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Home My WebLink About1000-118.-5-2.2 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAIl.lNG 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 \t~ LWRP Coordinator Date: December 12, 2007 Re: Request for Wetland Permit for DENNIS HICKEY SCTM# 118-5-2.2 DENNIS HICKEY requests a Wetland Permit to remove existing non-native species, build terraces above the 10' elevation and pitch grade landward from water. Install drywells upland to capture downspouts and surface waters from terracing. Replant entire area affected by terracing with native grasses and shrubs 18-36" on center depending on species. Install gravel and stones ttu'oughout plantings for maintenance of planting areas. Located: 175 Clearwater Lane, Cutchogue. SCTM#118-5-2.2 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 SouthoM 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. 6.1 The distance from the proposed stone walls and landscaping to the wetland line is 20 feet~ a minimum setback distance of 50 feet is required pursuant to Chapter 275-3.Findings; purpose[ iurisdictlon~ setbacksl for landscaping or eardenine. The existing bank is stable~ and vegetated with oak trees~ bayberry bushes~ and native grasses. There are currently no signs of erosion. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. Protect and restore ecological quality throughout the Town of Southold. measures. Protect and restore ecological quality by adhering to the following 1. Maintain values associated with natural ecological communities. Each natural ecological community has associated values which contribute to the ecological quality of the Town of Southold. These values should be assessed on a case-by-case basis. 2. Retain and add indigenous plants to maintain and restore values of natural ecological communities. a. Protect existing indigenous plants from loss or disturbance to the extent practical. b. Include use of suitable indigenous plants in the landscaping plans for new development and in redevelopment projects where loss or disturbance of existing indigenous plants could not be prevented during construction. If the action is approved the following best management practices (BMP's) are recommended: 1. Retain the native species between the wetland line and the stone wall. 2. Require hay bales during construction. The BMP's will further Policies 5, Protect and improve ~vater quality in the Town of Southold and 6.3 Protect and restore tidal and freshwater wetlands, item D (below). D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. MT/hkc Town of Southoid 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 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~ each answer must be explained in detaik listing both suvvortinlt and non- suvvortin~, 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 SCTM# ,/d,,O0 - / [ ~ - D~ - ,,9.~ PROJECT NAME -I~Z th r~ 15 ~f[ (2ZC'cq The Application has been submitted to (check appropriate response): TownBoard [~ Planning Board [w} Building Dept. ~] BoardofTrustees [] 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: non - Xoec/ 5 vne,:,r5 U' ~ ~ - t ' Location of action: 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) Nameofapplicant: ~-~£/")rTl' q (b) Mailing address: / 61.~ C ]/d/zgq]~[H ~,0~n/-'- 5-F Je rncg//7o°-0 (c) Telephone number: Area Code (¢y/) b-~ct/-- ~/oO oZ (d) Application number, if any: Will the action be directly undertaken, require fi~nding, 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 I. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient 9se of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of developme'nt. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~'~Yes [-~ No [] Not Applicable At~ach 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 es: 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 V~ No [] Not Applicable t 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 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 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 II1 - 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 [] Noi 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 Atlach 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 ~_/~/~ ~C>~;;'~ TITLE "7 Cc,3! 7~ '79Z3 NO~,t~';5~:~