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Home My WebLink About1000-117.-3-4.2OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: April 8, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Administrative Permit for JAMES B. GIVEN SCTM#117-3-4.2 JAMES B. GIVEN requests an Administrative Permit to trim brush and maintain sight to water. Located: 159 Old Harbor Rd., New Suffolk. SCTM#117-3-4.2 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 us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LVOIP. 6.3 Protect and restore tidal and freshwater wetlands. In addition to protecting and improving the Town's wetlands, adjacent lands that provide buffers to wetlands must be maintained and enhanced, and where appropriate, reestablished. These buffers are necessary to ensure the long term viability of the Town's wetlands. Where these lands are in private ownership, educating residential owners as to the long- term benefits of compatible land use and landscaping techniques will be essential to maintaining the ecological health of wetland areas. £. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 1. Maintain buffers to achieve a high filtration efficiency of surface runoff. 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. F. Reswre tidnl wetlands and freshwater wethmds, wherever proctical, to foster their continued existence as natural systems by: 3. inanipulating biological characteristics to emulate natural conditions through re-introduction of indigenous flora and fauna, and 4. protecting lands adjacent to wetlands from alterations so as to maximize natural buffers to wetlands. The following Best Management Practice (BMP) is recommended: 1 ) Require the applicant to replace (replant) the indigenous plant species tha~ have been removed, restoring the ecological values of the bluffcommunity which have been disturbed. This BMP recommended will further advance LWRP policy standard 4.2 noted below and LWRP policy standard 6.3 referenced above. 4.2 Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. If the Agencv~ Board of Trustees makes a contrary determination of consistencv~ the agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. l~t the eYent the L~IrRP Coordinator's recomme~dation is that the action is inconsistent with the LW~, and the ctgencT makes a conlrasv determination c~f consistencT, the agentT shall elaborate in writing the basis ~bt i~ disagreement with the recommemtalion atld state the manner and extent to which the action is consistent with the L ~f~ polic~, standard~. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Town of Southold 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 makin~ a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard .4rea. 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 Revitali?afion Program. A proposed action will be evaluated as to its sio'nificant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form ~s 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 suooortine and nen- 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 ' ' m the followmg.pla~, biilme at the Town of Southold's website (southoldtown.northfor.~l~.n~,~t~tl~Board of T~e, the Planning Department, all local libraries and the Town Clerk's office~ ~- -- B. DESCRIPTION OF SITE AND PRO?OSED ACTION $CTM# - The Application has been submitted to (check ap '~te rcs · TownBoard [--] rlanningBoard~] B~pt. I_] SoardofTrusteesJ~ 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, !and transaction) Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certitication: Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: (a) Name of applicant: Co) Mailing address: (c) Telephone number: ~ Code ( ) (d) Application number, if any: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: Will the action be directly undertaken, require funding, or approval by a state or federal agency?. Yes [~ NOPSI Ifyes, 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 IH - 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 [3. Yes Not Applieab,e 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 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 IH - 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 HI - Policies; Pages 22 through 32 for evaluation criteria. n Yes No Not App._ able Attach additional sheets if necessary Po]icy ?. 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. ~ Ye~-~ 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 ~-~ NoD Not Applicable / x 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 IH - Policies; Pages 57 through 62 for evaluation criteria. Yes ~-~ No ~/~Not Applicable Attach additional sheets ifnecessa~ Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 fo~luation 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. N Yes ~ No [~ Not Applicable