HomeMy WebLinkAbout1000-107.-4-13 OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, [XrY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGP.~AVI
TOWN OF SOUTHOLD
To:
Jim King, President
Town of Southold Board of Trustees
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: July 16, 2009
Re:
Proposed Wetland Permit for RICHARD BOSWORTH
SCTM#107-4-13
RICHARD BOSWORTH requests a Wetland Permit to install a new spa, in-ground swimming pool and
patio, 4' high fence and gates, clear existing trees and shrubbery to 50' of freshwater wetlands and re-
vegetate, and install an impervious driveway. Located: 4553 Wickham Ave., Mattituck. SCTM#107-4-13
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 below Policy Standards and therefore is INCONSISTENT with the LWRP.
Policy6. Protect and restore the quality and function of the Town of Southold ecosystem
6.3 Protect and restore tidal and freshwater wetlands.
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.
The adequacy of the buffer depends on the following factors:
Potential for adverse effects associated with the use. Uses such as those
involving hazardous materials, on-site sewage disposal, or mineral extraction
have high potential for adverse effects and may raquira substantial buffer.
The nature and importance of the wetland and its benefits. Substantial buffers
may be necessary to avoid adverse effects from adjacent or nearby uses based
on the nature of the land use and the characteristics of the affected wetland.
Direction and flow of surface water between a use and adjacent or nearby
wetland. Buffer widths may be reduced in areas where drainage patterns
normally do not lead directly to the wetland and where adverse affects on the
wetland, other than those due to runoff, are not likely.
Buffer width necessary to achieve a high particulate filtration efficiency of surface
runoff as determined by vegetative cover type, soil characte~stics, and slope of
land.
Other management measures or design alternatives to protect wetlands from
adverse effects where site constraints do not allow sufficient buffer width.
E. Maintain buffers to ensure that adverse effects of adjacent or nearby development ara avoided:
Maintain buffers to achieve a high filtration efficiency of surface runoff.
Avoid permanent or unnecessary disturbance within buffer areas.
Maintain existing indigenous vegetation within buffer areas.
Staff has researched the best available science on wetland buffers and the effectiveness of such
buffers relative to width, species composition and pement cover. Wetland buffer widths from 50 -100
feet are typically recommended to protect water quality and buffers widths of 100 to 350 feet or more
are recommended to provide important wildlife functions.
Wetland buffer widths assume that a buffer is vegetated with a native plant community necessary to
I~rovide adequate buffer functions. If a buffer (existing or otherwise) is sparsely vegetated, grass, or
dominated by invasive species, the buffer should be enhanced with appropriate native species or
widened. It is important to note that improving buffer vegetation (species composition and percent
cover) is more effective in maintaining and/or enhancing buffer values and functions than merely
widening the buffer.
Althou.qh it is difficult to determine the proposed landscape area in relation to the freshwater wetland
boundary, it is recommended that a 50' perpetual, natural veRetated buffer be required from the
freshwater wetland and 100' perpetual natural ve.cletated buffer from the madne wetland boundary.
NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existing
vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be
maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To achieve the
percent ground cover indigenous, drought tolerant vegetation shall be planted. Sui'vival of planted
vegetation shall be (ninety) 90 percent for a period of three (3) years. Maintenance activities within the
buffer are limited to removing vegetation which are hazardous to life and property, trimmin.q tree limbs
up to a hei,qht of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four
foot (4') wide access path constructed of pervious material for access to the water-body.
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: Lori Hulse, Assistant Town Attorney
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
_AI_I _a_pplie~n__t_~ f_m-_ =r~____rmjt_~* i_n_¢!udLn8 To~n-o~-,.%uthold.agea~ie~,- o..bol_.J
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 exem£t actions including BUilding Permits
and other ministerial perm#s 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
Wateffzont 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).
o
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-
suooortin~ 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 i '"~/
SCTM# /O O ~ hJ
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[ Fr ~',:! ~f
The Application has been submitted to {check appropriate response):
TownBoard [] Planning Boanl ['-] Building Dept. [] BoardofTrnstees [~ '
Category of TOWn of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital ~ i" ....
construction, planning activity, agency regulation, land lza~i~tiyn)
(b) Financial assistance (e.g. grant, loan, subsidy) _
(c) Permit, approval, license, certification:
Nature and extent of action:
~ocation of action: 4~'3~3
Site acreage: /. ~
Present l~d use:
Present ming cl~sificafion: ~-~
If ~ application for ~e proposed action ~ been fil~ M~ ~e Tom of Sou~old agency, ~e follo~g
~omafion s~l be provided:
(a) Nme ofapplic~t: ~f~A~ ~0~O~
O) M~l~gad~ess: ~O~r P~/~ ~/~0. ~. ~t //~
(c) Telephone number: Area Code ~J)~ 7ff7-'3~O~'''
(d) Application number, if any:.
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes ~ No[}~ Ifyes, which state or federalagency?
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 HI - 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 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 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 HI - 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
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 (~OAST 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 HI - Policies; Pages 57 through 62 for evaluation criteria.
~ Yes ~ No~L~V__] Not Applicable
-At~ach 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.
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section HI - Policies; Pages 65 through 68 for evaluation criteria.
~ Y. [] No ~ Not Applicable
PREPARED BY
TITLE o ~.~ o~ DATE
Board of Trustees Application
County of Suffolk
State of New York
/~,t/4/~ /~j~4/,~/9_./"'--'2~ BEING DULY SWORN
DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE
DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE
TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK
WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY
BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT
AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES
HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING
UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS
APPLICATION, ! HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR
REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE
PREMISES 1N CONJUNCTION WITH REVIEW OF THIS APPLICATION.
SWORN TO BEFORE ME THIS
!
DAY OF Jr~-'L.~_. ,20ff_,)~
DEIBIE J MARITATO
NOTARY PUBLIC-STATE OF NEW YORK
No. 01MA&lO1833
Qualltlea In Suffolk County
My ¢om~llllon Expires November 17, 201 ]
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