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Home My WebLink About1000-107.-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 / ~ I [ 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 ] SYSTEM. ,/ / // / / / / / / / / / / / I / I I / I / I / I / / \ \ IL; 2009 MCE POOWOF.-[H Kf 01P NEF 455~ vd ~cr..t.4Am ~v~. %CA bE-: '/U,q'-'d' LJ~ H'VI ~lq /CE.V: I .I tC F..51 p E_-NCF.- .® .,.(90 ~ ~ '4 o¢-~Pss 6°7. .q ,2..2." 0 ~'Tu~::t~ '"ff:,UDD~IA ~r,, t~. I-~r=~ ~L$;a,'~A 4.,.5