itself was previously disturbed when the existing single family dwelling, sanitary system, driveway and dock were constructed. · ' i Policy 3. I do not fbeheve that th~s pol cy is applicable to the project since the project will not have an impact on any scenic resource of the Town of Southold. Policy 4. I feel that the project is consistent with this policy for a number of reasons. The proposed single family dwelling project has been based upon sound engineering practices and designed to the minimum scale necessary. Phone (631) 653-0607 * Fax (631) 653-3348 121 Jessup Ave * 2nd Floor · P.O. Box 447 Quogue, New York 11959-0447 The project shall have no adverse impacts upon adjacent properties or to natural coastal processes or natural resources. The project shall have no impact on any natural protective features nor shall it have any impacts upon public lands or lands in public trust. Lastly, the project does not involve the management of a navigational infrastructure nor are public funds involved with the project. Policy 5. I feel that the proposed project is consistent with this policy for a number of reasons. The project does not involve any direct or indirect discharges that would cause any negative impacts upon water quality standards. There shall be no increase or decrease in the pH, the dissolved oxygen or nutrients in the waterway and there should be no increase in noxious odors at the project site. There shall be no increase in negative health impacts such as pathogens, chemical contaminants or toxicity nor shall there be any negative aesthetic factors involved with the project. As part of the project a continuous line of staked hay bales and filter fabric shall be installed seaward of the limit of construction prior to the commencement of construction activities and maintained throughout the period of construction activities. To mitigate any impacts on wetlands the applicant shall create a non-disturbed buffer zone landward of the limits of wetlands on now what consists of lawn area. The buffer zone shall consist of native vegetation. The project does not involve watershed development or the quantity or quality of potable water. Policy 6. I feel that the project is consistent with this policy. The project as proposed shall have no impact upon the ecological quality in the Town of Southold. There shall be no negative impacts upon the adjacent West Harbor by the destruction of habitat or significant impairment to the tolerance range of any species offish or wildlife. As stated in the previous section the applicant shall also create a non-disturbed buffer area of native vegetation. This will create an additional buffer to the adjacent wetlands that does not currently exist. The project should have no impact upon any vulnerable fish, wildlife, plant species or rare ecological communities. Policy 7. I do not feel that this policy is applicable to this project since the project does not involve any atmospheric deposition of pollutants. Policy 8. I believe that the project is consistent with this policy. The project shall involve the disposal of solid waste, debris fi.om the demolished dwelling, which shall be removed from the project site as part of the project. There are no hazardous waste or toxic pollutants involved with the project. Policy 9. I do not feel that this policy is applicable to this project. The proposed project shall have no impact upon adequate physical public access to coastal resources, shall not impact any public visual access to any lands or waters, involve the public interest in and use of lands and waters held in public trust or to public access of such areas. Policy 10. I feel that the project is consistent with this policy. The project shall have no impacts upon any existing water-dependent uses of the site nor is the project located on Mattituck Creek/Inlet, Mill Creek or within the Village of Greenport and does not involve water-dependent uses at those sites. Policy 11. I feel that the project is consistent with this policy. The project does not involve aquaculture or the removal of shellfish from uncertified waters of the Town of Southold nor shall it have a negative impact upon the long-term maintenance and health of living resources. Policy 12. I do not feel that this policy is applicable to the project because no agricultural lands are involved. Policy 13. I do not feel that this policy is applicable to the project since the project does not involve energy or mineral resources. