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Home My WebLink About1000-7.-1-2 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To~ James King, President Town of Southold Board o f Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: May 4, 2007 Re~ Request for Wetland Permit for WILMINGTON TRUST COMPANY SCTM# 7-1-p/o Lot 2 WILMINGTON TRUST COMPANY requests a Wetland Permit to construct a 22'X 32' detached garage. Located: Private Rd., Fishers Island. SCTM#7-1-p/o Lot 2 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 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 Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. 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 proposed distance to the new garage from the freshwater wetlands is 81 feet; a minimum setback distance of 100 feet from the wetland line is required pursuant to Chapter 275-3.Findings; purpose; jurisdiction: setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. Additionally, if the action is approved and to further Policy 5: Protect and Improve Water quality in the Town of Southold 1. Require gutters, downspouts, and sub-surface drywells to contain roof runoff on garage and hay bales during construction. 2. Establish a non-turf buffer to protect the wetlands. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. ,AF~-I1'-888T 19:41 F~OM:JMO CONSULTING 6533348 Town of Southold ~ ~~' 'i !,~1 ~ ~S~U~ONS ~ 1. ~ ~U~ f~ p~* ~clud~ To~ of ~u&old ~c~cs, ~1 ~p~ ~ C~for-~-'~ * ~ ~o~ ~ ~ subj~ ~ ~c To~ of ~ld W~~*~-~ '~is ~mt ~ ~ ~ ~le~nt o&cr ~o~ ~ by a To~ of S~ld ~ ~ ~ oth~ min~t~l~i~ not l~at~ ~thi~ ~e ~lal E~n ~ ~a. Before na~wering the questions in Section C, the pt~p~er of this form should x~view ~e exempt minor action list, policie~ nad explanations of each policy contained in the Town of ~outhold Local Wat~.%nt Revitnli~,~ion Program. A proposed action will be evaluated ns to its si~ificant beneficial nad adverse effects upon the con,al area (which includes all of Southold Town). ].f any question in Section C on this form is answered "yc~", then thc prop~ed action may affect the ac, hievcment of the LWRP policy sinndard~ and conditions contained in the comistoney ~ew law. Thus, the action should be ~nnly-~ed in more detail and, if neces~, modified prior to making a detormlna~ion that it is consistent to the maximum extent practicable with thc LWRP policy standards nad condflions. If na ection cannot be certified as consistent wilh the LWRP policy standards and conditions, it shid] not be undertaken. A copy of the LWRP is available in the followin__~ places: online at thc Town of Sonthold's we~ita (~utholdmw~no~hfork. n~t), the Board of TruCes Office, the Plaon~ Depam~nt, all local libraries and th~ Town Clerk's of Twe. B. DESCRIFYION OF SITE AND PROPOSED ACTION 5CI]Vl~ 1000 -7 -1- p/o lot 2 APR 12 2007 The Application has been submitted to (check appropfiatc responsc): TownBonrd [] PlmuflngDept. [-~ BuildingDept [] BoardofTrustees [~ Category of Town of Sonthold agency action (check appropriate ~sponse): (a) Action undertaken directly by Town agency (e.g. capital [] cons~l'uction, planning activity, agency regulation, lnad ~nmsaction) [] (b) Financial assia~ (c.g. grant, loan, subsidy) (c) Permit, approval, license, certification: [] Nature nad extent of action: Applicant prooose~ to construct a 22'~2' d~,~'neh~ ~nrnq~, APR-11-S807 19:41 FROM:JMO CONSULTING 6533348 T0:7656641 P.3 Location of scion: Site acreage: Presmt land use: private road. no /~. Fishers Island existing SFD Present zoning classification: If an application for the prolx~ action has been filed w/th the Town of Southoid agency, the following information slmll be providec~ (a) N~eofappHcant:Wilminqton Trust Company, Thomas L, duPont (b) l~mii~gaddr~s: TL duPont, 3051 Tech Drivet St. Petersburgt FL 33716 (¢) Tel~phonen-mh~.A~aCode( ) 727-573-9339 . (d) Application numbs, iffy:, unknown Will ~ a~on b~ 4i~tiy un4~k~ ~qui~ tirade, or approval by a ~a~ or f~t~a! ag~ncf Yes n~ NoF] Ify~, which state or federal a~ency? N.Y.S.D.E.C. 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 m - Policies; Page 2 for evaluation [] No ~'~ Not Applicable AUach additional sh~m if necessary Policy 2. Prot_~__ nnd preserve historic and archacological resources of the Town of Southold. See L.WR/P Section m- Policies Pages 3 through 6 for evaluation criteria ~t~ Yes ['~ No [] Not Applicable , APR-1I-S887 19:42 FROM:JMO CONSULTING 6533348 T0:7656641 P.4 A~ae~ ,.~!tional sheets if ne~e~sav/ PLO~yS. ~ visual quality and protect scenic Fesources throuahout the Town of Southold. See ection tn Policies Pag.~. 6 through ? for evaluation criteria es n~ No [-~ Not Applicable Attnch additional sheets if nece~ary NATURAL COAST POLICII~-q yIlI ' ~ loss of life, structures, and natural resources from flOOding 8nd erosion. See LWRP - Pone]es Pages 8 through 16 for evaluation criteria es [] No [] Not Applicable Attaoh nddltlonal shee~ if necessary Po~.~. ~ Protect and impFove water quality and supply in the Town of Southold. See LWRP Section - Poli/gfes Pages 16 through 21 for evaluation eriteria t~] Yes ~ No [] Not Applicable Atlnch odditioanl sheets ffnecessary Policy 6. Protect and restore the quality and function of the Town of Southoid ecosystems including Sipflfl~t Coastal Fb? and Wildlife Habitats and wetlands. See LWRP Section HI - Poflcles; Pages 22 throu~ 32 for evaluation crileria. ~ Yes n~ No [] Not Applicable APR-ii-H88? 