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1000-9.-6-4
OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. 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 of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: September 17, 2007 Re~ Request for Wetland Permit for George Guimaraes SCTM# 9-6-4 GEORGE GUIMARAES requests a Wetland Permit for the existing deck and to remove the Japanese Knotweed, and repeat cuttings over the next three growing seasons. Located: Equestrian Ave., Fishers Island. SCTM#9-6-4 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the To~vn 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 distance to the as built deck from the freshwater wetland boundary is 11 feet; a minimum setback distance of 100 feet from the wetland line is required pnrsuant to Chapter 275-3.Findings; purpose; iurisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. If the action is approved and to further Policy 5: Protect and Improve Water quality in the Town of Southold: 1. Establish a non-turf buffer landward of the wetland boundary to protect the water quality of the pond. 2. Require ~utters to drywells on the house to contain roof runoff. The removal of Japanese knotweed and replanting along the shoreline with freshwater wetland buffer shrubs is an exempt Minor Action and not subject to LWRP review pursuant to Chapter 268-3; Items A and B of the Town of Southold Town Code, ~vhich states: E. Maintenance of existing landscaping or natural growth, except where threatened or endangered species of plants or animals are affected, or within significant coastal fish and wildlife habitat areas; Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FO~ SouthhoJd Tnwn Board of Tru~Leen All applicants for permits* including Town of Southold agencies, shall complete this CCAF t~r 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 Waterfront 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, ~oh answer must be explained in detail~ listing both sup~ortin~ and non- suD~orfin~ 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 ~bllowing 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. SCTM# q ,.- ¢ - PROJECT NAME (('~t~Ir~ (~ I DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): To vnaoa O [--] Plaan gaoarO auilaingDept. [] BoaraorT nstee ,. 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: Site acreage: , If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be prov)~t: (a) Name ofapplicant:_.~7~>i'D I~t~ ~ (c) Telephone number: Area Code ( )({~ ~ I J (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? ~ 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 11I - 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 Southold. See LWRP Section IIl- 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 III - Policies Pages 6 through 7 for evaluation criteria ~ Yes [] No ~ Not Applicable Attach additional shuts 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 111 - Policies; Pages 22 through 32 for evaluation criteria. Yes No ~ot Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quali~y in the Town of Southold. See LWRP Section II! - 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 [s~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lauds, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Iq 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 At~ach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonic Estuary and Town waters. See LWRP Section IIl- 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~X~Not Applicable Attach additional sheets if necessary Policy 13. Section 111 - Policies; Pages 65 through 68 for evaluation criteria. [-~ Yes ~ No ~ Not Applicable Promote appropriate use and development of energy and mineral resources. See LWRP PREPARED GARAGE ©© GUIMARAES RESIDENCE FISHERS ISLAND,NY , ,,/C-CLETHRA ALNIFOLIA *SWEET PEPPER BUSH J P-SALIX DISCOLOR *PUSSY WILLOW ~:~n~c'H~r J M-HIBISCUS MOSCHEUTOS (PALUSTRIS) *NATIVE ROSEMALLOW 9/~'1'~'-~ / J-EUPATORIUM MACULATUM *JOE PYE WEED A. INSTRUC'HONS 1. All applicants for permils* including Tow~ of Southold agencies, shall complete this CCAF for proposed actions that arc subject to the Town of Southold Waterfront Consistency Review L~w. This asse~ment 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 ministeriaI permits no! locatedwithin the Coastal Erosion HazardArea. Before answering the questions in Se.~ion 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 Waterbont Revitalization Progrmn. A vrovosed action w~t[..be eva!u~te~ as to its si~miflcan~ beneficial and_adverse effects upon file coastal area (which includes all of Southold If any question in Section C on this form is ~'wered "yes" or "no", then the proposed aoion affect the achievement of the LWRP policy standards eald condkioos contained in the consi.stency review law. Thus. eoch.ans.wer must be exolatned in detail, listin~ both suvoortin~ and non- suooortln~ fscts. If an action cannot be certified as eon.%tent with the LWRP policy stand:~ds an6 conditions, it shall not be u, de~mkeu. A cop>' of the LWRP is available in the following places: online at thc Toxwa of Southold ' s websil~ (southoldlov, u.northfmk net), the Board of Trustees Office, the PlanJ0ing Department, all local libraries and the Town Clerk's office, B. DESCRIPTION OF SITE AND PROPOSED ACTION PROJECT NAME "~ eC~"~'-~ 0.~ The Application has been submitted to (check appropriate response): TownBo.rd [] Planning Board ['~ BuildingDept, [~ BoardofTrm, tees [] 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, plamxing activity., agency, regulation, land transaction'~ (b) Financial assistance (eg grant, loan, subsidy) (c) Permit, approval, hcanse, ce~t'fication: Nature and ex-tent of action: AUG 2 8 2006 Site acreage:. If an application for the proposed action has been filed with thc Town of Southold agency, the fi~llowing information shall be provided: ~.)¥k~q.~) CC) ¥~ (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code (). (d) Apphcatton num er, if any: Will the action be directly undertake!~ require fund/ag, or approval by a state or federal agency? Yes [] No~'] Ifycs, which state or federal agency?. C. Evaluate the project to the following policies by aaalyzlng how the project will further support or not support the policies. Provldc all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVEL..OPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances eommunit~ character, preserve~ open space, mal~ efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section II! - Policies; Page 2 for evaluation criteria. Yes [] No ]~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve hiztorle and archaeological resources of the Town of Southold. See LWRP Section III - Policie~ Pages 3 through 6 for evaluation criteria [] Yes ~ NoG Not Ap@lieable A'd. ach additional sheets if'necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southuld. See LW'KP Section IH - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~-~ No [~ Not Applicable At*ach acld/tional sheets if necassarg' NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section Ill - Policies Pages 8 through 16 for evaluation criteria A~tach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section 111 - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No ~ Not Applicable Attach addJtio~al 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 A~aeh additional ~heet~ if necessary' Policy 7. Pages 32 through 34 for evaluation criteria. [] Yes [] No ~ Not Applicable Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Attach additional sheets if necessary Policy 8. Millimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LVVR, P Section Ill - Policies; Pages 34 through 38 for evaluation criteria. 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. [] Ye~---~ No~ Not Applicable Attach additional sheets If neeessai3,' 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. F'~ Yes [] No ~ Not Applicable ~h addifiomtl shce1~ if necessar~ 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 Policy 12. Protect agricultural lands in thc Town of Southold. See LWRP Section Ill - Policies: Pages 62 through 65 for evaluation criteria. [] Yes [] No ~LNot Applicable .... .... i. , Attach additional shee~s if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section II! - Pollcie~ Pages 65 through 68 for evaluation criteria. ~lYes ~ No ~l~ NotApplicable