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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. 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 Waterfi-ont Revitalization Program. A proposed action will be evaluated as to its significant 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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. ~ Building Dept. [] Board 0~¥rUstees ,~ 1. Catego~ of Town of Southold agency action (check appropriate respons~)V (a) Action undertaken directly by Town agency (e.g. capital [-~ construction, planning activity, agency regulation, land transaction) ~ Co) Financial assistance (e.g. ~ant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location ~. Site acreage: Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name (b) Mailing address: (c) Telephone number: Area Code ( ) (d) Application number, if any: ~- Will the action be directly undertaken, require funding, oral by a state or federal agency? Yes ~- No ~ If yes, which state or federal agency? K/'."(, [,~D~ ~. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southoid 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 Ill - Policies; Page 2 for evaluation criteria. [~Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~)~ 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 IH - 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 11I - 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 IH - Policies; Pages 22 through 32 for evaluation criteria. '~Yes [] No ~'~ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [] Yes [] No [~ Not nppHeable 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. ~es [] 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 HI - Policies; Pages 38 through 46 for evaluation criteria. ~-~ yeff-~ No~-Notnpplicable 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 IIl- 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 Ill - Policies; Pages 57 through 62 for evaluation criteria. ~es ~ 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 energ3, and mineral resources. See LWRP Section 11I - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No ~x~l Not Applicable Created on 5/25/05 11:20 AM -~o'-6' - ~ ~ $. ~' ANGLE 10' UP SLOPE FOR STABIL~ ANDSILT FENCE BACKED ' ~ ~ ~ t~ ~. ~ SELF CLEANING ~ ~ CONC~E C~RS ~ -~ ~ ~ ~ / NOT TO SCALE ~ ~¢,~,~;. Al X ''- ~SH~ 4'-~ROSIONoF~D~9 8/29/8~~~~~~ ~N~' ~ ~ ~ .... ~ '~ , , ,' u'", ~ 4" DIA. KNOCKOUTS 1.) SU~:Y MAP PROPER~ TO ~E CONV~ED ~ OLOF NELSON T~UST TO NOL ~ Z d. GEDDES PARSONS ~ ......... ~ ~ ,,.xX .... :'... ..... " ,::: ...... , .... '.'. .,., ~ ~ ~ . ,..,.,,. ......... . ~ 0~5 '." .,,.','- "' '" ,"' "' 1.) THIS SURV~ WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED m ~ __ LIMITS OF TIDAL W~~-~ X .~ ~ ~ ~ ~ EXPECTED .,G. gROUND WATER B~EEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE ~ m NOT TO SOALE ACTING UNDER THE DIRECTION OF A LICENSED ~ND SURVEYOR, TO ALTER AN ~ ~ 0 . ~ - iRON ITEM IN ANY WAY. O WEST HARBO TH~SIGNATURF~ND SUR~YOR.AND AN ORIOINAL EMBOSSED OR INK S~L ARE ~HE PRODUCT OF 8,) SITE ~S LOCATED IN R-120 ZONE. ~ p~ ~ SYSTEM. 0 S 10,) PORTION Of PROPER~ IS IN FLOOD ZONE VE(EL 13) & PORTION IS IN NUMBER 36103C0019G > 11.) EXISTING SEPTIC TANK AND L~CHING POOLS TO BE REMOVED. FrNAL ~ ~~~~o0' ~ ~ ~ / /- DESIGN OF NEW SYSTEM WILL BE COMPLIED A~ER SO~L TESTING, ~ ~w ~~ ~_~,/ ~ W 3585.13 x ~ WATER LINE ~ z ~~ ~% ~F~X.. .... rF FIRST FLOOR ~~ ~ BURIED UTI~I~S r~~/ ~ ~LOCATION EL~ EL~ATION ~ II I L ~b~ /~7, '-% x, '.,. , .. - / ' ~ ' '~,~',~ ,,', JUL~ o ~ ,, ~OMESTI SE / ~ ~ ~ ~ 10 ~ ~ ~XlSTING CONTOURS ',' - ~ ~ I BRUCE D. BENT ' ~,~%/ N:,,~ ~,,. N ~ o PROPOSED SILT F[NC[ ~.. o ~,~ ,~/ ~ "',"-. N ~b~ ~ TESI HOLE DATE'.02/17/2006 SCALE'. 1" QUALI~ CONTROL CERTIFICATION GROUP R~I~EO ~ LIMITS OF FRESHWATER W~NDS * ~ F~D ~ J,U.o. COUSU,T~U~ SHEET /f)/~ ~HIC S~LE IN FE~ F~LE 34830 I " RIBS INSIDE~