19:48 FROM:JMO CONSULTING 6S~3348 T0:7656641 P.S At'tach addigonal sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LV+q~P Section HI - Policies Pages 32 through 34 fo~evuluaflon eriteria. [] Yes ~ No [~ Not Applicable At~noh addigonnl sheets if necessary ySee~. MhlmJy~ mvlFOllmental degradation in .Town of ~outhold fFom solid waste and hazardous and wastes. See LWRP Section HI- Pohc~es; Pages 34 thFough 38 for evaluation criteria. [] N° [--~'Not Applicable PUBLIC COAST POLICIF~ Po#_cy 9. Provide for public access to, and recrentional use of, coastal waters, public lands, and public resources of the Town/~f Southold. See LWRP Section III = Policies; Pages 38 through 46 for evaluation ~ [] Ye~ No L-~Not Applieable Attach additional sheets if necessary WOIaKING COAST POLICIE~ Policy 10. Protect Southold's ~dent uses nnd promote siting of new water-dependent uses in S~yle locatiom. See LWRP Section m - Policies; Pages 47 through 56 for evaluation criterh. es [] No [] Not Applicable A~R-11-2807 19:42 FROM:JMO CONSULTING 6533~48 T0:?~56641 P.6 Policy 11. Promote ~ustainnble use of Hying mnrine ~r~. turces in Lon~ ~s!nnd Sound, the Peronic ~ .d Town waters. See.LWRP Section 111- Po,cl., Pag. ~7 through 62 for eveluaflon criteria. Yes [] NO [] Not Applicable AUar. h nddifion~ shce~ if n~c~s~av/ Policy 12. Protect agricultural lands in the Town of 8outhold, See LWRP Section U1 - Poficies; Pages 62 through 65 for ev~u~flon criter~. [] Yes [] No(~Not Applicable At~m~h ~ldifional sheets if ne~e~m~ 13. PoH.cy Promote appropriate use nnd development of energy and mineral resources. See LWRP Section HI - Poli~_~,l#nges 65 through 68 for evnluatinn criteria. [] Yes N NO [~ ~ot Applicable Created on 5/25/05 11:20 AM , APR-Il-200? 19:42 FROM:JMO CONSULTIN~S 6SBB~48 T0:76S6641 P.? J.M.O. Environmen l Consukin§ S rvices Applicant: Wilmington Trust Company, Thomas L DuPont Location: Private road, no #, Fishers Island S.C.T.M.No. 1000-7-I-p/o Lot 2 The project consists of the applicant's proposal to conslruct a 22' x 32' detached garage which would be located approximately $1' landward of the existing freshwater wetlands line, as per enclosed plans. 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. The project shall be located on what is now a manicured lawn. The project does not involve agricultural land nor will open space be utilized or impacted. I believe that this project is consistent with this policy because the proje~ 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. I believe that this project is consistant with this policy. 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 resouroes, or any archeological resources nor the Coastal Culture of the Peconic Bays. 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, drive and landscaping were constructed/installed. Policy 3. I believe that this project is consistent with this policy since the project will not have an impact on any scenic resource of the Town of Southold. Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave · 2nd Floor. P.O. Box 447 Quogue, New York 11959-0447 APR-1E-8887 19:43 V~OM:JMO CONSULTING 6533348 T0:7656641 P.8 Policy 4. I feel that the project is consistent with this policy for a number of reasons. The proposed garage has been designed based upon sound engineering practices and designed to the minimum scale necessm'y. 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 cfa 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 in negative health impacts such as pathogens, chemical contaminants or toxicity nor shall there be any negative aesthetic factors involved with the project. 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 area of freshwater wetlands by the destruction of habitat or significant impairment to the tolerance range of any species offish or wildlife. 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 not involve the disposal of solid waste or debris 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. Nor will the project have impacts upon the public's right of access along the shoreline APR-~I-~? 19:43 FROM:JMO CONSULTING G533348 TO:TGSGG41 P.9 Policy 10. I feel that the project is consistent with this policy. The project shall have no impacts upon any existing water-dependent commercial, industrial or recreational uses of the Peconic Bays. Nor is the project located on Mill Creek or within the Village of Oreenport and does not involve water-dependent uses at those sites. Policy 11. I feel &at the project is consistent with this policy. The project does not involve aquaculture or the removal of shellfish from unterrified waters of the Town of Sou&old nor shall it have a negative impact upon the long-term maintenance and heal& 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 &is policy is applicable to the project since the project does not involve energy or mineral resources. ROCKY LEDGE, INC. 2{)'-- POIt~ION BLOCK 28 - LOT 15 OF CLF~,RINC LOT UNE N/F BURTON G. TREMAINE, JR. c. ~ '\\. PORTION ~I~CK 2~ - LOT MON, 1733.96 W 7700.52